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Valid from 01/12/2022
6. When making a determination of rent for a dwelling under these Regulations, a rent assessment committee must determine the rent at which it considers the dwelling concerned might reasonably be expected to be let in the open market by a willing landlord under the same type of relevant converted contract as that to which the notice under section 104 or 123 of the Act relates, assuming that—
(a)the relevant converted contract begins on the date specified in the notice under section 104 or 123 of the Act,
(b)the granting of a contract to a sitting contract-holder has no effect on the rent,
(c)any increase in the value of the dwelling attributable to a relevant improvement carried out by a person who at the time it was carried out was the relevant tenant or licensee or relevant contract-holder has no effect on the rent, if the improvement was carried out—
(i)otherwise than in pursuance of an obligation to the immediate landlord, or
(ii)pursuant to an obligation to the immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement,
(d)any reduction in the value of the dwelling attributable to a failure by the relevant tenant or licensee or relevant contract-holder to comply with any terms of the relevant preceding tenancy or licence or relevant converted contract has no effect on the rent,
(e)where the landlord or a superior landlord is liable to pay council tax in respect of a hereditament of which the dwelling forms part, under Part 1 of the Local Government Finance Act 1992, the amount of council tax which, as at the date on which the notice under section 104 or 123 was served, was set by the billing authority—
(i)for the financial year in which the notice was served, and
(ii)for the category of dwellings within which the relevant hereditament fell on that date,
has an effect on the rent, but any discount or other reduction affecting the amount of council tax payable has no effect on the rent, and
(f)neither the landlord nor a superior landlord is paying rates in respect of the dwelling.