Article 2 Amendments

(1)

The Rent Officers (Additional Functions) Order 1990^f1 is amended in accordance with the following provisions of this article.

(2)

In article 2(1) for the definition of local authority substitute—

““local authority” has the same meaning as it has in the Social Security Administration Act 1992 in relation to England and in relation to Wales;”^f2.

(3)

At the end of article 2(2) (notices to be in writing) add “, except in a case where the recipient consents, either generally or specifically, to the notice or application being transmitted by electronic means”.

(4)

In paragraph 2A of Schedule 1^f3 (exceptionally high rents)—

(a)

in sub-paragraph (1) for “in the registration area in which the dwelling is situated” substitute—

“of dwellings which—

(a)

are in the same locality as the dwelling (or in as similar a locality as is reasonably practicable), and

(b)

have the same number of bedrooms and other rooms suitable for living in as the dwelling (or, in a case where the dwelling does not accord with the size criteria for the occupiers, the same number of such bedrooms and other rooms as does so accord)”;

(b)

in sub-paragraph (2) omit the definition of registration area;

(c)

for sub-paragraph (3) substitute—

“(3)

If the rent officer determines under sub-paragraph (1) that the rent is exceptionally high, the rent officer shall also determine the highest rent, which is not an exceptionally high rent, which a landlord might reasonably have been expected to obtain at the relevant time (on the assumption that no one who would have been entitled to housing benefit had sought or is seeking the tenancy) for an assured tenancy of a dwelling which—

(a)

is in the same locality as the dwelling,

(b)

has the same number of bedrooms or other rooms suitable for living in as the dwelling (or, in a case where the dwelling does not accord with the size criteria for the occupiers, the same number of such bedrooms and other rooms as does so accord), and

(c)

is in a reasonable state of repair.”; and

(d)

omit paragraph (4).

Annotations

Footnotes

f1: S.I. 1990/428; relevant amending instruments are S.I. 1993/652 and S.I. 1994/568.
f2: 1992 (c. 5); see the definition of local authority in section 191 (which is to be amended by paragraph 94 of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19)).
f3: Paragraph 2A was inserted by S.I. 1994/568.