The Rent Officers (Housing Benefit Functions) Order 1997

Contents

Article 1Citation and commencement#

(1)This Order may be cited as the Rent Officers (Housing Benefit Functions) Order 1997.

(2)This article and articles 8 and 10(1) shall come into force on 18th August 1997 and all the other articles shall come into force on 3rd September 1997.

Article 2Interpretation#

(1)In this Order, unless the context otherwise requires—

(2)In this Order any reference to a notice or application is to a notice or application in writing, except in a case where the recipient consents (whether generally or specifically) to the notice or application being transmitted by electronic means.

• ^note...• “assured tenancy" has the same meaning as in Part I of the Housing Act 1988, except that it includes a tenancy which would be an assured tenancy but for paragraph 2 , 8 or 10 of Schedule 1 to that Act and a licence which would be an assured tenancy (within the extended meaning given in this definition) were it a tenancy;• “board and attendance determination” means a determination made in accordance with article 4C;• “broad rental market area” has the meaning specified in paragraph 4 of Part I of Schedule 3A or paragraph 4 of Schedule 3B, as the case may be, to this Order;“broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B;• “broad rental market area determination” means a determination made in accordance with article 4B(1) or 4B(1A), as the case may be;“broad rental market area determination” means a determination made in accordance with article 4B(1A);• “child" means a person under the age of 16;• “determination" means a determination made in accordance with Part I or IV of Schedule 1 to this Order;• “dwelling" means any residential accommodation whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;• “hostel” has the same meaning as in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations; “hostel” has the same meaning as in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations;• ^note “the Housing Benefit Regulations” mean the Housing Benefit Regulations 2006;• ^note “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;• “introductory standard contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 16 of that Act;• “local authority" has the same meaning as in the Social Security Administration Act 1992 ^note in relation to England and in relation to Wales;• “local housing allowance determination” means a determination made in accordance with article 4B(2) or article 4B(2A), as the case may be;“local housing allowance determination” means a determination made in accordance with article 4B(2A);• “occupation contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 7 of that Act);• “occupier" means a person (whether or not identified by name) who is stated, in the application for the determination, to occupy the dwelling as his home;• “pathfinder authority” means a local authority specified in column (1) of the table in Part II of Schedule 3A, on and after the date specified in column (2) of that table in relation to that authority;• “person who requires overnight care” has the meaning given by regulation 2(1) of the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations;• “private landlord” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 10 of that Act);• “private registered provider of social housing” has the meaning given by section 80(3) of the Housing and Regeneration Act 2008;• “redetermination" means a redetermination made in accordance with article 4;• “registered social landlord” means a person registered in the register maintained under section 1 of the Housing Act 1996;• “relevant date” means the date specified by a pathfinder authority in an application for a local housing allowance determination made in accordance with regulation 13A(4)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13A(4)(a) of the Housing Benefit (State Pension Credit) Regulations; “relevant date” means the date specified by a local authority in an application for a local housing allowance determination made in accordance with regulation 13D(7)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13D(7)(a) of the Housing Benefit (State Pension Credit) Regulations;• “relevant period” means–(a) in relation to a determination, the period of five working days (or, where the determination does not relate to a prospective tenancy and the rent officer intends to inspect the dwelling before making the determination, 25 working days) beginning with–(a) where the rent officer requests further information under article 5, the date on which he receives the information; and(ii) in any other case, the date on which he receives the application for the determination; and(b) in relation to a redetermination, the period of 20 working days beginning with–(a) where the rent officer requests further information under article 5, the date on which he receives the information; and(ii) in any other case, the date on which he receives the application for that redetermination;• “relevant time" means the time the application or board and attendance determination is made or, if earlier, the tenancy ends;• “rent” means any of the periodical payments referred to in regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations; “rent” means any of the periodical payments referred to in regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations;• “secure contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act);• “size criteria" means the standards relating to bedrooms and rooms suitable for living in specified in Schedule 2 to this Order;• “standard contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act), but does not include—(a) an introductory standard contract,(b) a prohibited conduct standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 116 of that Act), or(c) a supported standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 143 of that Act);• “tenancy" includes—(a) a licence; and(b) a prospective tenancy or licence; andreferences to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly; and• working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.• ^note^note...

Article 3Determinations#

(1)Subject to articles 3A and 6, where a local authority, in accordance with regulations made under section 136(2) or (3) of the Social Security Administration Act 1992 or section 122(5) of the Housing Act 1996, applies to a rent officer for determinations in respect of a tenancy of a dwelling, a rent officer shall—

(a)make the determinations in accordance with Part I of Schedule 1 (determinations);

(b)comply with Part II of Schedule 1 when making the determinations (assumptions etc.); and

(c)give notice in accordance with Part III of Schedule 1 (notifications) within the relevant period or as soon as is practicable after that period.

