Paragraph 17 Rent Officers (Housing Benefit Functions) Order 1997I1

in paragraph 3(3)^f5 (exceptionally high rents), after “assured tenancy of a dwelling”, insert “in England, or an occupation contract of a dwelling in Wales,”;

in paragraph 3(4)^f6, after “assured tenancies”, insert “or occupation contracts”;

in paragraph 4(1) (local reference rents)—

in paragraph 4(2)(a)^f7, after “assured tenancy”, insert “or occupation contract”;

in paragraph 4(2)(b)(i), after “assured tenancy”, insert “or occupation contract”;

in paragraph 4(2)(b)(ii), after “assured tenancy”, insert “or occupation contract”;

in paragraph 4(2)(b)(iii), after “assured tenancy”, insert “or occupation contract”;

in paragraph 4(2)(b)(iv), after “assured tenancy”, insert “or occupation contract”;

in paragraph 5(1) (single room rents)—

in paragraph 5(2)(a)^f8, after “assured tenancy”, insert “or occupation contract”;

in paragraph 5(2)(b), after “assured tenancy”, insert “or occupation contract”;

in paragraph 8(1) (housing associations etc.), for “In a case”, substitute “In relation to England, in a case”;

after paragraph 8(1), insert—

“(1A)

In relation to Wales, in a case where the local authority states in the application that the landlord is a housing association, a community landlord, or a charity, the rent officer shall assume that the landlord is not such a body.”;

in paragraph 8(2), for “The rent officer”, substitute “In relation to England, the rent officer”;

after paragraph 8(2), insert—

“(2A)

In relation to Wales, the rent officer shall not take into account the rent under any occupation contract where the landlord is a housing association or a community landlord, or where the landlord is a charity and the dwelling is provided by the landlord in the pursuit of its charitable purposes.”;

in paragraph 8(3), at the appropriate place in alphabetical order, insert—

• ““community landlord” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 9 of that Act);”;

in paragraph 11(1) (indicative rent levels)—

for sub-paragraph (4), substitute—

“(4)

The rent officer must compile a list of rents in ascending order of the rents which, in the rent officer’s opinion, are payable—

(a)

for each category of dwelling specified in paragraph 1—

(i)

in England, let under an assured tenancy, or

(ii)

in Wales—

(aa)

before the day on which section 239 of the Renting Homes (Wales) Act 2016 comes into force, let under an assured tenancy, or

(bb)

on or after that day, let under a relevant occupation contract; and

(b)

in the 12 month period ending on the 30^th day of the September preceding the date of the determination.”;

in sub-paragraph (5)(a), in the words before sub-paragraph (i), after “assured tenancy”, insert “or a relevant occupation contract, as the case may be,”;

in sub-paragraph (5)(a)(i), after “assured tenancy”, insert “or relevant occupation contract”;

in sub-paragraph (5)(a)(iii), after “assured tenancy”, insert “or relevant occupation contract”;

after sub-paragraph (10), insert—

“(11)

In this paragraph, “relevant occupation contract” means—

(a)

a secure contract in relation to which the landlord is a registered social landlord, a private registered provider of social housing, or a private landlord,

(b)

a standard contract, or

(c)

an introductory standard contract in relation to which the landlord is a registered social landlord or a provider of social housing.”;

in paragraph 1(a) (houseboats), for “or an assured tenancy”, substitute “, an assured tenancy or an occupation contract”;

in paragraph 2(a) (mobile homes), for “or an assured tenancy”, substitute “, an assured tenancy or an occupation contract”.