The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997

Exceptionally high rents 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 [F1 at 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 which–

(a) is in the same [F2 neighbourhood] 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 of dwellings which–

(a) are in the same [F3 neighbourhood] 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 of criteria).

[F4 (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

F1 Words in Sch. 1 para. 3(2)(c) inserted (3.4.2000) by The Rent Officers (Housing Benefit Functions) (Scotland) Amendment Order 2000 (S.I. 2000/3), arts. 1(1), 9

F2 Word in Sch. 1 para. 3(3)(a) substituted (6.11.2001) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2001 (S.I. 2001/3561), arts. 1, 3(4)(a)

F3 Word in Sch. 1 para. 3(4)(a) substituted (6.11.2001) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2001 (S.I. 2001/3561), arts. 1, 3(4)(a)

F4 Sch. 1 para. 3(5) added (6.11.2001) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2001 (S.I. 2001/3561), arts. 1, 3(4)(b)