The Rent Officers (Housing Benefit Functions) Order 1997

Article 3(1)

SCHEDULE 1E+W+S

Article 3(1)(a)

PART IE+W+S DETERMINATIONS

Significantly high rentsE+W+S

1.—(1) The rent officer shall determine whether, in his opinion, the rent payable under the tenancy of the dwelling at the relevant time is significantly higher than the rent which the landlord might reasonably have been expected to obtain under the tenancy at that time.

(2) If the rent officer determines under sub-paragraph (1) that the rent is significantly higher, the rent officer shall also determine the rent which the landlord might reasonably have been expected to obtain under the tenancy at the relevant time.

(3) When making a determination under this paragraph, the rent officer shall have regard to the level of rent under similar tenancies of similar dwellings in the [F1vicinity] (or as similar as regards tenancy, dwelling and [F1vicinity] as is reasonably practicable) and shall assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy.

[F2(4) For the purposes of this paragraph and paragraph 2 “vicinity” means—

(a)the area immediately surrounding the dwelling; or

(b)where, for the purposes of sub-paragraph (2)(c) of paragraph 2, there is no dwelling in the area immediately surrounding the dwelling which satisfies the description in heads (i), (ii) and (iii) of that sub-paragraph, the area nearest to the dwelling where there is such a dwelling.]

Textual Amendments

Size and rentE+W+S

2.—(1) The rent officer shall determine whether the dwelling, at the relevant time, exceeds the size criteria for the occupiers.

(2) If the rent officer determines that the dwelling exceeds the size criteria, the rent officer shall also determine the rent which a landlord might reasonably have been expected to obtain, at the relevant time, for a tenancy which is—

(a)similar to the tenancy of the dwelling;

(b)on the same terms other than the term relating to the amount of rent; and

(c)of a dwelling which is in the same [F3vicinity] as the dwelling, but which—

(i)accords with the size criteria for the occupiers;

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

(iii)corresponds in other respects, in the rent officer’s opinion, as closely as is reasonably practicable to the dwelling.

(3) When making a determination under sub-paragraph (2), the rent officer shall have regard to the same matter and make the same assumption as specified in paragraph 1(3), except that in judging the similarity of other tenancies and dwellings the comparison shall be with the tenancy of the second dwelling referred to in sub-paragraph (2) and shall assume that no one who would have been entitled to housing benefit had sought or is seeking that tenancy.

Textual Amendments

Exceptionally high rentsE+W+S

3.—(1) The rent officer shall determine whether, in his opinion, the rent payable for the tenancy of the dwelling at the relevant time is exceptionally high.

(2) In sub-paragraph (1) “rent payable for the tenancy" means—

(a)where a determination is made under sub-paragraph (2) of paragraph 2, the rent determined under that sub-paragraph;

(b)where no determination is so made and a determination is made under sub-paragraph (2) of paragraph 1, the rent determined under that sub-paragraph; and

(c)in any other case, the rent payable under the tenancy [F4at the relevant time].

(3) If the rent officer determines under sub-paragraph (1) that the rent is exceptionally high, the rent officer shall also determine the highest rent, which is not an exceptionally high rent and which a landlord might reasonably have been expected to obtain at the relevant time (on the assumption that no one who would have been entitled to housing benefit had sought or is seeking the tenancy) for an assured tenancy of a dwelling [F5in England, or an occupation contract of a dwelling in Wales,] which—

(a)is in the same [F6neighbourhood] as the dwelling;

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

(c)is in a reasonable state of repair.

(4) For the purpose of determining whether a rent is an exceptionally high rent under this paragraph, the rent officer shall have regard to the levels of rent under assured tenancies [F7or occupation contracts] of dwellings which—

(a)are in the same [F8neighbourhood] as the dwelling (or in as similar a locality as is reasonably practicable); and

(b)have 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, accord with the size criteria).

[F9(5) For the purposes of this paragraph and paragraph 4(6) “neighbourhood” means—

(a)where the dwelling is in a town or city, the part of that town or city where the dwelling is located which is a distinct area of residential accommodation; or

(b)where the dwelling is not in a town or city, the area surrounding the dwelling which is a distinct area of residential accommodation and where there are dwellings satisfying the description in sub-paragraph (4)(b).]

