Note 5. Certain services are not coverable even under a Home and Community Based waiver and are not TENNderCare services. These services include room and board, and special education and related services which are otherwise available through a Local Education Agency. (See Section 1915(c)(5).)
Note 5. All Areas Except Duluth and Virginia-Hibbing
Note 5. The parties agree that opting out shall be the salaried employee’s own decision and therefore may not be conditional in relation to benefits in employment beyond what is governed by this agreement. Also, the employer may not in any other way generally assume individual opt-outs at the company.
Note 5. In the application of the working days vacation provisions the company will have the option of:
Note 5. The First Schedule—Clause 4—The War Service Homes Act 1918 now cited as Defence Service Homes Xxx 0000.
Note 5. HARDWARE NOTES -------------------------------------------------------------------------------
Note 5. 4: The landlord is also under a duty at common law to inspect the common parts at the commencement of the tenancy to see that, at the very least, no foreseeable danger to the tenant or user of the common parts exists (which is not obvious) as the subjects must be reasonably fit for the purposes for which they were let and in this Agreement, the subjects include the common parts: Xxxxxxx XX,0,00 (e.g. Mellon x. Xxxxxxxxx 0000 XX 0000, Xxxxxxxxx x. Xxxxxxx District Council 1980 SLT 50, Xxxxxx Tutrix v. Glasgow District Council 1982 SLT (Sh Ct) 70). This is now expressed in sch 4(2)(a) of the 2001 Act. The third sentence reflects the provisions of Sch 10(3)(1B) to the 1987 Act. The fourth sentence is optional. In lets of urban houses, the legal position regarding repair of fences, etc., is not entirely clear. The Local Government Ombudsman receives many complaints about such matters. Fences, etc., are not included in the definition of common parts in clause 1.11. It is recommended that the optional clause is used or some other formulation which makes the position clear. Maintenance of lighting in the common stair is probably the landlord’s common law obligation as are secure door entry systems (on the principles noted above in relation to the common parts). In any event, it is suggested that as a matter of good practice, such matters ought to be the landlords responsibility even if the cost of doing so is made a service charge. It should be noted that in respect of the common parts, the landlord has a duty to keep in repair and proper working order, installations in the common parts for the supply of water, gas and electricity and for sanitation, but not fixtures, fittings and appliances for making use of utilities (Sch 10 (3)(1) read with Sch (3)(5) to the Act). There is, however, no such duty of works or repairs unless the disrepair, etc., is such as to affect the tenant’s ‘enjoyment’ of the house or common parts (Sch 10 (3)(1A),(1B),(1C)). The fifth sentence is contractual. There is no common law duty implied into a tenancy agreement on a landlord to inspect the house during the course of the tenancy (Hampton x. Xxxxxxxx and Xxxxx (1899) I F 501; Xxxxxx x. Edinburgh District Council 1981 SLT 253) unless it has reason to suspect disrepair. But the position may be different in respect of those parts of the common parts which are solely under the control of the landlord (for example, a locked attic space to which only the landlord has the key) or to which the...
Note 5. 7: This clause reflects the terms of Sch 4(5) and (6) of the 2001 Act. Its predecessor, Schedule 10(1)(4) to the 1987 Act, was considered in Xxxx v. Scottish Homes 1995 SCLR 209 (a condensation dampness case). It was held that a court, when assessing whether a house is habitable, may have regard to the regulations which were in force for the construction of new buildings at the commencement of the tenancy, even though the house may have been built before the regulations came into force. The court, of course, would be entitled to have regard to other matters, including the age of the building. Although the Xxxx case focused on those regulations which were in force at the commencement of the tenancy, it may be that, in relation to disrepair occurring during the tenancy, the relevant regulations would be those in force at the date of the disrepair. The effect of the section is not to impose a requirement on landlords to upgrade the house each time the regulations change: rather, the duty is to ‘have regard’ to them in assessing their repair responsibilities. See also Xxx
