C1PART IVCERTIFICATES OF FITNESS AND RENT CONTROL
CHAPTER IIITENANCIES SUBJECT TO RENT CONTROL
Functions of the rent officer and rent assessment committees
Determination of an appropriate rent42
1
Where the rent officer is satisfied that a dwelling-house is, or is to be, let under a controlled tenancy the rent officer shall make a determination as to what rent is or would be an appropriate rent under that tenancy.
2
In making a determination under paragraph (1), the rent officer shall consider all the circumstances (other than personal circumstances).
3
In particular, the rent officer shall have regard to–
a
the terms of the tenancy agreement (except those as to rent) which apply to that controlled tenancy;
b
the general condition and state of repair of the dwelling-house, including–
i
any notice of unfitness or notice of disrepair having effect in respect of the dwelling-house, and
ii
the certificate of fitness or notice of refusal having effect in respect of the dwelling-house;
c
the rents of dwelling-houses let by the Executive which are comparable, or as comparable as may be, to the dwelling-house in question;
d
the level of the local reference rent (as determined in accordance with paragraph 4 of Schedule 1A to the Housing Benefit (General) Regulations (Northern Ireland) 1987 (SR 1987 No. 461)) of similar dwelling-houses let under similar tenancies; and
e
if any furniture is provided for use under the tenancy, the quantity, quality and condition of the furniture.
4
For the purposes of the determination it shall be assumed that the number of persons seeking to become tenants of similar dwelling-houses in the locality on the terms (other than those relating to rent) of the controlled tenancy is not substantially greater than the number of such dwelling-houses in the locality which are available for letting on such terms.
5
There shall be disregarded–
a
any disrepair or other defect attributable to a failure by the tenant, or any predecessor in title of his, to comply with any terms of the tenancy;
b
any improvement carried out, otherwise than in pursuance of the terms of the tenancy, by the tenant or any predecessor in title of his.
6
In paragraph (5) “improvement” includes the replacement of any fixture or fitting.
7
For the purposes of this Article the rent officer may make such enquiries as he considers appropriate.
Pt. IV (arts. 30-55) modified (1.10.2010) by Registered Rents (Increase) Order (Northern Ireland) 2010 (S.R. 2010/285), art. 2(1) (subject to art. 2(2))