Textual Amendments

F4Words in Sch. 1 para. 3(2)(c) inserted (E.W.) (3.4.2000) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2000 (S.I. 2000/1), arts. 1(1), 9

Local reference rentsE+W+S

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 [F10in 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; 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 [F11in 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; and

(2) The criteria are—

(a)that the dwelling under the assured tenancy [F12or occupation contract]—

(i)is in the same [F13broad rental market area (local reference rent)] 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 [F14at the relevant time] of more than one bedroom or room suitable for living in [F15and neither the tenant nor the tenant’s partner is a person who requires overnight care]—

(i)that under the assured tenancy [F16or occupation contract] 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 [F17at the relevant time] 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 [F18or occupation contract] is fairly attributable to board and attendance;

(iii)if sub-paragraph (ii) does not apply and the tenant shares a [F19kitchen, toilet, bathroom and room suitable for living in] 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 [F20or occupation contract] provides for the tenant to share a [F19kitchen, toilet, bathroom and room suitable for living in]; 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 [F21or occupation contract].

(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; F22...

(c)F22...

(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

  • F23[F24 “non-dependant” means a non-dependant of the tenant within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations;]

(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 [F25, in the case of a tenancy where a substantial part of the rent under the tenancy is fairly attributable to board and attendance, the provision of meals (including the preparation of meals or provision of unprepared food).]

[F26(6) For the purposes of this paragraph and paragraph 5 “broad rental market area (local reference rent)” means the area within which a tenant of the dwelling could reasonably be expected to live having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, taking account of the distance of travel, by public and private transport, to and from those facilities and services.

(7) A broad rental market area (local reference rent) must contain—

(a)residential premises of a variety of types, including such premises held on a variety of tenures; and

(b)sufficient privately rented residential premises, to ensure that, in the rent officer’s opinion, the local reference rents for tenancies in the area are representative of the rents that a landlord might reasonably be expected to obtain in that area.]

Textual Amendments

F22Sch. 1 para. 4(3)(c) omitted (1.4.2003 for specified purposes, 7.4.2003 for specified purposes) by virtue of Rent Officers (Housing Benefit Functions) Amendment Order 2003 (S.I. 2003/478), arts. 1(1), 2(2)

F25Words in Sch. 1 para. 4(5) substituted (E.W.) (3.4.2000) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2000 (S.I. 2000/1), arts. 1(1), 10(c) (with art. 16)

F26Sch. 1 para. 4(6)(7) substituted for Sch. 1 para. 4(6) (5.1.2009) by Rent Officers (Housing Benefit Functions) Amendment (No.2) Order 2008 (S.I. 2008/3156), arts. 1, 2(3)(a)(ii)

Single room rentsE+W+S

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 [F27in 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 [F28in 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 [F29or occupation contract] is in the same [F30broad rental market area (local reference rent)] as the dwelling and is in a reasonable state of repair;

(b)that, under the assured tenancy [F31or occupation contract], the tenant—

(i)has the exclusive use of one bedroom;

(ii)does not have the use of any other bedroom F32...;

[F33(iia)shares the use of a room suitable for living in]

(iii)shares the use of a toilet [F34and 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 F35[F36(3) and (5)] of paragraph 4 apply when ascertaining H and L under F37[F38this paragraph] as if the reference in those sub-paragraphs to H and L were to H and L under this paragraph.

Textual Amendments

F34Words 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)

F35Words 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)

F37Words 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)

[F39Claim-related rentE+W+S

6.—(1) [F40In this paragraph, and in paragraph 9 below, “claim-related rent” means–

(a)where the rent officer makes a determination under sub-paragraph (2) of paragraph 1, sub-paragraph (2) of paragraph 2 and sub-paragraph (3) of paragraph 3, the lowest of the three rents determined under those sub-paragraphs;

(b)where the rent officer makes a determination under only two of the sub-paragraphs referred to in paragraph (a) above, the lower of the two rents determined under those sub-paragraphs;

(c)where the rent officer makes a determination under only one of the sub-paragraphs referred to in paragraph (a) above, the rent determined under that sub-paragraph;

(d)where the rent officer does not make a determination under any of the sub-paragraphs referred to in paragraph (a) above, the rent payable under the tenancy of the dwelling at the relevant time.]

[F40In this paragraph, and in paragraph 9, “claim-related rent” means the claim-related rent determined by the rent officer in accordance with paragraph (2A).]

