Part I - DEFINITIONS
In this schedule, unless the context otherwise requires, the following words and expressions shall have the following meanings:
[an Access Protocol may be required. A specimen is contained in Appendix 1A [of the Project Agreement] which can be adapted for specific projects] | |
has the meaning given to it in paragraph 1 of the Access Protocol | |
the deduction for the Contract Month calculated in accordance with paragraph 4.5 | |
the deduction calculated in accordance with paragraph 4.5 | |
the deduction for the Contract Month calculated in accordance with paragraph 3.22 | |
the deduction calculated in accordance with paragraph 3.22 | |
the higher of an Unavailability Deduction for a relevant Dwelling and the reasonable costs and expenses incurred by the Authority and reasonable costs and losses suffered by the Tenant or Leaseholder in relocating to and from the alternative accommodation and any reasonable additional costs incurred by the Tenant or Leaseholder in occupying the Suitable Alternative Accommodation | |
a change in the [Initial Refurbishment Works] [Works and/or] Services [Authority Protocols][Authority Policies] requested by the Authority which the Contractor is obliged to implement under Clause 53 (Authority and Contractor Changes) [of the Project Agreement] | |
one of the following events: a) an expropriation, sequestration or requisition of a material part of the Assets and/or shares of the Contractor by the Authority or other Relevant Authority; b) a failure by the Authority to make payment of any amount of money exceeding £[INSERT AMOUNT] (indexed) that is due and payable by the Authority under this Agreement within [twenty (20)] Working Days of service of a formal written demand by the Contractor, where the amount fell due and payable [two (2)] (or more) months prior to the date of service of the written demand; c) a breach by the Authority of its obligations under this Agreement which substantially frustrates or renders it impossible for the Contractor to perform its obligations under this Agreement for a continuous period of [two] months; or d) a breach by the Authority of clause 63.1 (Restrictions on Transfer of the Agreement by the Authority) [of the Project Agreement] | |
the policies of the Authority referred to in Schedule 12 (Authority's Policies) [of the Project Agreement] | |
in relation to any Dwelling before the date of issue of a Certificate of Availability (Full Standard) for that Dwelling that the Property Management Standards for a Dwelling at the Availability Standard (Initial) are satisfied; or upon or after the date of issue of a Certificate of Availability (Full Standard) that the Property Management Standards for a Dwelling at the Availability Standard (Full) are satisfied. "Unavailable", "Availability" and "Unavailability" shall be construed accordingly and "Unavailability" shall include events of "Repeated Unavailability" and "Consequential Unavailability". | |
the requirements in the first column of [Part] [Annex] 1 of the Property Management Standards Table | |
each or all of the Availability Standards Rented (Initial), Availability Standards Leasehold (Initial), [Availability Standards Rented (Interim)], Availability Standards Rented (Full) and Availability Standards Leasehold (Full); | |
when the context so admits both or together the Availability Standards Rented (Full) and the Availability Standards Leasehold (Full) | |
when the context so admits both or together the Availability Standards Rented (Initial) and the Availability Standards Leasehold (Initial) | |
the full standards applicable to Leasehold Dwellings set out as Service Level Requirements with "A" or "%" against them in the column headed "Full Leasehold Standard" in the Property Management Standards Table | |
the initial standards applicable to Leasehold Dwellings set out in the Availability Certification Requirement with "Y" against them in the column headed "Initial Standard" of the Property Management Standards Table; | |
the full standards applicable to Rented Dwellings set out as Service Level Requirements with "A" or "%" against them in the column headed "Full Tenanted Standard" in the Property Management Standards Table; | |
the initial standards applicable to Rented Dwellings set out in the Availability Certification Requirements with "Y" against them in the column headed "Initial Tenanted Standard" of the Property Management Standards Table; | |
the interim standards applicable to the Rented Dwellings set out in [ ] of the Property Management Standards Table] | |
a [Certificate of Availability Rented (Interim Standard) or a] Certificate of Availability Rented (Full Standard) or a Certificate of Availability Leasehold (Full Standard) as the case may be; | |
where the context so admits both or together the Certificate of Availability Rented (Full Standard) and Certificate of Availability Leasehold (Full Standard) | |
a certificate [issued by the Independent Certifier in accordance with the Independent Certifier's Deed of Appointment] stating the satisfaction, in relation to any Leasehold Dwelling referred to in the certificate, of the Availability Certification Requirements for the Availability Leasehold Standards (Full) with the Availability Standards Leasehold (Full) applying from the first day of the month following certification; | |
