Paragraph 3

United Kingdom

When making a determination under this Schedule, the rent officer must—

(a)

have regard to the level of similar payments under tenancies for accommodation which—

(i)

is let by the same type of landlord;

(ii)

is in the same local authority area F1(but see paragraph 4) ;

(iii)

has the same number of bedrooms; and

(iv)

is in the same reasonable state of repair,

as the accommodation in respect of which the determination is being made;

(b)

exclude—

(i)

the cost of any care, support or supervision provided to the tenant by the landlord or by someone on the landlord's behalf;

(ii)

any payments for services performed or facilities (including the use of furniture) provided for, or rights made available to, the tenant which are not service charge payments; and

(c)

where the accommodation is let at an Affordable Rent, assume that the rent is reasonable.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 3(a)(ii) substituted (23.1.2017) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2016 (S.I. 2016/1179), arts. 1, 4(4)(a)