(2) [F41Where a rent officer makes any determinations under paragraphs 1, 2 or 3, he shall also determine which rent is the claim-related rent.]

[F42(2A) The rent officer shall determine that the claim-related rent is—

(a)where he makes a determination under sub-paragraph (2) of paragraph 1, sub-paragraph (2) of paragraph 2 and sub-paragraph (3) of paragraph 3, the lowest of the three rents determined under those sub-paragraphs;

(b)where he makes a determination under only two of the sub-paragraphs referred to in paragraph (a), the lower of the two rents determined under those sub-paragraphs;

(c)where he makes a determination under only one of the sub-paragraphs referred to in paragraph (a), the rent determined under that sub-paragraph;

(d)where he does not make a determination under any of the sub-paragraphs referred to in sub-paragraph (a), the rent payable under the tenancy of the dwelling at the relevant time.]

(3) [F43Where the dwelling is not in a hostel,] the rent officer shall also determine the total amount of ineligible charges, as defined in paragraph 7, which he has not included in the claim-related rent because of the assumptions made in accordance with that paragraph.]

Textual Amendments

Article 3(1)(b)

PART IIE+W+S ASSUMPTIONS etc.

[F44Ineligible charges and support chargesE+W+S

7.—(1) [F45For the purposes of this paragraph–

(a)[F46 “ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of regulation 12(3) (rent) of and Schedule 1 (ineligible service charges) to the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations except in the case of a tenancy where the rent includes payments for board and attendance, and the rent officer considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals).]

F47(b)“support charges” means any charges specified under paragraph (1ZA) of regulation 12A of the 1987 Regulations (requirement to refer to rent officers).]

[F45“ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of regulation 12B(2) (rent) of and Schedule 1 (ineligible service charges) to the Housing Benefit Regulations or, as the case may be, regulation 12B(2) of and Schedule 1 to the Housing Benefit (State Pension Credit) Regulations except in the case of a tenancy where the rent includes payments for board and attendance, and the rent officer considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals).]

(2) When making a determination under paragraph 1, 2 or 3 of this Schedule, the rent officer shall assume that–

(a) the items to which the ineligible charges relate; F48 ...

F48(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

were not to be provided or made available.

(3) [F49For the purposes of paragraphs 1, 2, 3 and 6 of this Schedule, the rent officer shall assume that the rent payable under the tenancy at the relevant time is–

(a)where an amount is notified to the rent officer under [F50regulation 14(9)(b) of the Housing Benefit Regulations or, as the case may be, regulation 14(8)(b) of the Housing Benefit (State Pension Credit) Regulations] in respect of that tenancy, that notified amount less the total of any ineligible charges included in that amount; or

(b)in any other case, the total amount stated under [F5114(2) of the Housing Benefit Regulations or, as the case may be, regulation 14(2) of the Housing Benefit (State Pension Credit) Regulations] less the total of any ineligible charges included in that stated amount.]

[F49For the purposes of paragraphs 1, 2, 3, and 6 of Part 1 of this Schedule, the rent officer shall assume that the rent payable under the tenancy at the relevant time is—

(a) where an amount is notified to the rent officer under regulation 114A(4)(b) of the Housing Benefit Regulations or, as the case may be, regulations 95A(4)(b) of the Housing Benefit (State Pension Credit) Regulations in respect of that tenancy, that notified amount less the total of any ineligible charges included in that amount; or

(b) in any other case, the total amount stated under regulation 114A(3)(d) of the Housing Benefit Regulations or, as the case may be regulation 95A(3)(d) of the Housing Benefit (State Pension Credit) Regulations less the total of any ineligible charges included in that stated amount.]

(4) The total of any ineligible charges, referred to in sub-paragraph (3), shall be the total of the amounts (excluding any amount which he considers is negligible) of any charges included in the notified amount or the stated amount, as the case may be, which, in the rent officer’s opinion, are at the relevant time fairly attributable to any items to which ineligible charges relate.]

Textual Amendments

F47Sch. 1 para. 7(1)(b) omitted (1.4.2003 for specified purposes, 7.4.2003 for specified purposes) by virtue of Rent Officers (Housing Benefit Functions) Amendment Order 2003 (S.I. 2003/478), arts. 1(1), 2(3)(a)(ii)

F48Sch. 1 para. 7(2)(b) omitted (1.4.2003 for specified purposes, 7.4.2003 for specified purposes) by virtue of Rent Officers (Housing Benefit Functions) Amendment Order 2003 (S.I. 2003/478), arts. 1(1), 2(3)(b)

Housing associations etc.E+W+S

8.—(1) [F52In a case] [F52In relation to England, in a case] where the local authority states in the application that the landlord is a housing association or a charity, the rent officer shall assume that the landlord is not such a body.

