Paragraph 1 Rent Determinations

The rent officer shall determine whether, in his opinion, the rent payable under the tenancy of the dwelling at the time the application for the determination is made is significantly higher than the rent which the landlord might reasonably be expected to obtain under the tenancy at that time, having regard to the level of rent under similar tenancies of similar dwellings in the locality (or as similar as regards tenancy, dwelling and locality as is reasonably practicable), but on the assumption that no person who would have been entitled to housing benefit had sought or is seeking the tenancy.

If the rent officer determines under sub-paragraph (1) that the rent is significantly higher, the rent officer shall also determine the rent which the landlord might reasonably be expected to obtain under the tenancy at the time the application for a determination is made, having regard to the same matter and on the same assumption as in sub-paragraph (1).