Regulation 14 Requirement to refer to rent officersC1

Subject to the following provisions of this regulation, a relevant authority shall apply to a rent officer for a determination to be made in pursuance of the Housing Act functions where—

An application shall not be required under paragraph (1) where a claim, relevant information regarding a claim, notification or request relates to either—

The provision of information to the rent officer in accordance with regulation 114A(5) shall be treated as an application to the rent officer under paragraph (1).

Where a relevant authority receives a request pursuant to paragraph (1)(e) (request from prospective occupier) and it is a case where, by reason of paragraph (2) (hostels or excluded tenancies), an application to a rent officer is not required, the authority shall—

Where an application to a rent officer is required by paragraph (1) it shall be made within 3 days, or as soon as practicable after that date, of—

except that, in the case of a request to which paragraph (1)(e) (request from prospective occupier) applies, the application shall be made within 2 days of the receipt of that request by the authority.

In calculating any period of days mentioned in paragraphs (4) or (5), no regard shall be had to a day on which the offices of the relevant authority are closed for the purposes of receiving or determining claims.

For the purpose of this regulation a dwelling in a hostel shall be regarded as similar to another dwelling in that hostel if each dwelling provides sleeping accommodation for the same number of persons.

In this regulation—

• “change relating to a rent allowance” means a change or increase to which paragraph 2(3)(a), (b), (c)F5, (d), F6(f)F7, (g) or (h) of Schedule 2 applies;

• “prospective occupier” shall include a person currently in receipt of housing benefit in respect of a dwelling which he occupies as his home and who is contemplating entering into a new agreement to occupy that dwelling, but only where his current agreement commenced 11 months or more before the request under paragraph (1)(e);

• “specified matters” means—

  1. (a)

     the signature of the prospective occupier;

  2. (b)

     the signature of the person to whom the prospective occupier would incur liability to make such payments;

  3. (c)

     a statement that the person in paragraph (b) agrees to the application being made for that determination; and

  4. (d)

     an indication that the prospective occupier is contemplating occupying the dwelling as his home and that if he does so, he is likely to claim housing benefit;

• “tenancy” includes—

  1. (a)

     in Scotland, any other right of occupancy; and

  2. (b)

     in any other case, a licence to occupy premises,

  and reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly;

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