7.1.1  General Requirements

The Contractor is expected to maintain the Zones at the statutory minimum standard at all times.  This is defined as:

a)  Free from a 'Category 1' failure under the Housing Health & Safety Rating System (part of the Housing Act 2004) at all times (as set out in 4.2 of the Decent Homes: Definition and Guidance for Implementation; Department for Communities and Local Government, June 2006.)  It should be noted that the continuing presence of a Category 1 failure on the grounds of "disproportionate expense or disruption" will only be permitted if requested by the Contractor and accepted in the Authority's sole discretion.

b)  Free from statutory nuisance (as defined under the Environmental Protection Act 1990)

c)  Compliant with the Authority's obligations (as defined in the Landlord and Tenant Act 1985, Section 11) insofar as they are delegated to the Contractor.

The above standards will be deemed to be updated by any successor legislation during the Contract Term.

In addition to the above and in relation to the apartments only, the Contractor must maintain each apartment at 'Decent Homes Plus' standard.  This is defined with reference to the Decent Homes: Definition and Guidance for Implementation; Department for Communities and Local Government, June 2006.  A failure event occurs if:

d)  Under Criterion B either:

i.  Any one of the components scheduled in Annex A, Table 1 have, with reference to the table, exceeded the prescribed life, and are therefore determined as 'old'; and/or

ii.  Any one of the components scheduled in Annex A, Table 2 are, with reference to the table, determined to be 'in poor condition' and in need of repair or replacement;

e)  Under Criterion C, any of the individual criterion listed in paragraph 5.17 are not met; and/or

f)  Under criterion D, the requirements of paragraphs 5.23 to 5.26 (as they apply in their different combinations of heating and insulation requirements) are not met.