15  Tenant Damage

Given that the Contractor or the Housing Management Contractor is the landlord of the tenant and provides all housing management services to the tenants, the Contractor or the Housing Management Contractor should assume full risk of damage to the Dwellings/Common Parts caused by tenants/occupiers of the Dwellings/Common Parts.

In addition, as the Contractor or the Housing Management Contractor is the owner of the Dwellings/Common Parts they should be responsible for any third party damage caused to the Dwellings/Common Parts.

Accordingly, clause 56.4, the definition of Third Party Damage and the Tenant and Third Party Damage Protocol in HPP should be deleted.

In extra care projects where care services are not outsourced under the PFI and are provided by the Authority (or a subcontractor procured by the Authority or by the Tenants) or any other services are provided by the Authority (such as catering services in any restaurant) then it would be appropriate for the Authority to provide relief to the Contractor for any damage caused to the Dwellings and/or Common Parts by the Authority or a subcontractor engaged by the Authority in providing those services.  In these circumstances the definition of Authority Related Party will need to be amended and suitable drafting to cover this and the relief to be afforded for damage caused to Dwellings and/or Common Parts is set out at paragraph 49 of the Guidance.  Such provisions would not be appropriate for a general needs non-HRA Project where the Authority's role in relation to the Dwellings and Common Parts is largely limited to one of inspection only.