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5.—(1) The rent officer shall determine a single room rent in accordance with the following formula—
where—S is the single room 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 [F1in England, or an occupation contract of a dwelling in Wales,] which meets the criteria in sub-paragraph (2); and
(b) which is not an exceptionally high rent.
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 [F2in England, or an occupation contract of a dwelling in Wales,] which meets the criteria in sub-paragraph (2); and
(b) which is not an exceptionally low rent.
(2) The criteria are—
(a)that the dwelling under the assured tenancy [F3or occupation contract] is in the same [F4broad rental market area (local reference rent)] as the dwelling and is in a reasonable state of repair;
(b)that, under the assured tenancy [F5or occupation contract], the tenant—
(i)has the exclusive use of one bedroom;
(ii)does not have the use of any other bedroom F6...;
[F7(iia)shares the use of a room suitable for living in]
(iii)shares the use of a toilet [F8and bathroom]; and
(iv)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 F9[F10(3) and (5)] of paragraph 4 apply when ascertaining H and L under F11[F12this paragraph] as if the reference in those sub-paragraphs to H and L were to H and L under this paragraph.
Textual Amendments
F1Words in Sch. 1 para. 5(1) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 17(b)(ix)(aa)
F2Words in Sch. 1 para. 5(1) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 17(b)(ix)(bb)
F3Words in Sch. 1 para. 5(2)(a) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 17(b)(x)
F4Words in Sch. 1 para. 5(2) substituted (5.1.2009) by Rent Officers (Housing Benefit Functions) Amendment (No.2) Order 2008 (S.I. 2008/3156), arts. 1, 2(3)(b)
F5Words in Sch. 1 para. 5(2)(b) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 17(b)(xi)
F6Words in Sch. 1 para. 5(2)(b)(ii) deleted (E.W.) (2.7.2001) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2001 (S.I. 2001/1325), arts. 1(1), 4(a)
F7Sch. 1 para. 5(2)(b)(iia) inserted (E.W.) (2.7.2001) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2001 (S.I. 2001/1325), arts. 1(1), 4(b)
F8Words in Sch. 1 para. 5(2)(b)(iii) inserted (E.W.) (2.7.2001) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2001 (S.I. 2001/1325), arts. 1(1), 4(c)
F9Words in Sch. 1 para. 5(3) substituted (24.9.2003 for specified purposes in accordance with arts. 1(1)) by Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 (S.I. 2003/2398), arts. 1(1), 2(9)(a)
F10Words in Sch. 1 para. 5(3) substituted (13.3.2005) by Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2005 (S.I. 2005/236), arts. 1(2), 3(a)
F11Words in Sch. 1 para. 5(3) substituted (24.9.2003 for specified purposes in accordance with arts. 1(1)) by Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 (S.I. 2003/2398), arts. 1(1), 2(9)(b)
F12Words in Sch. 1 para. 5(3) substituted (13.3.2005) by Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2005 (S.I. 2005/236), arts. 1(2), 3(b)
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