The Rent Officers (Additional Functions) (Amendment) Order 1991

• Citation: S.I. 1991/426
• Sections: 3

Section 1

This Order may be cited as the Rent Officers (Additional Functions) (Amendment) Order 1991 and shall come into force on 1st April 1991.

Section 2

The Rent Officers (Additional Functions) Order 1990 is amended as follows–

(1) in article 5(2), for sub-paragraphs (a) and (b) of paragraph (2) substitute–

(a) either–

(i) a determination under section 22 of the Housing Act 1988 has taken effect in relation to the tenancy, or

(ii) within the period of 12 months ending on the date the application for a determination (or, as the case may be, a redetermination) was received, a determination under section 14 or 22 of that Act took effect (or would have taken effect but for the agreement of the landlord and tenant) in relation to the tenancy or a tenancy of the same dwelling on terms which were substantially the same (disregarding the terms relating to the amount of rent) as the terms of the tenancy were on that date, or

(iii) within the period mentioned in sub-paragraph (ii), an application was made under the said section 22 in relation to such a tenancy as is referred to in that sub-paragraph and a determination was precluded by subsection (3)(b) of that section, and

(b) there has been no substantial change in the condition of the dwelling (including the making of improvements) or in the terms of the tenancy, other than relating to the amount of the rent, within that period.

(2) At the end of paragraph 3(2) of Schedule 1 insert “or the provision of services to which any service charge for fuel relates”.

(3) At the end of paragraph 7(2) of Schedule 1 insert “or, where the rent assessment committee has not made a determination, the rent payable under the tenancy when the application to the rent assessment committee was made”.

Section 3

(1) The amendments made by this Order do not have effect in a case where an application is made for a re-determination in relation to a determination made before this Order comes into force.

(2) In paragraph (1), “redetermination” and “determination” have the same meaning as in the Order referred to in article 2.