23.2  Surveys

23.2.1  [The Contractor shall at its own cost carry out a stock condition survey of all Dwellings every [five] years commencing on the fifth anniversary of the date of [full] Services Commencement in order to identify and determine the requirement for future Planned Maintenance and shall supply the Authority with details of the survey].189

23.2.2  If the Authority reasonably believes that the Contractor is in breach of its obligations under clause 23.1 (Maintenance), then it may carry out or procure the carrying out of a survey of the Dwellings [and Properties] to assess whether the Dwellings [and Properties] have been and are being maintained by the Contractor in accordance with its obligations under clause 23.1 (Maintenance). This right [may be exercised with the consent of the Tenants and]190 may not be exercised more often than once every [two] years.

23.2.3  The Authority shall notify the Contractor in writing a minimum of 10 Business Days in advance of the date it wishes to carry out the survey. The Authority shall consider in good faith any reasonable request by the Contractor for the survey to be carried out on a different date if such request is made at least five Business Days prior to the notified date and the Contractor (acting reasonably) is able to demonstrate that carrying out the survey on the notified date would materially prejudice the Contractor's ability to provide the Services.

23.2.4  When carrying out any survey, the Authority shall use reasonable endeavours to minimise any disruption caused to the provision of the Services by the Contractor. The cost of the survey shall, except where clause 23.2.5 (Surveys) applies, be borne by the Authority. The Contractor shall give the Authority (free of charge) any reasonable assistance required by the Authority during the carrying out of any survey.

23.2.5  If the survey shows that the Contractor has not complied or is not complying with its obligations under clause 23.1 (Maintenance), the Authority shall:

(a)  notify the Contractor of the standard that the condition of the Dwellings [and/or Properties] should be in to comply with its obligations under clause 23.1 (Maintenance);

(b)  specify a reasonable period within which the Contractor must carry out any necessary rectification and/or maintenance work; and

(c)  be entitled, where the Contractor has not complied, or is not complying with its obligations [in a material way] [in respect [%] of the Dwellings subject to the survey], to be reimbursed by the Contractor for the cost of the survey and any administrative costs incurred by the Authority in relation to the survey.

23.2.6  The Contractor shall carry out such rectification and/or maintenance work within the period specified by the Authority and any costs it incurs in carrying out such rectification and/or maintenance work shall be at its own expense.

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189 Relevant only for non-HRA projects where the Contractor owns and operates the Dwellings.

190 This sub-clause will not be relevant in non-HRA projects where the Contractor owns and operates the Dwellings.