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There are currently no known outstanding effects for the The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997, Paragraph 5.
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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 reasonable have been expected to obtain, at the relevant time, for an assured tenancy of a dwelling 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 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 is in the same [F1broad rental market area (local reference rent)] as the dwelling and is in a reasonable state of repair;
(b)that, under the assured tenancy, the tenant–
(i)has the exclusive use of one bedroom;
(ii)does not have the use of any other bedroomF2...;
[F3(iia)shares the use of a room suitable for living in]
(iii)shares the use of a toilet [F4and 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 [F5(3) and (5)] of paragraph 4 apply when ascertaining H and L under [F6this 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(2) substituted (5.1.2009) by The Rent Officers (Housing Benefit Functions) Amendment (No. 2) Order 2008 (S.I. 2008/3156), arts. 1, 3(3)(b)
F2Words in Sch. 1 para. 5(2)(b)(ii) deleted (2.7.2001) by The Rent Officers (Housing Benefit Functions) (Scotland) (Amendment) Order 2001 (S.I. 2001/1326), arts. 1(1), 4(a)
F3Sch. 1 para. 5(2)(b)(iia) inserted (2.7.2001) by The Rent Officers (Housing Benefit Functions) (Scotland) (Amendment) Order 2001 (S.I. 2001/1326), arts. 1(1), 4(b)
F4Words in Sch. 1 para. 5(2)(b)(iii) inserted (2.7.2001) by The Rent Officers (Housing Benefit Functions) (Scotland) (Amendment) Order 2001 (S.I. 2001/1326), arts. 1(1), 4(c)
F5Words in Sch. 1 para. 5(3) substituted (13.3.2005) by The Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2005 (S.I. 2005/236), arts. 1(2), 6(a)
F6Words in Sch. 1 para. 5(3) substituted (13.3.2005) by The Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2005 (S.I. 2005/236), arts. 1(2), 6(b)
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