The Rent Officers (Housing Benefit Functions) Order 1997 No. 1984

SCHEDULE 1

PART I DETERMINATIONS

Local reference rents

4.—(1) The rent officer shall make a determination of a local reference rent in accordance with the formula—

where—

• R is the local reference rent;

• H is the highest 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 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; and

(2) The criteria are—

(a) that the dwelling under the assured tenancy—

(i) is in the same locality as the dwelling;

(ii) is in a reasonable state of repair; and

(iii) has the same number of bedrooms and rooms suitable for living in as the dwelling (or, in a case where the dwelling exceeds the size criteria for the occupiers, accords with the size criteria); and

(b) if the tenant does not have the use under the tenancy of the dwelling of more than one bedroom or room suitable for living in—

(i) that under the assured tenancy the tenant does not have the use of more than one bedroom or room suitable for living in;

(ii) if the rent under the tenancy includes payments for board and attendance and the rent officer considers the amount fairly attributable to board and attendance is a substantial part of the rent, that a substantial part of the rent under the assured tenancy is fairly attributable to board and attendance;

(iii) if sub-paragraph (ii) does not apply and the tenant shares a kitchen or toilet with a person other than a member of his household, a non-dependant or a person who pays rent to the tenant, that the assured tenancy provides for the tenant to share a kitchen or toilet; and

(iv) if sub-paragraphs (ii) and (iii) do not apply, that the circumstances described in sub-paragraphs (ii) and (iii) do not apply in relation to the assured tenancy.

(3) Where ascertaining H and L under sub-paragraph (1), the rent officer:

(a) shall assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and

(b) shall exclude the amount of any rent which, in the rent officer’s opinion, is fairly attributable to the provision of services which are ineligible to be met by housing benefit.

(4) In sub-paragraph (2)(b)—

• “bedroom or room suitable for living in” does not include a room which the tenant shares with any person other than—

  (a)

  a member of his household;

  (b)

  a non-dependant (as defined in this sub-paragraph); or

  (c)

  a person who pays rent to the tenant; and

• “non-dependent” means a non-dependant of the tenant within the meaning of regulation 3 of the 1987 Regulations(1).

(5) In sub-paragraph (3), “services” means services performed or facilities (including the use of furniture) provided for, or rights made available to, the tenant, but not—

(a) the provision of meals (including the preparation of meals or provision of unprepared food); or

(b) the provision of services to which any service charge for fuel relates.

(1)

S.I. 1987/1971; regulation 3 was amended by S.I. 1989/416, S.I. 1990/546 and 1775, S.I. 1994/3061 and S.I. 1995/560.