[F53(1A) In relation to Wales, in a case where the local authority states in the application that the landlord is a housing association, a community landlord, or a charity, the rent officer shall assume that the landlord is not such a body.]

(2) [F54The rent officer] [F54In relation to England, the rent officer] shall not take into account the rent under any tenancy where the landlord is a housing association or where the landlord is a charity and the dwelling is provided by the landlord in the pursuit of its charitable purposes.

[F55(2A) In relation to Wales, the rent officer shall not take into account the rent under any occupation contract where the landlord is a housing association or a community landlord, or where the landlord is a charity and the dwelling is provided by the landlord in the pursuit of its charitable purposes.]

(3) In this paragraph—

  • “charity" has the same meaning as in the Charities Act 1993 M1, except that it includes a Scottish charity (which has the same meaning as in section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 M2); and

  • [F56“community landlord” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 9 of that Act);]

  • “housing association" has the same meaning as in the Housing Associations Act 1985 M3.

Textual Amendments

Marginal Citations

Article 3(1)(c)

PART IIIE+W+S NOTIFICATIONS OF PART I DETERMINATIONS

NotificationsE+W+S

9.—[F57(1) Subject to sub-paragraph (2), the rent officer shall give notice to the local authority of–

(a)the claim-related rent determined under Part I;

(b)where the dwelling is not in a hostel, the total amount of ineligible charges determined under paragraph 6(3) in relation to that claim-related rent;

(c)[F58whether that claim-related rent includes an amount which would be ineligible for housing benefit under [F59paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (charges for meals);]

[F58where that claim-related rent includes an amount which would be ineligible for housing benefit under paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals), the inclusion of an ineligible amount in respect of meals;]

(d)any rent determined by the rent officer under paragraph 4 (local reference rents); and

[F60(da)where any rent determined under paragraph 4 includes an amount which would be ineligible for housing benefit under the provisions referred to in sub-paragraph (c), the inclusion of an ineligible amount in respect of meals; and]

(e)any rent determined by the rent officer under paragraph 5 (single room rents).]

(2) If the rent officer determines a rent under—

(a)paragraph 4 (local reference rents); or

(b)paragraph 5 (single room rents);

which is equal to or more than the [F61claim-related rent], the rent officer shall give notice to the local authority of this in place of giving notice of the determination made under paragraph 4 or, as the case may be, paragraph 5 F62....

F63(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62Words in Sch. 1 para. 9(2) omitted (E.W.) (3.4.2000) by virtue of The Rent Officers (Housing Benefit Functions) (Amendment) Order 2000 (S.I. 2000/1), arts. 1(1), 13(1)(b)(ii) (with art. 16)

F6410.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

Article 3(2)(a)

PART IVE+W+S INDICATIVE RENT LEVELS

11.—(1) The rent officer shall determine the indicative rent level for each category described in sub-paragraph (3) in accordance with the following formula—E+W+S

where—I is the indicative rent level;

H is the highest rent, in the rent officer’s opinion,—

(a) which a landlord might reasonably be expected to obtain at the time the determination is being made for an assured tenancy of a dwelling [F65in England, or an occupation contract of a dwelling in Wales,] meeting 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 be expected to obtain at the time the determination is being made for an assured tenancy of a dwelling [F66in England, or an occupation contract of a dwelling in Wales,] 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 the area of the local authority;

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

(c)the dwelling and tenancy accord with the category to which the determination 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 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 paragraph (a) does not apply;

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

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

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

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

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

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

(4) When 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; F67...

F67(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this paragraph—

  • “room" means a bedroom or room suitable for living in and in paragraphs (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 (within the meaning of F68[F69 regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations]); or

    (c)

    a person who pays rent to the tenant; and

  • “services" has the meaning given by paragraph 4(5).