(2)A rent officer for each registration area (within the meaning of section 62 of the Rent Act 1977 ^note), on the first working day of each month, shall—

(a)make determinations in accordance with Part IV of Schedule 1 (indicative rent levels) in relation to the area of each local authority ^note... within the registration area;

(b)comply with paragraph 8(2) of Part II of Schedule 1 (assumptions etc.) when making the determinations; and

(c)give to the local authority notice of the determinations relating to its area when they have been made.

Article 3ATransitional arrangements for determination of Single Room Rents with effect from 2nd July 2001#

In a case where the rent officer has made and notified an authority of a determination of a single room rent pursuant to paragraph 5 of Schedule 1 in the period of 12 months before 2nd July 2001 that determination shall cease to have effect on ^note ... 2nd July 2001 and a rent officer shall—

(a)make a new determination of that single room rent in accordance with Part I of Schedule 1;

(b)comply with Part II of Schedule 1; and

(c)give notice in accordance with Part III of Schedule 1 within the relevant period or as soon as is practicable after that period;

without an application for a determination under ^note regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations having been made.

Article 4Redeterminations#

(1)Subject to article 6, where the local authority applies to a rent officer for a redetermination of any determination or redetermination in respect of a tenancy of a dwelling the rent officer shall, in accordance with Schedule 3–

(a)make redeterminations of any effective determinations and any effective redeterminations in respect of that tenancy; and

(b)give notice within the relevant period or as soon as is practicable after that period.

(2)For the purposes of paragraph (1)–

(a)“effective determinations” means any determinations made in accordance with Part I of Schedule 1 which have effect at the date of the application for a redetermination of a determination or redetermination; and

(b)“effective redeterminations” means any redeterminations made in accordance with Schedule 3 which have effect at that date.

(3)A rent officer whose advice is sought as provided for in Schedule 3 shall give that advice.

Article 4ASubstitute determinations and substitute redeterminations#

(1)Where a local authority applies to a rent officer for a substitute determination, in accordance with ^note regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations, the provisions of this Order shall apply to that substitute determination as they apply to a determination, but as if references to the relevant time were references to the date the application for the original determination was made or, if earlier, the date the tenancy ended.

(2)Where a local authority applies to a rent officer for a substitute redetermination, in accordance with that regulation, the provisions of this Order shall apply to that substitute redetermination as they apply to a redetermination.

Article 4BBroad rental market area determinations and local housing allowance determinations#

(1)

(a)

(b)

(i)in a case where the car has been tested under the ECE test procedure or the EEC test procedure, in the form set out in Part I of Schedule 5;

(ii)in a case where the car has been tested under the new EEC test procedure in the form set out in Part II of Schedule 5;

(1A)At such times as a rent officer considers appropriate, a rent officer shall, if the Secretary of State agrees, in relation to each local authority,—

(a)determine one or more broad rental market areas which will (during the month which next begins after the determination is made) fall, in whole or in part, within the area of the local authority so that every part of the area of that local authority falls within a broad rental market area and no part of the area of that authority falls within more than one broad rental market area; and

(b)give to that local authority a notice which—

(i)specifies the area contained within each broad rental market area as falls, in whole or in part, within the area of that authority, by reference to the postcodes for each such broad rental market area; and

(ii)identifies such of those postcodes as fall within the area of that authority.

(1B)The power in paragraph (1A) is not limited by paragraph 2(2) of Schedule 3B.

(2)Any reasonable expenses arising out of or in connection with the exercise of any power conferred on an authorised officer by this order shall, without prejudice to any proceedings for an offence against the Animal Health Act 1981, be recoverable on demand by the appropriate Minister as a civil debt from the owner or the person in charge of the processed animal protein or of the product containing processed animal protein in respect of which the power was exercised.

(a)

(i)in a case where the car has been tested under the ECE test procedure or the EEC test procedure, in the form set out in Part I of Schedule 5;

(ii)in a case where the car has been tested under the new EEC test procedure in the form set out in Part II of Schedule 5;

(b)

(2A)In 2014 and in each subsequent year, on the date specified in paragraph (2B), a rent officer shall—

(a)for each broad rental market area determine, in accordance with Schedule 3B, a local housing allowance for each of the categories of dwelling set out in paragraph 1 of Schedule 3B; and

(b)notify each local authority of the local housing allowance determination made in accordance with sub-paragraph (a) for each broad rental market area falling within, in whole or in part, the area of that authority.

(2B)The date specified for the purposes of paragraph (2A) is the last working day of January and also the 31st March 2020.

(3)An authorised officer may vary, revoke, or suspend a notice served under this order by a notice in writing served on the person on whom the notice to be varied, revoked or suspended was served.

(3A)Any broad rental market area determination made in accordance with paragraph (1A) shall take effect—

(a)on the day the determination is made for the purpose of enabling a rent officer to determine a local housing allowance for that area; and

(b)for all other purposes on the next 1st April following the day on which the determination is made.

