F1SCHEDULE 2Excluded tenancies
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In this Schedule, “rent” shall be construed in accordance with paragraph (10) of regulation 14 (interpretation of “tenancy” and other expressions appropriate to a tenancy) and, subject to that paragraph, has the same meaning—
a
in Scotland, as in section 25 of the Housing (Scotland) Act 1988 M1, except that the reference to the house in subsection (3) shall be construed as a reference to the dwelling;
b
in any other case, as in section 14 of the Housing Act 1988 M2, except that the reference to the dwelling-house in subsection (4) shall be construed as a reference to the dwelling,
and—
i
other expressions have the same meanings as in regulation 14(10);
ii
in the case of a determination by a rent officer pursuant to a request for such a determination under regulation 14(1)(e), any reference to a “tenancy” shall be taken as a reference to a prospective tenancy and any reference to an “occupier” or any person “occupying” a dwelling shall, in the case of such a determination, be taken to be a reference to a potential occupier or potential occupation of that dwelling.
Sch. 2 substituted (7.4.2008) by The Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), regs. 1(3), 18 (with reg. 1(6))