Textual Amendments

F67Sch. 1 para. 11(4)(c) and word omitted (1.4.2003 for specified purposes, 7.4.2003 for specified purposes) by virtue of Rent Officers (Housing Benefit Functions) Amendment Order 2003 (S.I. 2003/478), arts. 1(1), 2(4)

Article 2

SCHEDULE 2E+W+S SIZE CRITERIA

1.  One bedroom or room suitable for living in shall be allowed for each of the following categories of occupier (and each occupier shall come within only the first category for which he is eligible)—E+W+S

[F70(za)a member of a couple who cannot share a bedroom;

(zb)a member of a couple who can share a bedroom;]

(a)[F71a couple] F72...;

(b)a person who is not a child;

[F73(ba)a child who cannot share a bedroom;]

(c)two children of the same sex;

(d)two children who are less than ten years old;

(e)a child.

[F74but the claimant is only entitled to a bedroom in respect of a child who cannot share a bedroom [F75or a member of a couple who cannot share a bedroom] if there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child [F76or the member of the couple] were able to share a bedroom.]

Textual Amendments

[F771A.  One additional bedroom is allowed where on the application for the determination—E+W+S

(a)[F78one or more of the following persons is stated as being a person who requires overnight care—

(i)the tenant;

(ii)the tenant’s partner;

(iii)a person (other than the tenant or the tenant’s partner) who occupies the dwelling as their home;

(iv)a child or young person in respect of whom the tenant or the tenant’s partner is a qualifying parent or carer; or]

(b)the tenant or the tenant’s partner is (or both of them are) stated as being a qualifying parent or carer.

Textual Amendments

1B.  Two additional bedrooms are allowed where sub-paragraphs (a) and (b) of paragraph 1A both apply.]E+W+S

Textual Amendments

2.  The number of rooms (excluding any allowed under paragraph 1) suitable for living in allowed are—E+W+S

(a)if there are less than four occupiers, one;

(b)if there are more than three and less than seven occupiers, two; and

(c)in any other case, three.

[F793.  In this Schedule “child who cannot share a bedroom[F80, “couple”, “member of a couple who cannot share a bedroom]” and “qualifying parent or carer” have the meaning given by regulation 2(1) of the Housing Benefit Regulations [F81and reference to a member of a couple who can share a bedroom is to be construed in accordance with regulation 2(6) of those Regulations].]E+W+S

Textual Amendments

Article 4

SCHEDULE 3E+W+S REDETERMINATIONS

[F821.  Schedules 1 and 2 shall apply in relation to a redetermination as they apply to a determination, but as if references in those Schedules to the relevant time were references to the date the application for the original determination was made or, if earlier, the date the tenancy ended.]E+W+S

Textual Amendments

2.  The rent officer making the redetermination shall seek and have regard to the advice of one or two other rent officers in relation to the redetermination.E+W+S

Articles 2(2) and 4B

[F83SCHEDULE 3AE+W+SPART I

Textual Amendments

[F84Categories of dwellingE+W+S

1.—(1) The categories of dwelling for which a rent officer is required to determine a local housing allowance in accordance with article 4B(2)(a)(i) are—

(a)a dwelling where the tenant has the exclusive use of only one bedroom and where the tenancy provides for him to—

(i)share the use of a kitchen, a bathroom and toilet and a room suitable for living in;

(ii)have the exclusive use of a kitchen or facilities for cooking and share the use of a bathroom and toilet and a room suitable for living in; or

(iii)have the exclusive use of a bathroom and toilet and share the use of a kitchen and a room suitable for living in;

(b)a dwelling where the tenant has the use of only two rooms;

(c)a dwelling where the tenant has the use of only three rooms;

(d)a dwelling where the tenant has the use of only four rooms;

(e)a dwelling where the tenant has the use of only five rooms;

(f)a dwelling where the tenant has the use of only six rooms.

(2) In sub-paragraph (1)(b) to (f) of this paragraph and in paragraph 3 “room” means a bedroom or room suitable for living in, except for a room which the tenant shares with any person other than—

(a)a member of his household;

(b) a non-dependant of the tenant (within the meaning of F85 [F86 regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations] ); or

(c)a person who pays rent to the tenant.

Textual Amendments

F85Words in Sch. 3A para. 1(2)(b) substituted (7.4.2008) by Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 10(8) (with art. 2)

Formula for local housing allowance for category of dwelling in paragraph 1(1)(a)E+W+S

2.—(1) The rent officer shall determine a local housing allowance for the category of dwelling in paragraph 1(1)(a) in accordance with the following formula—

where—

  • A is the local housing allowance;

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

    (a)

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

    (b)

    is not an exceptionally high rent;

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

    (a)

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

    (b)

    is not an exceptionally low rent.

