Contractor Alternative Accommodation

3.27.  The Contractor shall, when a Dwelling is Unavailable and poses a risk to Health and Safety, propose Suitable Alternative Accommodation in respect of the Unavailable Dwelling, which will be paid for by the Contractor, by sending a notice to the relevant Tenant or Leaseholder and the Authority:

(a)  specifying the Suitable Alternative Accommodation;

(b)  advising the Tenant or Leaseholder of its reasonable estimate of the date by which the they may relocate from the Suitable Alternative Accommodation to the relevant Dwelling on the basis that the same is no longer Unavailable; and

(c)  describing the terms upon which the Tenant or Leaseholder shall be entitled to occupy such Suitable Alternative Accommodation (which terms shall not impose any rental obligations on the Authority)

(d)  invite the Tenant or Leaseholder to inspect the proposed Suitable Alternative Accommodation and shall give the Tenant or Leaseholder reasonable notice of a time when he may do so prior to any relocation to the Suitable Alternative Accommodation;

(e)  set out its proposals regarding the timing and co-ordination of relocation of the Tenant or Leaseholder to the Suitable Alternative Accommodation, and the Contractor shall use all its reasonable endeavours to achieve such relocation as soon as possible;

3.28.  The Tenant shall notify the Contractor of its acceptance (or refusal) of such Suitable Alternative Accommodation within the Alternative Accommodation Response Period for the relevant Dwelling provided that the Tenant or Leaseholder shall have no obligation to accept (acting reasonably) any Suitable Alternative Accommodation offered to it pursuant to paragraph 3.22 if they consider that such Alternative Accommodation:

(a)  does not meet an equivalent Availability Standard of the Dwellings under this Contract;

(b)  does not meet the standard of housing accommodation that would otherwise be provided by the Authority;

(c)  is not considered suitable equivalent housing accommodation having due regard to existing requirements of the Tenant and or Leaseholder, including reference to the number of bedrooms and the proximity of the Suitable Alternative Accommodation to the Unavailable Dwelling.

3.29. The Contractor will be given relief from Unavailability Deductions for the period during which the Tenant or Leaseholder is occupying the Suitable Alternative Accommodation and the Contractor shall:

a)  bear all the costs of providing such Suitable Alternative Accommodation;

b)  Bear all reasonable costs and losses suffered by any Tenant or Leaseholder in relocating to and from and any reasonable additional costs incurred by the Tenant or Leaseholder in occupying the Suitable Alternative Accommodation;

c)  bear any increased costs and other expenses reasonably incurred by the Authority resulting from moving to or from and/or operating from the Suitable Alternative Accommodation;

d)  reimburse all reasonable costs and expenses incurred by the Authority in relation to the approval or otherwise of any Suitable Alternative Accommodation; and

e)  comply with the relevant provisions of the Output Specification in respect of compensation payable to Tenants and Leaseholders.

3.30.  Where the Tenant or Leaseholder refuses any proposed Suitable Alternative Accommodation, but in circumstances where such refusal is made and the proposed Suitable Alternative Accommodation complies with the relevant criteria set out in paragraph 3.28 the relevant Rented Dwelling or Leasehold Dwelling shall be treated as Unavailable and the Authority and the Contractor shall each comply with their respective obligations contained in the Access Protocol.

3.31.  In the event that the Contractor does not restore the relevant Rented Dwelling or Leasehold Dwelling to Availability on or before the agreed Return Date, then the Rented Dwelling or Leasehold Dwelling shall be deemed to be Unavailable for each Day following the Return Date including the Day upon which the Rented Dwelling or Leasehold Dwelling first becomes Available again.

3.32.  In agreeing to any Suitable Alternative Accommodation, the Authority and the Contractor shall each use their best endeavours to agree the date by which the Tenant or Leaseholder may reasonably expect to relocate back to the relevant Rented Dwelling or Leasehold Dwelling (the Return Date) which in any case shall be such date as shall be reasonably specified at the time by the Contractor and approved by the Authority (such approval not to be unreasonably withheld or delayed).