The Rent Officers (Additional Functions) (Scotland) Order 1989

Explanatory Note

(This note is not part of the Order)

This Order confers functions on rent officers in connection with housing benefit and rent allowance subsidy. Article 3 provides that where a local authority applies to a rent officer for determinations relating to a tenancy or other right of occupancy of a dwelling, the rent officer must make the determinations (and give notice to the local authority) in accordance with Schedule 1 to the Order. The determinations relate to the level of rent, the size of the dwelling and rent attributable to the provision of services. Article 4 provides for a rent officer, with the advice of one or two other rent officers, to make a re-determination if a local authority applies for one.

Article 5 prevents determinations and re-determinations being made if the tenancy is one of those described in Schedule 2 to the Order or if the application is withdrawn and certain determinations and re-determinations cannot be made if the tenancy is an assured tenancy and the circumstances are those described in article 5(2).