{
  "url": "https://openlegislation.uk/rent-officers-housing-benefit-functions-order-1997/schedule-1/paragraph-11",
  "json_url": "https://openlegislation.uk/rent-officers-housing-benefit-functions-order-1997/schedule-1/paragraph-11.json",
  "legislation": "uksi/1997/1984",
  "legislation_title": "The Rent Officers (Housing Benefit Functions) Order 1997",
  "legislation_url": "https://openlegislation.uk/rent-officers-housing-benefit-functions-order-1997",
  "path": "schedule/1/paragraph/11",
  "kind": "paragraph",
  "number": "11",
  "heading": null,
  "text": "(1) The rent officer shall determine the indicative rent level for each category described in sub-paragraph (3) in accordance with the following formula—\nI=H+3L4where—I is the indicative rent level;\nH is the highest rent, in the rent officer’s opinion,—\n(a) which a landlord might reasonably be expected to obtain at the time the determination is being made for an assured tenancy of a dwelling in England, or an occupation contract of a dwelling in Wales, meeting the criteria in sub-paragraph (2); and\n(b) which is not an exceptionally high rent; and\nL is the lowest rent, in the rent officer’s opinion,—\n(a) which a landlord might reasonably be expected to obtain at the time the determination is being made for an assured tenancy of a dwelling in England, or an occupation contract of a dwelling in Wales, meeting the criteria in sub-paragraph (2); and\n(b) which is not an exceptionally low rent.\n(2) The criteria are that—\n(a) the dwelling is in the area of the local authority;\n(b) the dwelling is in a reasonable state of repair; and\n(c) the dwelling and tenancy accord with the category to which the determination relates.\n(3) The categories for the purposes of this paragraph are—\n(a) a dwelling where the tenant does not have use of more than one room where a substantial part of the rent under the tenancy is fairly attributable to board and attendance;\n(b) a dwelling where the tenant does not have use of more than one room, the tenancy provides for him to share a kitchen or toilet and paragraph (a) does not apply;\n(c) a dwelling where the tenant does not have use of more than one room and where paragraphs (a) and (b) do not apply;\n(d) a dwelling where the tenant does not have use of more than two rooms and where none of paragraphs (a) to (c) applies;\n(e) a dwelling where the tenant does not have use of more than three rooms and where none of paragraphs (a) to (d) applies;\n(f) a dwelling where the tenant does not have use of more than four rooms and where none of paragraphs (a) to (e) applies;\n(g) a dwelling where the tenant does not have use of more than five rooms and where none of paragraphs (a) to (f) applies; and\n(h) a dwelling where the tenant does not have use of more than six rooms and where none of paragraphs (a) to (g) applies.\n(4) When ascertaining H and L under sub-paragraph (1), the rent officer:\n(a) shall assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and\n(b) shall exclude the amount of any rent which, in the rent officer’s opinion, is fairly attributable to the provision of services which are ineligible to be met by housing benefit; ...\n(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) In this paragraph—\n“room\" means a bedroom or room suitable for living in and in paragraphs (a), (b) and (c) of sub-paragraph (3) does not include a room which the tenant shares with any person other than—\n(a)a member of his household;\n(b)a non-dependant of the tenant (within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations); or\n(c)a person who pays rent to the tenant; and\n“services\" has the meaning given by paragraph 4(5).",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 1 para. 11(1) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 17(b)(xvii)(aa)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 1 para. 11(1) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 17(b)(xvii)(bb)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Sch. 1 para. 11(4)(c) and word omitted (1.4.2003 for specified purposes, 7.4.2003 for specified purposes) by virtue of Rent Officers (Housing Benefit Functions) Amendment Order 2003 (S.I. 2003/478), arts. 1(1), 2(4)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 1 para. 11(5)(b) substituted (7.4.2008) by Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 10(7)(b) (with art. 2)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 1 para. 11(5)(b) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 11(10)(c) (with regs. 2, 3, Sch. 3, 4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/1984/schedule/1/paragraph/11",
    "retrieved_at": "2026-10-29T11:58:21.166385+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}