(3B)Any local housing allowance determination made in accordance with paragraph (2A) shall take effect on the next 1st April following the day on which the determination is made , and the determinations made on the 31st March 2020 shall take effect (on 1st April 2020) in place of the determinations made on the 31st January 2020.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where a rent officer has made a local housing allowance determination in accordance with paragraph (4)—

(a)he shall give notice of the determination to the local authority that made the application;

(b)any local housing allowance determination made in accordance with sub-paragraph (4)(a) shall take effect for the month in which the relevant date falls , except that no such determination can have effect before 7th April 2008; and

(c)any local housing allowance determination made in accordance with sub-paragraph (4)(b) shall take effect for the month in which notice is given in accordance with sub-paragraph (a) , except that no such determination can have effect before 7th April 2008.

(6) Where a rent officer has made a local housing allowance determination in accordance with paragraph (2A) ^note ... he shall—

(a)make an approximate monthly allowance determination in relation to that local housing allowance determination; and

(b)give notice of the approximate monthly allowance determination to each authority to which he is required to give notice of the local housing allowance determination when he gives notice of that determination.

Article 4CBoard and attendance determinations and notifications#

(1)

(a)

(b)

(3)Where a rent officer determines that a substantial part of the rent under the tenancy at the relevant time is not fairly attributable to board and attendance, he shall notify the pathfinder authority accordingly.

(4)For the purpose of exercising his powers to seize any processed animal protein or any product containing processed animal protein under article 6 above an authorised officer may, subject to production of his authority on demand, enter any land, premises, place, vehicle or container taking with him such persons as he considers requisite. An officer entering under this paragraph shall, if required by the owner or the person in charge of the land, premises, place, vehicle or container, state his reasons for entering.

Article 4DBoard and attendance redeterminations#

(1)Subject to article 6, where a pathfinder authoritylocal authority applies to a rent officer for a redetermination of a board and attendance determination or board and attendance redetermination, the rent officer shall, in accordance with paragraph (2)—

(a)make a redetermination of—

(i)the board and attendance determination, provided it was made in accordance with article 4C and had effect at the date of the application for it to be redetermined; or

(ii)the board and attendance redetermination provided it was made in accordance with head (i), and had effect at the date of the application for it to be redetermined; and

(b)notify the pathfinder authority of the redetermination.

(2)When making a board and attendance redetermination under this article, the rent officer shall seek, and have regard to, the advice of one or two other rent officers in relation to the redetermination.

(3)A rent officer whose advice is sought in accordance with paragraph (2) shall give that advice.

(4)Article 4C shall apply in relation to a board and attendance redetermination but as if the references to the relevant time were references to the date on which the original application for a board and attendance determination was made, or if earlier, to the date on which the tenancy ended.

Article 4ESubstitute board and attendance determinations and substitute board and attendance redeterminations#

(1) Where a pathfinder authority local authority applies to a rent officer for a substitute board and attendance determination in accordance with ^note regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations , the provisions of this Order shall apply to that substitute board and attendance determination as they apply to a board and attendance determination but as if references to the relevant time were references to the date on which the original application for a board and attendance determination was made or, if earlier, the date on which the tenancy ended.

(2)Where a pathfinder authority applies to a rent officer for a substitute board and attendance redetermination in accordance with ^note regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations, the provisions of this Order shall apply to that substitute board and attendance redetermination as they apply to a board and attendance redetermination.

Article 5Insufficient information#

If a rent officer needs further information in order to make a determination under article 3(1), a redetermination under article 4, a board and attendance determination under article 4C or a board and attendance redetermination under article 4D, he shall serve notice on the local authority requesting that information where the information supplied under regulation 114A of the Housing Benefit Regulations or regulation 95A of the Housing Benefit (State Pension Credit) Regulations was incomplete or incorrect, he shall serve notice on the local authority requesting it to supply the further information required under regulation 114A or regulation 95A, as the case may be, or to confirm whether the information already supplied is correct and, if it is not, to supply the correct information^note....

Article 6Exceptions#

(1)No determination, redetermination, board and attendance determination or board and attendance redetermination shall be made if the application for it is withdrawn.

(2)No determination shall be made under paragraph 3, 4 or 5 of Part I of Schedule 1 if the tenancy is of residential accommodation, within the meaning of ^note regulation 9(4) of the Housing Benefit Regulations or, as the case may be, regulation 9(4) of the Housing Benefit (State Pension Credit) Regulations (registered homes etc.) ^note, or in a hostel.

(3)No determination shall be made under paragraph 5 of Part I of Schedule 1 unless the local authority states in the application that the claimant is, or may be, a young individual (which has the same meaning as in ^note the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations).

(4)If the rent officer becomes aware that an application is not one which gives rise to a duty to make a determination, redetermination, board and attendance determination or a board and attendance redetermination, the rent officer shall give the local authority notice to that effect.

Article 7Special cases#

(1)This Order shall apply as specified in Schedule 4 in relation to—

(a)mooring charges payable for a houseboat;

(b)payments in respect of the site on which a caravan or mobile home stands; or

(c)payments under a rental purchase agreement.