a certificate [issued by the Independent Certifier in accordance with the Independent Certifier's Deed of Appointment] stating the satisfaction, in relation to any Rented Dwelling referred to in the certificate, of the Availability Certification Requirements for the Availability Standards Rented (Full) with the Availability Standards Rented (Full) applying from the first day of the month following certification; | |
a certificate [issued by the Independent Certifier in accordance with the Independent Certifier's Deed of Appointment] stating the satisfaction, in relation to any Rented Dwelling referred to in that certificate, of the Availability Certification Requirements for the Availability Standards Rented (Interim);] | |
in respect of each Dwelling is the amount of Compensation due to the Contractor as a consequence of a CNDT as calculated in accordance with Clause 28.6 (Charges to Number of Dwellings by Tenure) [of the Project Agreement]. | |
date of the Agreement | |
the deeming of a Dwelling (which is otherwise Available) to be Unavailable because the occupation of that Dwelling is hindered through and/or the occupation of that Dwelling is not reasonably practical due to the Unavailability of a Facility which supplies or services the Dwelling, regardless of whether it is directly associated to that Dwelling and the expression "Consequential Unavailability" shall be construed accordingly | |
any month in a Contract Year provided that: a) the first Contract Month shall commence on the Commencement Date and end on the last day of the month in which the Commencement Date occurs; and b) the last Contract Month shall begin on the first day of the month in which the last day of the Contract Period occurs and end on that day. | |
the period from and including the Commencement Date to the Expiry Date, or if earlier, the Termination Date | |
a period of twelve (12) months commencing on 1 April, provided that: (a) the first Contract Year shall be the period commencing on the Commencement Date and ending on the immediately following 31 March; and (b) the final Contract Year shall be the period commencing on 1 April immediately preceding the last day of the Contract Period and ending on that day; | |
the works relating to the maintenance of and replacement of elements of the Dwellings or Properties required to satisfy the Output Specification; | |
"Decant" | to carry out the removal of a Tenant from a Dwelling into Suitable Alternative Accommodation followed by the option for that Tenant to return to the same Dwelling as a result of carrying out the Works or by Services and the expressions "Decanting" and "Decanted" shall be construed accordingly |
[a Decant Protocol may be required. A specimen is contained in Appendix 1C [of the Project Agreement] which can be adapted for specific projects] | |
where the context so admits either or both Unavailability Deductions and/or Performance Deductions | |
"Defect" | any defect in any Dwelling or Property, or any part of them, attributable to:- a) defective design; b) defective workmanship or defective materials, plant or machinery used in the construction of such building(s) having regard to Good Industry Practice and to applicable British standards and codes of practice current at the date of construction of the building comprising the relevant Property or part thereof; c) defective installation of anything in or on a Dwelling or Property having regard to Good Industry Practice and to applicable British standards and codes of practice current at the date of such installation; d) defective preparation of the site on which a Dwelling or Property is constructed; or e) adverse ground conditions at the site on which a Dwelling or Property is constructed except |
the service of any Disrepair Notice or the commencement of any other action by a Tenant, Leaseholder or other legal occupier of a Dwelling in relation to or as a consequence of the disrepair of a Dwelling whether under the terms of a Tenancy Agreement or Leaseholder Lease or otherwise | |
in relation to actions, claims, demands, costs, damages, compensation, expenses (including legal expenses), fines and penalties due in connection with Disrepair Actions, the date which is the earlier of:- a) the date which is [one] year after the Services Commencement Date;1 b) the date upon which a Dwelling has reached the Availability Standards Rented (Full), Availability Standards Rented (Interim) or the Availability Standards Leasehold (Full) (as appropriate) where the relevant Disrepair Action relates to work undertaken, or which should (in accordance with this Agreement) have been undertaken by the Contractor prior to the achievement by the relevant property of the Availability Standards Rented (Full), Availability Standards Rented (Interim) or Availability Standards Leasehold (Full) (as appropriate) | |
