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Paragraph 5 Single room rents

England, Wales and Scotland

(1)

The rent officer shall determine a single room rent in accordance with the following formula—

S=H+L2

where—S is the single room rent;

H is the highest rent, in the rent officer’s opinion,—

(a) which a landlord might reasonably have been expected to obtain, at the relevant time, for an assured tenancy of a dwelling F1in England, or an occupation contract of a dwelling in Wales, which meets the criteria in sub-paragraph (2); and

(b) which is not an exceptionally high rent.

L is the lowest rent, in the rent officer’s opinion,—

(a) which a landlord might reasonably have been expected to obtain, at the relevant time, for an assured tenancy of a dwelling F2in England, or an occupation contract of a dwelling in Wales, which meets the criteria in sub-paragraph (2); and

(b) which is not an exceptionally low rent.

(2)

The criteria are—

(a)

that the dwelling under the assured tenancy F3or occupation contract is in the same F4broad rental market area (local reference rent) as the dwelling and is in a reasonable state of repair;

(b)

that, under the assured tenancy F5or occupation contract, the tenant—

(i)

has the exclusive use of one bedroom;

(ii)

does not have the use of any other bedroom F6...;

F7(iia)

shares the use of a room suitable for living in

(iii)

shares the use of a toilet F8and bathroom; and

(iv)

shares the use of a kitchen and does not have the exclusive use of facilities for cooking food; and

(c)

that the rent does not include any payment for board and attendance.

(3)

Sub-paragraphs F9F10(3) and (5) of paragraph 4 apply when ascertaining H and L under F11F12this paragraph as if the reference in those sub-paragraphs to H and L were to H and L under this paragraph.

Annotations

Textual amendments

F1

Words in Sch. 1 para. 5(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)(ix)(aa)

F2

Words in Sch. 1 para. 5(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)(ix)(bb)

F3

Words in Sch. 1 para. 5(2)(a) 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)(x)

F4

Words in Sch. 1 para. 5(2) substituted (5.1.2009) by Rent Officers (Housing Benefit Functions) Amendment (No.2) Order 2008 (S.I. 2008/3156), arts. 1, 2(3)(b)

F5

Words in Sch. 1 para. 5(2)(b) 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)(xi)

F6

Words in Sch. 1 para. 5(2)(b)(ii) deleted (E.W.) (2.7.2001) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2001 (S.I. 2001/1325), arts. 1(1), 4(a)

F7

Sch. 1 para. 5(2)(b)(iia) inserted (E.W.) (2.7.2001) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2001 (S.I. 2001/1325), arts. 1(1), 4(b)

F8

Words in Sch. 1 para. 5(2)(b)(iii) inserted (E.W.) (2.7.2001) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2001 (S.I. 2001/1325), arts. 1(1), 4(c)

F9

Words in Sch. 1 para. 5(3) substituted (24.9.2003 for specified purposes in accordance with arts. 1(1)) by Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 (S.I. 2003/2398), arts. 1(1), 2(9)(a)

F10

Words in Sch. 1 para. 5(3) substituted (13.3.2005) by Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2005 (S.I. 2005/236), arts. 1(2), 3(a)

F11

Words in Sch. 1 para. 5(3) substituted (24.9.2003 for specified purposes in accordance with arts. 1(1)) by Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 (S.I. 2003/2398), arts. 1(1), 2(9)(b)

F12

Words in Sch. 1 para. 5(3) substituted (13.3.2005) by Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2005 (S.I. 2005/236), arts. 1(2), 3(b)