SCHEDULE 2Decisions of rent payable

PART IDecisions

Single room rents

5.

(1)

The Executive shall decide a single room rent in accordance with the following formula—

S=H+L2math

where—

  • S is the single room rent;

  • H is the highest rent, in the Executive’s opinion—

    1. (a)

      which a landlord might reasonably have been expected to obtain, at the relevant time, for an uncontrolled tenancy of a dwelling which meets the criteria in sub-paragraph (2); and

    2. (b)

      which is not an exceptionally high rent; and

  • L is the lowest rent, in the Executive’s opinion—

    1. (a)

      which a landlord might reasonably have been expected to obtain, at the relevant time, for an uncontrolled tenancy of a dwelling which meets the criteria in sub-paragraph (2); and

    2. (b)

      which is not an exceptionally low rent.

(2)

The criteria are—

(a)

that the dwelling under the uncontrolled tenancy is in the same locality as the dwelling and is in a reasonable state of repair;

(b)

that, under the uncontrolled tenancy, the tenant—

(i)

has the exclusive use of one bedroom;

(ii)

does not have the use of any other bedroom;

(iii)

shares the use of a room suitable for living in;

(iv)

shares the use of a toilet and bathroom, and

(v)

shares the use of a kitchen and does not have the exclusive use of facilities for cooking food; and

(c)

that the rent does not include any payment for board and attendance.

(3)

Sub-paragraphs (3) and (5) of paragraph 4 apply when ascertaining H and L under this paragraph as if the reference in those sub-paragraphs to H and L were to H and L under this paragraph.