2.3  Procedure for the Initial Refurbishment Works

2.3.1  The Contractor will at all times use all reasonable endeavours to undertake works on a neighbouring property basis, if physically possible, that is to proceed from one Dwelling to the next in the street.

2.3.2  In the event that there is an Access Refusal Event, the following procedure will be followed:

(a)  if the Contractor believes that there are significant Health & Safety issues in respect of the Dwelling or other potential liabilities to the Authority or the Contractor, then it will take the appropriate steps [including taking legal proceedings] to gain access at the earliest opportunity;

(b)  in the event that subsequent phases of the Initial Refurbishment Works are conducive to revisiting Dwellings then the Resident Liaison Officer will again take all reasonable steps to attempt to make contact with the relevant Tenants or members of their households;

(c)  if the Tenant does subsequently allow access to the Dwelling prior to the end of the Initial Refurbishment Works Period, the Dwelling will be placed on an Access Refusal and Tenant Waiver Waiting List to be maintained by the Contractor but within a dedicated "No Access" Category on a strict date order basis from the date when the Tenant indicated that access would be allowed;

(d)  the Contractor will during the Initial Refurbishment Work Period return and complete the Initial Refurbishment Works within [  ] weeks after the date when the Tenant indicated that access would be allowed if there is no more than one other Dwelling recorded before it on the "No Access" Category, otherwise within [  ] weeks Dwellings will cease to be recorded on the Access Refusal and Tenant Waiver Waiting List for all purposes once the relevant Works have been commenced;

(e)  prior to the end of the Initial Refurbishment Works Period, but not later than [  ] months after the Services Commencement Date, the Contractor will contact all Tenants that have refused access to their Dwellings. This will be by letter, which will be personally delivered by the Resident Liaison Officer to the relevant Dwellings.  Dwellings of Tenants subsequently allowing access after the dispatch of this letter will be added to the Access Refusal and Tenant Waiver Waiting List within a dedicated "No Access" Category according to Refusal date order priority;

(f)  notwithstanding any restrictions elsewhere in this Access Protocol, the Contractor will return and complete the Initial Refurbishment Works within [  ] weeks after the expiry of the Initial Refurbishment Works Period to all remaining Dwellings recorded in this category according to their date order priority, when the Tenant vacates the Dwelling or subsequently allows access up to a maximum of [  ] Dwellings, including Dwellings subject to Access Refusal recorded in the last three months of the Initial Refurbishment Works Period; and

2.3.3  All copies of written letters and dates and times of delivery and attempted access will be recorded by the Contractor and made available to Authority inspection on two Business Days's notice.  The Contractor will also provide a rolling schedule of Dwellings where no response to the 28 and 7 day letters have been received.