(2) The criteria are—

(a)that the dwelling under the assured tenancy—

(i)is in the broad rental market area for which the local housing allowance is being determined; and

(ii)is in a reasonable state of repair;

(b)that under the assured tenancy, the tenant has the exclusive use of only one bedroom and the tenancy provides for him to—

(i)share the use of a kitchen, a bathroom and toilet and a room suitable for living in;

(ii)have the exclusive use of a kitchen or facilities for cooking and share the use of a bathroom and toilet and a room suitable for living in; or

(iii)have the exclusive use of a bathroom and toilet and share the use of a kitchen and a room suitable for living in; and

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

(3) When ascertaining H and L under sub-paragraph (1) the rent officer shall—

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

(b)exclude the amount of any rent which, in the rent officer’s opinion, is fairly attributable to the provision of services performed for, or facilities (including the use of furniture) provided for, or rights made available to, the tenant which are ineligible to be met by housing benefit.

(4) When ascertaining H and L under sub-paragraph (1) the rent officer may, where he is not satisfied that—

(a)the broad rental market area contains a sufficient number of dwellings that accord with the category of dwelling set out in paragraph 1(1)(a) to enable him to make a local housing allowance determination; or

(b)he has sufficient other information about the market in the broad rental market area to enable him to make a local housing allowance determination,

take account of rents in other similar areas in which he believes a comparable market exists.

[F87Blackpool17th November 2003
Brighton and Hove2nd February 2004
Conwy9th February 2004
Coventry12th January 2004
East Riding of Yorkshire18th April 2005
Guildford4th July 2005
Leeds9th February 2004
Lewisham1st December 2003
North East Lincolnshire9th February 2004
Norwich13th June 2005
Pembrokeshire20th June 2005
St Helens23rd May 2005
Salford25th July 2005
South Norfolk6th June 2005
Teignbridge12th January 2004
Wandsworth11th April 2005.]

Textual Amendments

Formula for local housing allowance for other categories of dwellingE+W+S

3.—(1) For categories of dwelling other than the category of dwelling in paragraph 1(1)(a), the rent officer shall determine a local housing allowance in accordance with the formula—

where—

  • B is the local housing allowance;

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

    (a)

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

    (b)

    is not an exceptionally high rent; and

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

    (a)

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

    (b)

    is not an exceptionally low rent.

(2) The criteria are that the dwelling under the assured tenancy—

(a)is in the broad rental market area for which the local housing allowance is being determined;

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

(c)has the same number of rooms as the category of dwelling in respect of which the local housing allowance is being determined.

(3) Sub-paragraphs (3) and (4) of paragraph 2 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, except that “in respect of which the local housing allowance is being determined” shall be substituted for “set out in paragraph 1(1)(a)”.

Textual Amendments

Broad rental market areaE+W+S

4.  In this Schedule “broad rental market area” means an area—

(a)comprising two or more distinct areas of residential accommodation, each distinct area of residential accommodation adjoining at least one other in the area;

(b)within which a person could reasonably be expected to live having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, taking account of the distance of travel, by public and private transport, to and from facilities and services of the same type and similar standard; and

(c)containing residential premises of a variety of types, and including such premises held on a variety of tenancies.

PART II

Column (1) Local authorityolumn (2) Date
Blackpool17th November 2003
Brighton and Hove2nd February 2004
Conwy9th February 2004
Coventry12th January 2004
Edinburgh9th February 2004
Leeds9th February 2004
Lewisham1st December 2003
North East Lincolnshire9th February 2004
Teignbridge12th January 2004]]

Textual Amendments

Article 4B

[F88SCHEDULE   3B E+W+SBroad rental market area determinations and local housing allowance determinations

Textual Amendments

Modifications etc. (not altering text)

Categories of dwellingE+W+S

1.—(1) The categories of dwelling for which a rent officer is required to determine a local housing allowance in accordance with [F89article 4B(2A)(a)] are—

(a)a dwelling where the tenant has the exclusive use of only one bedroom and where the tenancy provides for him to share the use of one or more of—

(i)a kitchen;

(ii)a bathroom;

(iii)a toilet; or

(iv)a room suitable for living in;

