3.  The Consultation Period

3.1  Prior to the relevant Works commencing at any particular Dwelling, the Contractor will explain to the Tenant the scoped implications of the relevant Works to be carried out at the relevant Dwelling. This process is outlined in the Access Protocol.

3.2  It is likely that it is at this stage that the first possible requests for Tenant Waiver(s) will be raised.  Should any Tenant Waiver(s) be raised, the Contractor will explain to the Tenant the implications of not having the relevant elements of the Works undertaken. The Contractor will also explain the Tenant Waiver Understanding / Obligation document (appended to this Protocol at Annex 1) (the Tenant Waiver Form) to the Tenant.  

3.3  A Tenant Waiver Form will be left with the Tenant for completion. The Contractor shall collect the completed form from the Tenant, having first allowed the Tenant 7 days to review the implications as explained to it by the Contractor.  No Tenant Waiver(s) shall have effect until a Tenant has agreed to, completed and signed a Tenant Waiver Form.  When the Tenant has done this, a Tenant Waiver Event will occur provided the Contractor has complied with the provisions of this Protocol.

3.4  All Tenant Waiver(s) will be reported on a monthly Payment and Performance Report by the Contractor to the Authority.

3.5  In the event that the Contractor believes the elements comprising the scope of the Tenant Waiver(s) (as detailed on the relevant Tenant Waiver Form) would:

3.5.1  constitute a Health and Safety hazard;

3.5.2  constitute a breach of applicable law or relevant codes of practice;

3.5.3  constitute a breach of the Authority's obligations under the relevant Tenancy Agreement or under common law;

3.5.4  otherwise enable the Tenant to withhold any rent and/or other service charges or monies due to the Authority and/or the Contractor; and/or

3.5.5  be detrimental to any other elements of the fabric of the relevant Dwelling (including deterioration below the [Basic Availability Standard] where relevant),

then the Contractor will not allow such Tenant Waiver(s) and will ensure the proposed Works are carried out at the relevant Dwelling as planned and in accordance with the terms of this Agreement.