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

[F1Formula for local housing allowance for category of dwelling in paragraph 1(1)(a)S

2.—[F2(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.]]

Textual Amendments

F2Sch. 3A omitted (7.4.2008 for specified purposes) by virtue of The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 15(8) (with arts. 2, 11, 15(1)(2))