Regulation 4 Under-occupation criteria

the housing benefit claimant occupies a dwelling in the public or social rented sector at the time he applies for a payment;

that dwelling exceeds the accommodation needs of its occupiers determined in accordance with the size criteria which are set out in Schedule 2;

the housing benefit claimant has expressed an interest in moving to a qualifying dwelling (whether or not in the same local authority area as the dwelling he currently occupies);

the rent in respect of the qualifying dwelling after deducting ineligible service charges in respect of that dwelling is less than the rent in respect of the dwelling occupied after deducting ineligible service charges in respect of that dwelling; and

once the person has moved to the qualifying dwelling, the owner of the property vacated will have vacant possession of the dwelling.