(2)Terms used in paragraph (1) have the same meaning in this article and in Schedule 4 as they have in ^note regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations (rents) ^note.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 7AErrors#

(1)If a rent officer is of the opinion that he has made an error (other than in the application of his professional judgement) in relation to a determination or redetermination, he shall notify the local authority which made the application for that determination or redetermination of the error as soon as practicable after he becomes aware of it.

(2)If a rent officer is of the opinion that he has made an error (other than in the application of his professional judgement) in relation to a board and attendance determination or board and attendance redetermination, he shall notify the pathfinder authority local authority which made the application for that board and attendance determination or board and attendance redetermination of the error as soon as practicable after he becomes aware of it.

(3)An authorised officer may vary, revoke, or suspend a notice served under this order by a notice in writing served on the person on whom the notice to be varied, revoked or suspended was served.

(4)If a rent officer is of the opinion that he has made an error (other than in the application of his professional judgement) in relation to a broad rental market area determination determined in accordance with article 4B(1A) or a local housing allowance determination determined in accordance with article 4B(2A), he shall notify any local authority to which notification of that determination was sent of the error, and the amended determination, as soon as practicable after he becomes aware of it.

Article 8Amendment to 1995 Order#

The Rent Officers (Additional Functions) Order 1995 shall be amended by the insertion at the end of article 6 (special cases) of the following—“3 In a case where the local authority states in the application that the rent includes charges for general counselling or any other support services which are eligible for housing benefit solely by virtue of paragraph 1(f)(iii) of Schedule 1 to the 1987 Regulations (landlord’s support services: supported accommodation) or solely by virtue of that provision and paragraph 1(f)(ii) of that Schedule, the rent officer shall assume when making a determination on a redetermination that—a the services were not to be provided or made available; andb the rent payable under the tenancy at the relevant time is such amount as is specified in the application as the rent which would have been payable under the tenancy at that time if those items were not to be provided or made available.4 In a case where the local authority states in the application that the rent includes charges for general counselling or any other support services and the charges—a are eligible for housing benefit by virtue of paragraph 1(f)(iii) of Schedule 1 to the 1987 Regulations (landlord’s support services: supported accommodation) or that provision and paragraph 1(f)(ii) of that Schedule; andb are also eligible for housing benefit by virtue of paragraph 1(f)(i) of that Schedule (support services: other exceptions);the rent officer shall include in the notice to the local authority, required under article 3(1)(c), a statement of the amount of the rent payable for the tenancy (which has the same meaning as in paragraph 3(1) of Schedule 1 to this Order) which relates to those charges.”

Article 9Revocations#

The Rent Officers (Additional Functions) Order 1995 ^note, the Rent Officers (Additional Functions) (Amendment) Order 1995 ^note, the Rent Officers (Additional Functions) (Amendment No. 2) Order 1995 ^note, the Rent Officers (Additional Functions) (Amendment) Order 1996 ^note and the Rent Officers (Additional Functions) (Amendment) Order 1997 ^note are hereby revoked.

Article 10Application#

(1)The amendment made by article 8 does not have effect in a case where an application for a determination is made before the date that article comes into force.

(2)The remaining articles of the Order (other than paragraph (1)) do not have effect in a case where an application is made for a determination before the date those articles come into force.

Schedule 1

Part I · Determinations

(1)

(1)The rent officer shall determine whether, in his opinion, the rent payable under the tenancy of the dwelling at the relevant time is significantly higher than the rent which the landlord might reasonably have been expected to obtain under the tenancy at that time.

(2)If the rent officer determines under sub-paragraph (1) that the rent is significantly higher, the rent officer shall also determine the rent which the landlord might reasonably have been expected to obtain under the tenancy at the relevant time.

(3)When making a determination under this paragraph, the rent officer shall have regard to the level of rent under similar tenancies of similar dwellings in the vicinity (or as similar as regards tenancy, dwelling and vicinity as is reasonably practicable) and shall assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy.

(4)For the purposes of this paragraph and paragraph 2 “vicinity” means—

(a)the area immediately surrounding the dwelling; or

(b)where, for the purposes of sub-paragraph (2)(c) of paragraph 2, there is no dwelling in the area immediately surrounding the dwelling which satisfies the description in heads (i), (ii) and (iii) of that sub-paragraph, the area nearest to the dwelling where there is such a dwelling.

(2)

(1)The rent officer shall determine whether the dwelling, at the relevant time, exceeds the size criteria for the occupiers.

(2)If the rent officer determines that the dwelling exceeds the size criteria, the rent officer shall also determine the rent which a landlord might reasonably have been expected to obtain, at the relevant time, for a tenancy which is—

(a)similar to the tenancy of the dwelling;

(b)on the same terms other than the term relating to the amount of rent; and

(c)of a dwelling which is in the same vicinity as the dwelling, but which—

(i)accords with the size criteria for the occupiers;

(ii)is in a reasonable state of repair; and

(iii)corresponds in other respects, in the rent officer’s opinion, as closely as is reasonably practicable to the dwelling.

