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[F1SCHEDULE 2E+W+SExcluded tenancies

12.  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—E+W+S

(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.]

Marginal Citations

M11988 c. 43; section 25 was amended by S.I. 1993/658.

M21988 c. 50; section 14 was amended by section 104 of and Schedule 8 to the Housing Act 1996 (c. 52) and S.I. 1993/651.