Paragraph 1 Rent determinations

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch.1, para 2A(1) amended by Rent Officers (Additional Functions) 1994 art.4(a)
Sch.1, para 2A(2) (defn of registration area) revoked by Rent Officers (Additional Functions) 1994 art.4(b)
Sch.1, para 2A(3) substituted by Rent Officers (Additional Functions) 1994 art.4(c)
Sch.1, para 4 revoked by Rent Officers (Additional Functions) 1994 art.4(d)
Sch.1, para 2A added by Rent Officers (Additional Functions) 1994 art.2(b)(i)
Sch.1, para 3(1)(2) amended by Rent Officers (Additional Functions) 1994 art.2(b)(ii)(iii)(iv)
Sch.1, para 5 amended by Rent Officers (Additional Functions) 1994 art.2(b)(ii)(iii)(iv)

(1)

The rent officer shall determine whether, in his opinion, the rent payable under the tenancy of the dwelling at the relevant time is significantly higher than the rent which the landlord might reasonably have been 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 one who would have been entitled to housing benefit had sought or is seeking the tenancy.

(2)

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 have been expected to obtain under the tenancy at the relevant time, having regard to the same matter and on the same assumption as in sub-paragraph (1).