(3)When making a determination under sub-paragraph (2), the rent officer shall have regard to the same matter and make the same assumption as specified in paragraph 1(3), except that in judging the similarity of other tenancies and dwellings the comparison shall be with the tenancy of the second dwelling referred to in sub-paragraph (2) and shall assume that no one who would have been entitled to housing benefit had sought or is seeking that tenancy.

(3)

(1)The rent officer shall determine whether, in his opinion, the rent payable for the tenancy of the dwelling at the relevant time is exceptionally high.

(2)In sub-paragraph (1) “rent payable for the tenancy" means—

(a)where a determination is made under sub-paragraph (2) of paragraph 2, the rent determined under that sub-paragraph;

(b)where no determination is so made and a determination is made under sub-paragraph (2) of paragraph 1, the rent determined under that sub-paragraph; and

(c)in any other case, the rent payable under the tenancy at the relevant time.

(3)If the rent officer determines under sub-paragraph (1) that the rent is exceptionally high, the rent officer shall also determine the highest rent, which is not an exceptionally high rent and which a landlord might reasonably have been expected to obtain at the relevant time (on the assumption that no one who would have been entitled to housing benefit had sought or is seeking the tenancy) for an assured tenancy of a dwelling in England, or an occupation contract of a dwelling in Wales, which—

(a)is in the same neighbourhood as the dwelling;

(b)has the same number of bedrooms and rooms suitable for living in as the dwelling (or, where the dwelling exceeds the size criteria for the occupiers, accords with the size criteria); and

(c)is in a reasonable state of repair.

(4)For the purpose of determining whether a rent is an exceptionally high rent under this paragraph, the rent officer shall have regard to the levels of rent under assured tenancies or occupation contracts of dwellings which—

(a)are in the same neighbourhood as the dwelling (or in as similar a locality as is reasonably practicable); and

(b)have the same number of bedrooms and rooms suitable for living in as the dwelling (or, in a case where the dwelling exceeds the size criteria for the occupiers, accord with the size criteria).

(5)For the purposes of this paragraph and paragraph 4(6) “neighbourhood” means—

(a)where the dwelling is in a town or city, the part of that town or city where the dwelling is located which is a distinct area of residential accommodation; or

(b)where the dwelling is not in a town or city, the area surrounding the dwelling which is a distinct area of residential accommodation and where there are dwellings satisfying the description in sub-paragraph (4)(b).

(4)

(1)The rent officer shall make a determination of a local reference rent in accordance with the formula—

(2)The criteria are—

(a)that the dwelling under the assured tenancy or occupation contract—

(i)is in the same broad rental market area (local reference rent) as the dwelling;

(ii)is in a reasonable state of repair; and

(iii)has the same number of bedrooms and rooms suitable for living in as the dwelling (or, in a case where the dwelling exceeds the size criteria for the occupiers, accords with the size criteria); and

(b)if the tenant does not have the use under the tenancy of the dwelling at the relevant time of more than one bedroom or room suitable for living in and neither the tenant nor the tenant’s partner is a person who requires overnight care—

(i)that under the assured tenancy or occupation contract the tenant does not have the use of more than one bedroom or room suitable for living in;

(ii)if the rent under the tenancy at the relevant time includes payments for board and attendance and the rent officer considers the amount fairly attributable to board and attendance is a substantial part of the rent, that a substantial part of the rent under the assured tenancy or occupation contract is fairly attributable to board and attendance;

(iii)if sub-paragraph (ii) does not apply and the tenant shares a kitchen, toilet, bathroom and room suitable for living in with a person other than a member of his household, a non-dependant or a person who pays rent to the tenant, that the assured tenancy or occupation contract provides for the tenant to share a kitchen, toilet, bathroom and room suitable for living in; and

(iv)if sub-paragraphs (ii) and (iii) do not apply, that the circumstances described in sub-paragraphs (ii) and (iii) do not apply in relation to the assured tenancy or occupation contract.

(3)Where ascertaining H and L under sub-paragraph (1), the rent officer:

(a)shall assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and

(b)shall exclude the amount of any rent which, in the rent officer’s opinion, is fairly attributable to the provision of services which are ineligible to be met by housing benefit; ^note...

(c)^note...

(4)In sub-paragraph (2)(b)—

(5)In sub-paragraph (3), “services" means services performed or facilities (including the use of furniture) provided for, or rights made available to, the tenant, but not , in the case of a tenancy where a substantial part of the rent under the tenancy is fairly attributable to board and attendance, the provision of meals (including the preparation of meals or provision of unprepared food).

(6)For the purposes of this paragraph and paragraph 5 “broad rental market area (local reference rent)” means the area within which a tenant of the dwelling could reasonably be expected to live having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, taking account of the distance of travel, by public and private transport, to and from those facilities and services.

(7)A broad rental market area (local reference rent) must contain—

(a)residential premises of a variety of types, including such premises held on a variety of tenures; and

(b)sufficient privately rented residential premises, to ensure that, in the rent officer’s opinion, the local reference rents for tenancies in the area are representative of the rents that a landlord might reasonably be expected to obtain in that area.

