Paragraph 2 Size and rentI1

Northern Ireland

(1)

The Executive shall decide whether the dwelling, at the relevant time, exceeds the size criteria for the occupiers.

(2)

If the Executive decides that the dwelling exceeds the size criteria, the Executive shall also decide the rent which a landlord might reasonably have been expected to obtain, at the relevant time, for a tenancy which is—

(a)

similar to the tenancy of the dwelling;

(b)

on the same terms other than the term relating to the amount of rent; and

(c)

of a dwelling which is in the same locality as the dwelling, but which—

(i)

accords with the size criteria for the occupiers;

(ii)

is in a reasonable state of repair, and

(iii)

corresponds in other respects, in the Executive’s opinion, as closely as is reasonably practicable to the dwelling.

(3)

When making a decision under sub-paragraph (2), the Executive shall have regard to the same matter and make the same assumption as specified in paragraph 1(3), except that in judging the similarity of other tenancies and dwellings the comparison shall be with the tenancy of the second dwelling referred to in sub-paragraph (2) and shall assume that no one who would have been entitled to housing benefit had sought or is seeking that tenancy.

Annotations

Commencement

I1: Sch. 2 para. 2 in operation at 20.11.2006, see reg. 1(1)