any [report made or]2 notice served and/or any other action taken (whether by way of claim or counterclaim) by a Tenant, Leaseholder or other legal occupier of a Dwelling under Section 82 of the Environmental Protection Act 1990, Section 11 Landlord and Tenant Act 1985 the Defective Premises Act 1972, the Occupiers Liability Act 1957 or any other Legislation or under the common law; | |
the flats or houses listed by address in Appendix 2 (List of Dwellings) [of the Project Agreement] (but excluding any Dwelling in respect of which the freehold interest in that Dwelling has been disposed of); | |
an event causing or, in the reasonable opinion of a party, threatening to cause death or injury to any individual, or serious disruption to the lives of a number of people or extensive damage to property, or contamination of the environment, in each case on a scale beyond the capacity of the emergency services or preventing the Services operating under normal circumstances and requiring the mobilisation and organisation of the emergency services | |
to the extent that such impacts upon the Availability of a Dwelling and/or the performance of the Services any of:- a) an Authority Default; b) Compensation Event; c) the implementation of an Authority Change, a Small Works Change or a Contractor Change; d) an Emergency (which is not a breach of the Obligations of the Contractor under this Agreement); e) the carrying out of Cyclical Maintenance and Replacement Work; [f) the carrying out of Works or Services to remedy any matters that are the subject of a Disrepair Action prior to the Disrepair Action Cut Off Date]; g) an event of Tenant and Third Party Damage provided the Contractor has complied with the Tenant and Third Party Damage Protocol; h) unforeseen ground conditions or a Defect being revealed or asbestos or Contamination being found for which the Authority is responsible under this Agreement; i) as a result of the Contractor acting in accordance with a written instruction of the Authority issued in accordance with this Agreement; j) the occurrence of a Refurbishment Works or Services Denial Event; k) when Suitable Alternative Accommodation has been secured for the Tenant or Leaseholder by the Contractor | |
31 March 20[ ] | |
"Facility" | any communal lift, corridor, call entry system, smoke detector and fire alarm system, utility systems and facilities that directly supply or service, but are not directly associated with the Dwellings. |
for each Leasehold Dwelling the amount calculated in accordance with paragraph 2.7 for each Contract Year | |
for each Rented Dwelling the amount calculated in accordance with paragraph 2.7 for each Contract Year | |
in respect of a relevant Contract Year the aggregate of the Full Rented Dwelling Charges and Full Annual Leasehold Dwelling Charges for all Dwellings | |
£[x] per annum in respect of each Leasehold Dwelling | |
£[x] per annum in respect of each Rented Dwelling | |
the amount calculated in accordance with paragraph 2.5 | |
means the deduction for Contract Month (n) calculated in accordance with paragraph 3.25 | |
means the minimum [£xx] daily deduction for each property for Contract Month (n) calculated in accordance with paragraph 3.25 | |
that degree of skill, care, prudence and foresight and operating practice which would reasonably and ordinarily be expected from time to time of a skilled and experienced contractor (engaged in the same type of undertaking as that of the Contractor) or facilities management contractor or building contractor or any sub-contractor under the same or similar circumstances | |
has the meaning given to it in paragraph 2.3 | |
"Helpdesk" | the telephone and email service provided by the Contractor to be available 24 hours a day 365 days a year in accordance with the Output Specification. |
the person appointed jointly by the Authority and the Contractor [and Senior Lender] to act as independent certifier to the Project in accordance with the Independent Certifier's Deed of Appointment | |
the deed of appointment of the Independent Certifier in the Agreed Form | |
that part of the Unitary Charge indexed in accordance with paragraphs 2.6 or 2.7 | |
for each Leasehold Dwelling the amount calculated in accordance with paragraph 2.6 for each Contract Year | |
for each Rented Dwelling the amount calculated in accordance with paragraph 2.6 for each Contract Year | |
in respect of a relevant Contract Year the aggregate of the Initial Annual Rented Dwelling Charges and Initial Annual Leasehold Dwelling Charges for all Dwellings; | |
the aggregate of the Full Base Rented Dwelling Charges and Full Base Leasehold Dwelling Charges for all Dwellings | |
£[x] for each Leasehold Dwelling | |
£[x] for each Rented Dwelling | |
the amount calculated in accordance with paragraph 2.4 | |
the deduction for the Contract Month (n) calculated in accordance with paragraph 3.24 | |
the minimum daily [£xx] deduction for each property in the Contract Month (n) calculated in accordance with paragraph 3.24 | |
the requirements set out in Part VII in respect of which the performance of the Contractor is measured for each part of the Service. | |
any monies recovered by way of Service Charges from Leaseholders, pursuant to the terms of Leaseholder Lease | |
[X] | |
[X] | |