• “bedroom or room suitable for living in" does not include a room which the tenant shares with any person other than—(a) a member of his household;(b) a non-dependant (as defined in this sub-paragraph); or(c) a person who pays rent to the tenant; and• ^note “non-dependant” means a non-dependant of the tenant within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations;

(5)

(1)The rent officer shall determine a single room rent in accordance with the following formula—

(2)The criteria are—

(a)that the dwelling under the assured tenancy or occupation contract is in the same broad rental market area (local reference rent) as the dwelling and is in a reasonable state of repair;

(b)that, under the assured tenancy or occupation contract, the tenant—

(i)has the exclusive use of one bedroom;

(ii)does not have the use of any other bedroom ^note...;

(iii)shares the use of a toilet and bathroom; and

(iv)shares the use of a kitchen and does not have the exclusive use of facilities for cooking food; and

(iia)shares the use of a room suitable for living in

(c)that the rent does not include any payment for board and attendance.

(3)Sub-paragraphs ^note(3) and (5) of paragraph 4 apply when ascertaining H and L under ^notethis paragraph as if the reference in those sub-paragraphs to H and L were to H and L under this paragraph.

(6)

(1)

(a)

(b)

(c)

(d)

(2)

(2A)The rent officer shall determine that the claim-related rent is—

(a)where he makes a determination under sub-paragraph (2) of paragraph 1, sub-paragraph (2) of paragraph 2 and sub-paragraph (3) of paragraph 3, the lowest of the three rents determined under those sub-paragraphs;

(b)where he makes a determination under only two of the sub-paragraphs referred to in paragraph (a), the lower of the two rents determined under those sub-paragraphs;

(c)where he makes a determination under only one of the sub-paragraphs referred to in paragraph (a), the rent determined under that sub-paragraph;

(d)where he does not make a determination under any of the sub-paragraphs referred to in sub-paragraph (a), the rent payable under the tenancy of the dwelling at the relevant time.

(3)Where the dwelling is not in a hostel, the rent officer shall also determine the total amount of ineligible charges, as defined in paragraph 7, which he has not included in the claim-related rent because of the assumptions made in accordance with that paragraph.

Part II · ASSUMPTIONS etc.

(7)

(1)

(a)

(b)

(2)When making a determination under paragraph 1, 2 or 3 of this Schedule, the rent officer shall assume that–

(a) the items to which the ineligible charges relate; ^note ...

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

were not to be provided or made available.

(3)

(a)

(b)

(4)The total of any ineligible charges, referred to in sub-paragraph (3), shall be the total of the amounts (excluding any amount which he considers is negligible) of any charges included in the notified amount or the stated amount, as the case may be, which, in the rent officer’s opinion, are at the relevant time fairly attributable to any items to which ineligible charges relate.

(8)

(1)In a caseIn relation to England, in a case where the local authority states in the application that the landlord is a housing association or a charity, the rent officer shall assume that the landlord is not such a body.

(2)The rent officerIn relation to England, the rent officer shall not take into account the rent under any tenancy where the landlord is a housing association or where the landlord is a charity and the dwelling is provided by the landlord in the pursuit of its charitable purposes.

(3)In this paragraph—

• “charity" has the same meaning as in the Charities Act 1993 ^note, except that it includes a Scottish charity (which has the same meaning as in section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 ^note); and• “community landlord” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 9 of that Act);• “housing association" has the same meaning as in the Housing Associations Act 1985 ^note.

Part III · Notifications of part I determinations

(9)

(1)Subject to sub-paragraph (2), the rent officer shall give notice to the local authority of–

(a)the claim-related rent determined under Part I;

(b)where the dwelling is not in a hostel, the total amount of ineligible charges determined under paragraph 6(3) in relation to that claim-related rent;

(c)

(d)any rent determined by the rent officer under paragraph 4 (local reference rents); and

(da)where any rent determined under paragraph 4 includes an amount which would be ineligible for housing benefit under the provisions referred to in sub-paragraph (c), the inclusion of an ineligible amount in respect of meals; and

(e)any rent determined by the rent officer under paragraph 5 (single room rents).

(2)If the rent officer determines a rent under—

(a)paragraph 4 (local reference rents); or

(b)paragraph 5 (single room rents);

which is equal to or more than the claim-related rent, the rent officer shall give notice to the local authority of this in place of giving notice of the determination made under paragraph 4 or, as the case may be, paragraph 5 ^note....

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV · Indicative rent levels

(11)

(1)The rent officer shall determine the indicative rent level for each category described in sub-paragraph (3) in accordance with the following formula—

(2)The criteria are that—

(a)the dwelling is in the area of the local authority;

(b)the dwelling is in a reasonable state of repair; and

(c)the dwelling and tenancy accord with the category to which the determination relates.