(b)a dwelling where the tenant (together with his partner where he has one) has the exclusive use of only one bedroom and exclusive use of a kitchen, a bathroom, a toilet and a room suitable for living in;

(c)a dwelling where the tenant has the use of only two bedrooms;

(d)a dwelling where the tenant has the use of only three bedrooms;

(e)a dwelling where the tenant has the use of only four bedrooms;

F90( f ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In—

(a) sub-paragraph (1)(b) “partner” has the same meaning as in regulation 2 of the Housing Benefit Regulations or, as the case may be, regulation 2 of the Housing Benefit (State Pension Credit) Regulations ;

(b)sub-paragraph (1)(c) [F91to (e)] “bedroom” means a bedroom, except for a bedroom which the tenant shares with any person other than—

(i)a member of his household;

(ii) a non-dependant of the tenant (within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations ); or

(iii)a person who pays rent to the tenant.

Textual Amendments

F89 Words in Sch. 3B para. 1(1) substituted (E.W.) (2.4.2012) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2012 (S.I. 2012/646) , arts. 1 , 2(4)(a)

Local housing allowance for category of dwelling in paragraph 1E+W+S

[F922.—(1) Subject to [F93paragraphs] 3 (anomalous local housing allowances [F94and 3A (minimum local housing allowance)]), the rent officer must determine a local housing allowance for each category of dwelling in paragraph 1 as follows.

[F95(2) The local housing allowance for any category of dwelling is the lower of—

(a)the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8); and

(b)for a category of dwelling listed in column 1 of the following table, the amount listed in column 2 of that table (maximum local housing allowance)—

1. Category of dwelling as specified in paragraph 12. Maximum local housing allowance for that category of dwelling
paragraph 1(1)(a) (one bedroom, shared accommodation) [F96£331.39]
paragraph 1(1)(b) (one bedroom, exclusive use) [F97£331.39]
paragraph 1(1)(c) (two bedrooms)[F98£412.86]
paragraph 1(1)(d) (three bedrooms)[F99£497.10]
paragraph 1(1)(e) (four bedrooms)[F100£704.22]]

F101(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F102(4) The rent officer must compile a list of rents in ascending order of the rents which, in the rent officer’s opinion, are payable—

(a)for a dwelling let under an assured tenancy for each category of dwelling specified in paragraph 1; and

(b)in the 12 month period ending on the 30th day of the September preceding the date of the determination.]

[F102The rent officer must compile a list of rents in ascending order of the rents which, in the rent officer’s opinion, are payable—

(a)for each category of dwelling specified in paragraph 1—

(i)in England, let under an assured tenancy, or

(ii)in Wales—

(aa)before the day on which section 239 of the Renting Homes (Wales) Act 2016 comes into force, let under an assured tenancy, or

(bb)on or after that day, let under a relevant occupation contract; and

(b)in the 12 month period ending on the 30th day of the September preceding the date of the determination.]

(5) In compiling the list of rents, the rent officer must—

(a)include within it the rent of an assured tenancy [F103or a relevant occupation contract, as the case may be,] in relation to each category of dwelling if—

(i)the dwelling let under the assured tenancy [F104or relevant occupation contract] is in the broad rental market area for which the local housing allowance for that category of dwelling is being determined;

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

(iii)the assured tenancy [F105or relevant occupation contract] permits the tenant to use exclusively or share the use of, as the case may be, the same number and type of rooms as the category of dwelling in relation to which the list is being compiled;

(b)include within it any rents which are of the same amount;

(c)where rent is payable other than weekly, use the figure which would be payable if the rent were to be payable weekly by—

(i)multiplying the rent by an appropriate figure to obtain the rent for a year;

(ii)dividing the total in (i) by 365; and

(iii)multiplying the total in (ii) by 7;

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

(e)exclude the amount of any rent which, in the rent officer’s opinion, is fairly attributable to the provision of services performed for, or facilities (including the use of furniture) provided for, or rights made available to, the tenant which are ineligible to be met by housing benefit.

(6) Sub-paragraph (7) applies where the rent officer is not satisfied that the list of rents in respect of any category of dwelling would contain sufficient rents, payable in the 12 month period ending on the 30th day of the September preceding the date of the determination for dwellings in the broad rental market area, to enable a local housing allowance to be determined which is representative of the rents that a landlord might reasonably be expected to obtain in that area.

