11  Tenant Waivers and Access Protocols

As non-HRA Projects are largely new build projects and tenants are not the Authority's tenants (the Landlord has the ability to and risk of managing its own tenants) it is not appropriate to include an Access Protocol for the carrying out of works.  Similarly an Access Protocol should not be required for the carrying out of any cyclical or lifecycle maintenance works for the reasons already stated.  If, however, Authorities are to impose performance or unavailability deductions on the Contractor for a failure to meet availability or performance standards then it would be appropriate to include a more limited Access Protocol which affords relief to the Contractor from deductions (an Excusing Event) where, having followed agreed access procedures, the Contractor is still unable to obtain access to Dwellings.  An RSL or RP would not be faced with such penalties if it failed to obtain access to any of its other stock to carry out such maintenance and it should be placed in the same position on a non-HRA Project.  No other relief should be afforded by the Authority in relation to a failure to obtain access to Dwellings.

For the reasons set out above, it is also not necessary to include a Tenant Waiver Protocol for the carrying out of work during the construction period on a non-HRA Project.  Such a protocol is also not needed for the carrying out of cyclical and lifecycle maintenance during the concession period given a failure to carry out such works is a Contractor or Landlord risk as the owner of the Dwellings.  The Authority can reply upon its rights to carry out maintenance surveys (clause 23.2 of HPP) to ensure that any monies included in the Base Case for cyclical and lifecycle works is spent by the Contractor or Landlord on the Dwellings.