in respect of a Monthly Key Performance Indicator, a Month; and in respect of a Quarterly Performance Indicator, a Quarter | |
is contained in the last column of [Part] [Annex] 2 of the Output Specification | |
those of the Key Performance Indicators which are measured monthly | |
the ratio calculated in accordance with paragraph 4.10 | |
the aggregate of Sub-Standard Performance points accumulated from any Sub-Standard Performance recorded for each Key Performance Indicator. | |
the sums payable by the Authority to the Contractor for Contract Month (n) calculated in accordance with paragraph 2.2 | |
has the meaning given to it in paragraph 2.2 | |
the output specification for the Works and Services (comprising Part 1 Property Management Standards Table and Part 2 Service Performance Standards Table) contained in Schedule 1 (Output Specification) [of the Project Agreement] | |
any of the following categories of costs, which occur in Contract Month (n) i) any home loss or disturbance payments due to any Tenant pursuant to Housing Act 1985 as a result of carrying out Works ii) the cost of Small Works payable by the Authority in accordance with clause 53 [of the Project Agreement] iii) [any Qualifying Costs under the Tenant and Third Party Damage Protocol] iv) [any adaptations undertaken to any Dwelling to assist any Tenant with special needs] v) any costs agreed by both the Authority and the Contractor in writing prior to such costs being incurred. | |
those performance categories listed in the Tables in Part VII | |
where the context so admits Monthly Performance Deductions and/or Quarterly Performance Deductions | |
a report relating to the performance of the services provided in accordance with paragraph 4.18 | |
the ratchet factor to be applied to each Key Performance Indicator determined in accordance with paragraph 4.15 | |
a timetable for the delivery of Performance Reports by the Contractor to the Authority as shall be determined by the Authority for each Contract Year, and requiring, in the case of the Performance Report that it will be submitted by this [] day of a Contract Month in respect of the Contract Month [2 months] [inadequately] before the Contract Month | |
those standards for the Dwellings contained in the Property Management Standards Table | |
the table relating to the property management standards for the Dwellings contained in [Part 1] [Annex 1] of the Output Specification | |
"Quarter" | a consecutive period of three months ending on 30 June, 30 September, 31 December or 31 March |
those of the Key Performance Indicators which are measured quarterly | |
the ratio calculated in accordance with paragraph 4.9 | |
the aggregate of Sub-Standard Performance points accumulated from any Sub-Standard Performance recorded for each Key Performance Indicator. | |
the period for rectification of Unavailability set out in [Part] [Annex] 1 of the Output Specification | |
the act of rectifying the breach which caused the Unavailability of the Dwelling, with the result of bringing the Dwelling back to a standard which meets the Dwelling Available | |
means any of:- c) Tenant Waiver of Works Event; d) the exercise by any Relevant Authority of powers preventing the Contractor from gaining access to any relevant Dwelling, to which the Contractor requires access for the purpose of performing its obligations under this Contract; or e) any other circumstances which may, in the discretion of the Authority, be agreed with the Contractor | |
where the Contractor has followed the procedure contained in the Decant Protocol [and Access Protocol], either:- a) a Tenant refusing to be Decanted; or b) a Tenant being unable to be Decanted due to his or her frail or elderly condition to enable the [Initial Refurbishment Works] [Works] [or Services] to be carried out and there is "No Access" for the purposes of the Decant and Access Protocols; | |
any court with the relevant jurisdiction and any local, national or supra-national agency, inspectorate, minister, ministry, official or public or statutory person of the government of the United Kingdom or of the European Union | |
all Dwellings other than Leasehold Dwellings; | |
for each Dwelling, a period of 30 consecutive days applying to a Dwelling or Facility commencing after Unavailability in relation to that Dwelling has been rectified. | |
Unavailability that: remains unrectified (after the expiry the Relevant Rectification Period) over consecutive days and/or has previously been rectified but becomes Unavailable for the same event that breaches the relevant Availability Standard within the Repeated Unavailability Cycle and "Repeatedly Unavailable" or "Repeated Unavailability" shall be construed accordingly | |
any failure to report Unavailability Repeated Unavailability or Sub-Standard Performance | |
any deduction permitted by paragraph 5.1 | |
"Retail Prices Index" or "RPI" | the Retail Price Index (all items excluding mortgage interest payments) as published in the Monthly Digest of Statistics by the Office of National Statistics |
the right conferred on a tenant by Part V of the Housing Act 1985 to buy a Dwelling; | |
