SCHEDULE 2 Decisions of rent payable

PART III Indicative rent levels

9.—(1) The Executive shall decide the indicative rent level for each category described in sub-paragraph (3) in accordance with the following formula—

where—

• I is the indicative rent level;

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

  (a)

  which a landlord might reasonably be expected to obtain at the time the decision is being made for an uncontrolled tenancy of a dwelling meeting the criteria in sub-paragraph (2); and

  (b)

  which is not an exceptionally high rent; and

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

  (a)

  which a landlord might reasonably be expected to obtain at the time the decision is being made for an uncontrolled tenancy of a dwelling meeting the criteria in sub-paragraph (2); and

  (b)

  which is not an exceptionally low rent.

(2) The criteria are that—

(a) the dwelling is in a reasonable state of repair; and

(b) the dwelling and tenancy accord with the category to which the decision relates.

(3) The categories for the purposes of this paragraph are—

(a) a dwelling where the tenant does not have use of more than one room and where a substantial part of the rent under the tenancy is fairly attributable to board and attendance;

(b) a dwelling where the tenant does not have use of more than one room, the tenancy provides for him to share a kitchen or toilet and head (a) does not apply;

(c) a dwelling where the tenant does not have use of more than one room and where heads (a) and (b) do not apply;

(d) a dwelling where the tenant does not have use of more than 2 rooms and where none of heads (a) to (c) applies;

(e) a dwelling where the tenant does not have use of more than 3 rooms and where none of heads (a) to (d) applies;

(f) a dwelling where the tenant does not have use of more than 4 rooms and where none of heads (a) to (e) applies;

(g) a dwelling where the tenant does not have use of more than 5 rooms and where none of heads (a) to (f) applies; and

(h) a dwelling where the tenant does not have use of more than 6 rooms and where none of heads (a) to (g) applies.

(4) When ascertaining H and L under sub-paragraph (1), the Executive—

(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 Executive’s opinion, is fairly attributable to the provision of services which are ineligible to be met by housing benefit.

(5) In this paragraph—

“room” means a bedroom or room suitable for living in and in heads (a), (b) and (c) of sub-paragraph (3) does not include a room which the tenant shares with any person other than—

(a)

a member of his household;

(b)

a non-dependant of the tenant; or

(c)

a person who pays rent to the tenant;

“services” has the meaning given in paragraph 4(5).