Regulation 9 Amendment of Schedule 1A to the Principal Regulations

Schedule 1A to the Principal Regulations shall be amended in accordance with the following paragraphs.

For paragraph 3 there shall be substituted—

“3

(1)

This paragraph applies where the landlord is a registered housing association, none of the other paragraphs of this Schedule apply, and the local authority consider that either

(a)

the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependants of his and any person paying rent to him); or

(b)

the rent payable for that dwelling is unreasonably high.

(2)

Where this paragraph applies, the authority shall state in the application for a determination that the circumstances set out in sub-paragraph (1) above exist.”.

In paragraph 12^f1 there shall be added, at the end, the phrase—

“and, in the case of a determination by a rent officer pursuant to a request for such a determination under regulation 12A(1)(c), any reference to a “tenancy” shall be taken as a reference to a prospective tenancy and any reference to an “occupier” or any person “occupying” a dwelling shall, in the case of such a determination, be taken to be a reference to a potential occupier or potential occupation of that dwelling.”.