the right conferred on the tenants of the Dwellings by Section 27AB of the Housing Act 1985 to require that the Authority enters into a management agreement with a tenant management organisation; | |
[ ] | |
the requirements in the first column of [Part] [Annex] 2 of the Property Management Standards Table | |
"Services" | the services required to be performed by the Contractor to satisfy the Output Specification |
a change to the number of Rented Dwellings or Leasehold Dwellings in the project as a consequence of the exercise of the Right to Buy or Right to Manage (unless the Authority elects to treat such as an Authority Change) or of any other statutory right to purchase or acquire the freehold interest or leasehold interest of a Dwelling (including any right conferred by the Leasehold Reform and Urban Regeneration Act 1993) | |
the stock condition survey of the Dwellings and/or Properties carried out by the Stock Condition Surveyor in accordance with the Stock Condition Surveyor's Appointment; | |
[INSERT NAME] of [INSERT ADDRESS] | |
the appointment dated [INSERT DATE] between [INSERT PARTIES] pursuant to which Stock Condition Surveyor carried out the Stock Condition Survey | |
any failure to meet the Target Performance in respect of any Key Performance Indicator. | |
the amount levied for any failure to meet the Target Performance in respect of any Key Performance Indicator | |
any suitable, equivalent, alternative housing accommodation to be provided as substitute for an Unavailable Dwelling which meets the relevant Availability Standards (Full) under this contract, is located within [X] kilometres from the Unavailable Dwelling, and is considered suitable (and equivalent) with regard to the particular circumstances of the Tenant or Leaseholder, including consideration of the number of bedrooms. | |
any tenancy agreement (whether in writing or otherwise) between the Authority and a tenant of a Rented Dwelling; | |
[a Tenant and Third Party Damage Protocol may be required. A specimen is contained in Appendix 1 [of the Project Agreement] which can be adapted for specific projects] | |
any damage wilfully, intentionally or negligently caused to a Dwelling by a Tenant of that Dwelling, a member of his household or by a person invited into the Dwelling but excluding any damage arising from fair wear and tear or damage arising from a failure to comply with the Contractor's obligations under this Agreement | |
a waiver provided by a Tenant in accordance with the Tenant Waiver Protocol | |
[a Tenant Waiver Protocol may be required. A specimen is contained in Appendix 1B [of the Project Agreement] which can be adapted for specific projects] | |
the date of early termination of this Agreement in accordance with its terms | |
any damage caused to a Dwelling or Property by a Tenant or third party save to the extent such damage constitutes Tenant Damage | |
has the meaning given to it in paragraph 2.2 | |
has the meaning given to it in paragraph 4.12 | |
has the meaning given to it in paragraph 4.13 | |
a Dwelling is not Available or is Consequentially Unavailable and "Unavailability" shall be construed accordingly | |
a Dwelling which is Unavailable but still occupied by the Tenant or Leaseholder | |
the ratchet factor determined in accordance with paragraphs 3.25 | |
where the context so admits either or both of Initial Unavailability Deductions and/or Full Unavailability Deductions | |
the proportion of any availability deduction to be applied in respect of each Availability Standard as specified in the Availability Standards | |
report relating to Unavailability provided in accordance with paragraph 3.31 | |
the period commencing upon the date of notification of Availability in accordance with paragraph 3.2 until the date of self certification by the Contractor of Availability in accordance with paragraph 3.6 | |
a timetable for the delivery of Unavailability Reports by the Contractor to the Authority as shall be determined by the Authority for each Contract Year, and requiring, in the case of the Unavailability Report that it will be submitted by this [ ] day of a Contract Month in respect of the Contract Month [2 months] [inadequately] before the Contract Month | |
the fee payable by the Authority under Clause 33 (Payment Provisions) [and calculated in accordance with paragraph 2 of Schedule 4 (Payment Mechanism)] [of the Project Agreement] | |
a charge to the member of Rented Dwellings or Leasehold Dwellings in the Project as a consequence of the Authority withdrawing a Dwelling from the Project or changing the tenure of a Dwelling where expressly permitted to do so by the provisions of this Agreement | |
"Works" | all of the works (including design and works necessary for obtaining access to the [Project Sites] Dwellings or Properties to be undertaken in accordance with this Agreement to satisfy the Output Specification; |
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1 alternatively the "cut off" could be linked to the period for achieving the Availability Standards (Initial).
2 Depends upon when the line drawn for the transfer of responsibility i.e. service of a notice or the Authority being put on notice of disrepair.