The Rent Officers (Additional Functions) (Amendment) Order 1996

• Citation: S.I. 1996/959
• Sections: 7

Section 1 Citation and commencement

This Order may be cited as the Rent Officers (Additional Functions) (Amendment) Order 1996 and shall come into force on 7th October 1996.

Section 2 Amendments

The Rent Officers (Additional Functions) Order 1995 is amended in accordance with the following articles.

Section 3 Exceptions

At the end of article 5 (exceptions) add—

(4) No determination shall be made under paragraph 4A in Part 1 of Schedule 1 unless the local authority states in the application that the claimant is, or may be, a young individual (which has the same meaning as in of the 1987 Regulations).

Section 4 Single room rents determinations

After paragraph 4 in Part 1 of Schedule 1 (determinations) insert—

Single room rents

(4A)

(1) The rent officer shall determine a single room rent in accordance with the following formula—

where—

S is the single room rent;

H is the highest rent, in the rent officer’s opinion,—

which a landlord might reasonably have been expected to obtain, at the relevant time, for an assured tenancy of a dwelling which meets the criteria in sub-paragraph (2); and

which is not an exceptionally high rent; and

L is the lowest rent, in the rent officer’s opinion, —

which a landlord might reasonably have been expected to obtain, at the relevant time, for an assured tenancy of a dwelling which meets the criteria in sub-paragraph (2); and

which is not an exceptionally low rent.

(2) The criteria are—

(a) that the dwelling under the assured tenancy is in the same locality as the dwelling and is in a reasonable state of repair;

(b) that, under the assured tenancy, the tenant—

(i) has the exclusive use of one bedroom;

(ii) does not have the use of any other bedroom or room suitable for living in;

(iii) shares the use of a toilet; and

(iv) shares a kitchen or has no use of a kitchen; and

(c) that the rent does not include any payment for board and attendance.

(3) Sub-paragraphs (3) and (4) of paragraph 4 apply when ascertaining H and L under this paragraph as if the reference in those sub-paragraphs to H and L were to H and L under this paragraph.

Section 5 Assumptions etc.

In paragraph 7(2) in Part 2 of Schedule 1 (assumptions etc.) for “or or where” substitute “or where”.

Section 6 Notifications

For paragraph 8(2) in Part 3 of Schedule 1 (notification of Part 1 determinations) substitute—

(2) If the rent officer determines a rent under—

(a) paragraph 4 (local reference rents); or

(b) paragraph 4A (single room rents);

which is equal to or more than the rent payable for the tenancy, the rent officer shall give notice to the local authority of this in place of giving notice of the determination made under paragraph 4 or, as the case may be, paragraph 4A (and sub-paragraphs (1) and (3) shall apply to such a notice as they apply to determinations).

Section 7 Application

This Order does not have effect in a case where an application for a determination is made before the date on which this Order comes into force.