(3)The categories for the purposes of this paragraph are—

(a)a dwelling where the tenant does not have use of more than one room where a substantial part of the rent under the tenancy is fairly attributable to board and attendance;

(b)a dwelling where the tenant does not have use of more than one room, the tenancy provides for him to share a kitchen or toilet and paragraph (a) does not apply;

(c)a dwelling where the tenant does not have use of more than one room and where paragraphs (a) and (b) do not apply;

(d)a dwelling where the tenant does not have use of more than two rooms and where none of paragraphs (a) to (c) applies;

(e)a dwelling where the tenant does not have use of more than three rooms and where none of paragraphs (a) to (d) applies;

(f)a dwelling where the tenant does not have use of more than four rooms and where none of paragraphs (a) to (e) applies;

(g)a dwelling where the tenant does not have use of more than five rooms and where none of paragraphs (a) to (f) applies; and

(h)a dwelling where the tenant does not have use of more than six rooms and where none of paragraphs (a) to (g) applies.

(4)When ascertaining H and L under sub-paragraph (1), the rent officer:

(a)shall assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and

(b)shall exclude the amount of any rent which, in the rent officer’s opinion, is fairly attributable to the provision of services which are ineligible to be met by housing benefit; ^note...

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this paragraph—

• “room" means a bedroom or room suitable for living in and in paragraphs (a), (b) and (c) of sub-paragraph (3) does not include a room which the tenant shares with any person other than—(a) a member of his household;(b) a non-dependant of the tenant (within the meaning of ^note regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations); or(c) a person who pays rent to the tenant; and• “services" has the meaning given by paragraph 4(5).

Schedule 2 · Size criteria

(1)One bedroom or room suitable for living in shall be allowed for each of the following categories of occupier (and each occupier shall come within only the first category for which he is eligible)—

(a)a couple^note...;

(b)a person who is not a child;

(ba)a child who cannot share a bedroom;

(c)two children of the same sex;

(d)two children who are less than ten years old;

(e)a child.

(za)a member of a couple who cannot share a bedroom;

(zb)a member of a couple who can share a bedroom;

but the claimant is only entitled to a bedroom in respect of a child who cannot share a bedroom or a member of a couple who cannot share a bedroom if there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child or the member of the couple were able to share a bedroom.

(1A)One additional bedroom is allowed where on the application for the determination—

(a)one or more of the following persons is stated as being a person who requires overnight care—

(i)the tenant;

(ii)the tenant’s partner;

(iii)a person (other than the tenant or the tenant’s partner) who occupies the dwelling as their home;

(iv)a child or young person in respect of whom the tenant or the tenant’s partner is a qualifying parent or carer; or

(b)the tenant or the tenant’s partner is (or both of them are) stated as being a qualifying parent or carer.

(1B)Two additional bedrooms are allowed where sub-paragraphs (a) and (b) of paragraph 1A both apply.

(2)The number of rooms (excluding any allowed under paragraph 1) suitable for living in allowed are—

(a)if there are less than four occupiers, one;

(b)if there are more than three and less than seven occupiers, two; and

(c)in any other case, three.

(3)In this Schedule “child who cannot share a bedroom, “couple”, “member of a couple who cannot share a bedroom” and “qualifying parent or carer” have the meaning given by regulation 2(1) of the Housing Benefit Regulations and reference to a member of a couple who can share a bedroom is to be construed in accordance with regulation 2(6) of those Regulations.

Schedule 3 · Redeterminations

(1)Schedules 1 and 2 shall apply in relation to a redetermination as they apply to a determination, but as if references in those Schedules to the relevant time were references to the date the application for the original determination was made or, if earlier, the date the tenancy ended.

(2)The rent officer making the redetermination shall seek and have regard to the advice of one or two other rent officers in relation to the redetermination.

Schedule 3A · Part I

(1)

(a)

(i)

(ii)was both a lone parent and entitled to income support on any day during the period of 12 weeks commencing on 6th April 1998; and

(iii)the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.

(b)

(c)

(d)

(e)regulation 18;

(f)regulation 19(1) and (2);

(2)

(a)

(b)

(c)

(2)

Blackpool	17th November 2003
Brighton and Hove	2nd February 2004
Conwy	9th February 2004
Coventry	12th January 2004
East Riding of Yorkshire	18th April 2005
Guildford	4th July 2005
Leeds	9th February 2004
Lewisham	1st December 2003
North East Lincolnshire	9th February 2004
Norwich	13th June 2005
Pembrokeshire	20th June 2005
St Helens	23rd May 2005
Salford	25th July 2005
South Norfolk	6th June 2005
Teignbridge	12th January 2004
Wandsworth	11th April 2005.

(1)

(2)

(a)

(i)

(ii)was both a lone parent and entitled to income support on any day during the period of 12 weeks commencing on 6th April 1998; and

(b)

(i)

(ii)was both a lone parent and entitled to income support on any day during the period of 12 weeks commencing on 6th April 1998; and

(iii)the last day in respect of which (i) above applied was no more than 12 weeks before the first day in respect of which (ii) above applied.