(7) In a case where this sub-paragraph applies the rent officer may add to the list rents for dwellings in the same category in other areas in which a comparable market exists.

(8) The rent officer must use the list of rents to determine the rent at the 30th percentile in the list (“R”) by—

(a)where the number of rents on the list is a multiple of 10, applying the formula—

Where—

(i)

P is the position on the list found by multiplying the number of rents on the list by 3 and dividing by 10; and

(ii)

P1 is the following position on the list;

(b)where the number of rents on the list is not a multiple of 10, applying the formula—

Where—

  • P2 is the position on the list found by multiplying the number of rents on the list by 3 and dividing by 10 and rounding the result upwards to the nearest whole number.

F106(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Where the local housing allowance would otherwise not be a whole number of pence, it must be rounded to the nearest whole penny by disregarding any amount less than half a penny and treating any amount of half a penny or more as a whole penny.]

[F107(11) In this paragraph, “relevant occupation contract” means—

(a)a secure contract in relation to which the landlord is a registered social landlord, a private registered provider of social housing, or a private landlord,

(b)a standard contract, or

(c)an introductory standard contract in relation to which the landlord is a registered social landlord or a provider of social housing.]

Textual Amendments

Anomalous local housing allowancesE+W+S

3.—(1) [F108Subject to paragraph 3A, where—]

(a)the rent officer has determined the local housing allowance for each of the categories of dwelling in paragraph 1(1) in accordance with the preceding paragraphs of this Schedule; and

(b)the local housing allowance for a category of dwelling in paragraph 1(1)(b) [F109to (e)] is lower than the local housing allowance for any of the categories of dwelling which precede it,

that local housing allowance [F110is to] be the same as the highest local housing allowance which precedes it.

F111( 2 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F112Minimum local housing allowanceE+W+S

3A.  Where—

(a)the rent officer has determined the local housing allowance for each of the categories of dwelling in paragraph 1(1) in accordance with paragraph 2 and, where relevant, paragraph 3 (anomalous local housing allowances); and

(b)the local housing allowance as so determined for a category of dwelling is lower than the local housing allowance determined for that category of dwelling on 31st March 2020,

that local housing allowance is to be the same as the local housing allowance determined for that category of dwelling on 31st March 2020.]

Textual Amendments

Broad rental market areaE+W+S

[F1134.  In this Schedule “broad rental market area” means an area within which a person could reasonably be expected to live having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, taking account of the distance of travel, by public and private transport, to and from those facilities and services.

Textual Amendments

5.  A broad rental market area must contain—

(a)residential premises of a variety of types, including such premises held on a variety of tenures; and

(b)sufficient privately rented residential premises to ensure that, in the rent officer’s opinion, the local housing allowance for the categories of dwelling in the area for which the rent officer is required to determine a local housing allowance is representative of the rents that a landlord might reasonably be expected to obtain in that area.]]

Textual Amendments

F1145A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1156.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 7

SCHEDULE 4E+W+S SPECIAL CASES

HouseboatsE+W+S

1.  Where an application for a determination or a redetermination relates in whole or in part to mooring charges for a houseboat, this Order applies in relation to that application (or, as the case may be, to that part which relates to those charges) with the following modifications—

(a)references to a tenancy, a tenancy of a dwelling [F116or an assured tenancy][F116, an assured tenancy or an occupation contract] are references to an agreement under which those charges are payable (and references to a landlord and a tenant shall be construed accordingly); and

(b)no determination shall be made under paragraph 2 of Part I of Schedule 1 (size criteria) and references to the dwelling exceeding the size criteria shall not apply.

Textual Amendments

Mobile homesE+W+S

2.  Where an application for a determination or redetermination relates in whole or in part to payments in respect of the site on which a caravan or a mobile home stands, this Order applies in relation to that application (or, as the case may be, that part which relates to those payments) with the following modifications—

(a)references to a tenancy, a tenancy of a dwelling [F117or an assured tenancy][F117, an assured tenancy or an occupation contract] are references to an agreement under which those payments are payable (and references to a landlord and a tenant shall be construed accordingly); and

(b)no determination shall be made under paragraph 2 of Part I of Schedule 1 (size criteria) and references to the dwelling exceeding the size criteria shall not apply.

Textual Amendments

Rental purchase agreementsE+W+S

3.  Where an application for a determination or a redetermination relates to a rental purchase agreement, the agreement is to be treated as if it were a tenancy.