OpenLegislation

Paragraph 11

Scotland

(1)

The rent officer shall determine the indicative rent level for each category described in sub-paragraph (3) in accordance with the following formula–

I=H+3L4

whereI is the indicative rent level;

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

(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 meeting the criteria in sub-paragraph (2); and

(b)which is not an exceptionally high rent; and

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

(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 meeting the criteria in sub-paragraph (2); and

(b)which is not an exceptionally low rent.

(2)

The criteria are that–

(a)

the dwelling is in the area of the local authority;

(b)

the dwelling is in a reasonable state of repair; and

(c)

the dwelling and tenancy accord with the category to which the determination relates.

(3)

The categories for the purposes of this paragraph are–

(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;

(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;

(c)

a dwelling where the tenant does not have use of more than one room and where paragraphs (a) and (b) do not apply;

(d)

a dwelling where the tenant does not have use of more than two rooms and where none of paragraphs (a) to (c) applies;

(e)

a dwelling where the tenant does not have use of more than three rooms and where none of paragraphs (a) to (d) applies;

(f)

a dwelling where the tenant does not have use of more than four rooms and where none of paragraphs (a) to (e) applies;

(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

(h)

a dwelling where the tenant does not have use of more than six rooms and where none of paragraphs (a) to (g) applies.

(4)

When ascertaining H and L under sub-paragraph (1), the rent officer–

(a)

shall assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and

(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

F1(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

In this paragraph–

  • “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–

    1. (a)

      a member of his household;

    2. (b)

      a non-dependant of the tenant (within the meaning of F2regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations); or

    3. (c)

      a person who pays rent to the tenant;

  • “services" has the meaning given by paragraph 4(5).

Annotations

Textual amendments

F1

Sch. 1 para. 11(4)(c) and word omitted (1.4.2003 for specified purposes, 7.4.2003 for specified purposes) by virtue of The Rent Officers (Housing Benefit Functions) Amendment Order 2003 (S.I. 2003/478), arts. 1(1), 3(4)

F2

Words in Sch. 1 para. 11(5)(b) substituted (6.3.2006 for specified purposes, 7.4.2008 for all other purposes) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 12(10)(d) (with regs. 2, 3, Sch. 3, Sch. 4); (S.I. 2007/2871, art. 19(7)(b))