1.  Meaning of Access Refusal

1.1  An Access Refusal occurs where a Tenant either:

1.1.1  refuses access to a Dwelling to undertake Works or Services (whether or not they have been started); or

1.1.2  refuses access to a Dwelling to allow an inspection by the Independent Certifier under clause 20 (Certificate of Availability); or

1.1.3  fails to respond to contacts made by the Contractor at the point indicated in the procedure contained in paragraph 2.2 of this Access Protocol and provided the Contractor is complying with the provisions of this Protocol

but does not apply:

1.1.4  to refusals which arise where the Tenant does not want particular items of work to be undertaken on the ground that they wish to retain their own alteration which will be covered by the Tenant Waiver Protocol;

1.1.5  to cases where the relevant Dwelling would otherwise fail to meet the Availability Standards (Initial) applicable at the time.  In these cases the Contractor must take all necessary steps that are accordance with Good Industry Practice, the Output Specification and, generally, this Agreement to secure access in order to prevent health or safety being compromised.  This may involve the taking of legal proceedings by the Contractor in the Authority's name for this purpose;

1.1.6  to circumstances where access was refused for reasons linked to the failure of the Contractor or any Contractor Related Party to perform its obligations in accordance with Good Industry Practice or with the terms of this Protocol, or if access was refused for reasons linked to any cause within the control or the ability of the Contractor or any Contractor Related Party to manage with respect to works undertaken to the Dwellings.  To avoid any doubt, this paragraph does not apply in relation to access refusals that are related to events outside of the Project Area even if they involve the Contractor or any Contractor Related Party;

1.1.7  where a Dwelling has been the subject of a new Tenancy granted to a Tenant other than the Tenant that refused access, unless the new Tenant also refuses access.

1.2  This Protocol is set out in two parts, the first covering the period prior to the issue of a Certificate of Availability (Full Standard) in relation to a Dwelling and the second covering Cyclical Maintenance and Renewal Works, whether or not to be carried out before a Certificate of Availability (Full Standard) is issued in relation to a Dwelling.