Paragraph 5 Single room rents

Scotland

(1)

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

S = \frac{H + L}{2}

where S is the single room rent;

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

(a)which a landlord might reasonable have been expected to obtain, at the relevant time, for an assured tenancy of a dwelling which meets 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 have been expected to obtain, at the relevant time, for an assured tenancy of a dwelling 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 is in the same F1broad rental market area (local reference rent) as the dwelling and is in a reasonable state of repair;

(b)

that, under the assured tenancy, the tenant–

(i)

has the exclusive use of one bedroom;

(ii)

does not have the use of any other bedroomF2...;

F3(iia)

shares the use of a room suitable for living in

(iii)

shares the use of a toilet F4and 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 F5(3) and (5) of paragraph 4 apply when ascertaining H and L under F6this 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(2) substituted (5.1.2009) by The Rent Officers (Housing Benefit Functions) Amendment (No. 2) Order 2008 (S.I. 2008/3156), arts. 1, 3(3)(b)
F2: Words in Sch. 1 para. 5(2)(b)(ii) deleted (2.7.2001) by The Rent Officers (Housing Benefit Functions) (Scotland) (Amendment) Order 2001 (S.I. 2001/1326), arts. 1(1), 4(a)
F3: Sch. 1 para. 5(2)(b)(iia) inserted (2.7.2001) by The Rent Officers (Housing Benefit Functions) (Scotland) (Amendment) Order 2001 (S.I. 2001/1326), arts. 1(1), 4(b)
F4: Words in Sch. 1 para. 5(2)(b)(iii) inserted (2.7.2001) by The Rent Officers (Housing Benefit Functions) (Scotland) (Amendment) Order 2001 (S.I. 2001/1326), arts. 1(1), 4(c)
F5: Words in Sch. 1 para. 5(3) substituted (13.3.2005) by The Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2005 (S.I. 2005/236), arts. 1(2), 6(a)
F6: Words in Sch. 1 para. 5(3) substituted (13.3.2005) by The Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2005 (S.I. 2005/236), arts. 1(2), 6(b)