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Article 7 Rent Officers' determinations

Original text. Later amendments are not shown.

(1)

Where this article applies the deductions referred to in article 1(3) are deductions, from allowances granted in respect of the period beginning on the relevant date and ending on the termination date, calculated in accordance with Schedule 4.

(2)

Subject to article 8, this article applies where–

(a)

an authority applies to a rent officer for a determination in relation to a dwelling under the Rent Officers Order; and

(b)

the officer makes a determination under that Order.

(3)

Except where paragraph (4) applies, and subject to article 8, this article applies where an authority could have applied for a determination in relation to a dwelling during the relevant year under Schedule 1 to the Rent Officers Order which a rent officer would have been required to make but the authority fails to apply for the determination.

(4)

Subject to article 8, this article applies where an authority makes an application to a rent officer for a determination in a pre-commencement case under regulation 12A(5)f1 of the Regulations; and for the purposes of calculating the deduction under this article the assumptions made in paragraph (6) of that regulation shall apply.

(5)

This article applies where–

(a)

the dwelling (A) is in a hostel; and

(b)

by virtue of regulation 12A(2) of the Regulations an application for a determination in respect of that dwelling is not required because the dwelling is regarded as similar to another dwelling (B) in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling (B) shall, for the purposes of this article, be treated as if it were a determination in respect of dwelling (A).

(6)

Subject to article 8, this article applies where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of paragraph 1 of Schedule 2 to the Rent Officers Order a new determination is not required in respect of another tenancy of the dwelling, and in such a case the determination made shall, for the purposes of this article, be treated as if it were a determination made in respect of that tenancy.

(7)

Where a determination as to the rent which a landlord might reasonably be expected to obtain in respect of a dwelling is made by a rent assessment committee following a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order, this article shall cease to apply in so far as it relates to a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order from the date on which the committee’s determination takes effect.

Annotations

Footnotes

f1

Regulation 12A was inserted by regulation 5 of S.I. 1990/546.