(c)

(3)

(a)

(b)

(4)

(a)

(b)

(3)

(1)

(2)

(a)

(b)

(c)

(3)

(4)In this Schedule “broad rental market area” means an area—

(a)

(b)

(c)

Schedule 3B · Broad rental market area determinations and local housing allowance determinations

(1)

(1)The categories of dwelling for which a rent officer is required to determine a local housing allowance in accordance with article 4B(2A)(a) are—

(a)a dwelling where the tenant has the exclusive use of only one bedroom and where the tenancy provides for him to share the use of one or more of—

(i)a kitchen;

(ii)a bathroom;

(iii)a toilet; or

(iv)a room suitable for living in;

(b)a dwelling where the tenant (together with his partner where he has one) has the exclusive use of only one bedroom and exclusive use of a kitchen, a bathroom, a toilet and a room suitable for living in;

(c)a dwelling where the tenant has the use of only two bedrooms;

(d)a dwelling where the tenant has the use of only three bedrooms;

(e)a dwelling where the tenant has the use of only four bedrooms;

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In—

(a) sub-paragraph (1)(b) “partner” has the same meaning as in regulation 2 of the Housing Benefit Regulations or, as the case may be, regulation 2 of the Housing Benefit (State Pension Credit) Regulations ;

(b)sub-paragraph (1)(c) to (e) “bedroom” means a bedroom, except for a bedroom which the tenant shares with any person other than—

(i)a member of his household;

(ii) a non-dependant of the tenant (within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations ); or

(iii)a person who pays rent to the tenant.

(2)

(1)Subject to paragraphs 3 (anomalous local housing allowances and 3A (minimum local housing allowance)), the rent officer must determine a local housing allowance for each category of dwelling in paragraph 1 as follows.

(2)The local housing allowance for any category of dwelling is the lower of—

(a)the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8); and

(b)for a category of dwelling listed in column 1 of the following table, the amount listed in column 2 of that table (maximum local housing allowance)—

(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(a)

(b)

(5)In compiling the list of rents, the rent officer must—

(a)include within it the rent of an assured tenancy or a relevant occupation contract, as the case may be, in relation to each category of dwelling if—

(i)the dwelling let under the assured tenancy or relevant occupation contract is in the broad rental market area for which the local housing allowance for that category of dwelling is being determined;

(ii)the dwelling is in a reasonable state of repair; and

(iii)the assured tenancy or relevant occupation contract permits the tenant to use exclusively or share the use of, as the case may be, the same number and type of rooms as the category of dwelling in relation to which the list is being compiled;

(b)include within it any rents which are of the same amount;

(c)where rent is payable other than weekly, use the figure which would be payable if the rent were to be payable weekly by—

(i)multiplying the rent by an appropriate figure to obtain the rent for a year;

(ii)dividing the total in (i) by 365; and

(iii)multiplying the total in (ii) by 7;

(d)assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and

(e)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.

(6)Sub-paragraph (7) applies where the rent officer is not satisfied that the list of rents in respect of any category of dwelling would contain sufficient rents, payable in the 12 month period ending on the 30th day of the September preceding the date of the determination for dwellings in the broad rental market area, to enable a local housing allowance to be determined which is representative of the rents that a landlord might reasonably be expected to obtain in that area.

(7)In a case where this sub-paragraph applies the rent officer may add to the list rents for dwellings in the same category in other areas in which a comparable market exists.

(8)The rent officer must use the list of rents to determine the rent at the 30th percentile in the list (“R”) by—

(a)where the number of rents on the list is a multiple of 10, applying the formula—

(b)where the number of rents on the list is not a multiple of 10, applying the formula—

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Where the local housing allowance would otherwise not be a whole number of pence, it must be rounded to the nearest whole penny by disregarding any amount less than half a penny and treating any amount of half a penny or more as a whole penny.

(11)

(a)a secure contract in relation to which the landlord is a registered social landlord, a private registered provider of social housing, or a private landlord,

(b)a standard contract, or

(c)an introductory standard contract in relation to which the landlord is a registered social landlord or a provider of social housing.

(3)

(1)Subject to paragraph 3A, where—

(a)the rent officer has determined the local housing allowance for each of the categories of dwelling in paragraph 1(1) in accordance with the preceding paragraphs of this Schedule; and

(b)the local housing allowance for a category of dwelling in paragraph 1(1)(b) to (e) is lower than the local housing allowance for any of the categories of dwelling which precede it,

that local housing allowance is to be the same as the highest local housing allowance which precedes it.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A)Where—

(a)the rent officer has determined the local housing allowance for each of the categories of dwelling in paragraph 1(1) in accordance with paragraph 2 and, where relevant, paragraph 3 (anomalous local housing allowances); and

(b)the local housing allowance as so determined for a category of dwelling is lower than the local housing allowance determined for that category of dwelling on 31st March 2020,

that local housing allowance is to be the same as the local housing allowance determined for that category of dwelling on 31st March 2020.

(4)In this Schedule “broad rental market area” means an area within which a person could reasonably be expected to live having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, taking account of the distance of travel, by public and private transport, to and from those facilities and services.

(5)A broad rental market area must contain—

(a)residential premises of a variety of types, including such premises held on a variety of tenures; and

(b)sufficient privately rented residential premises to ensure that, in the rent officer’s opinion, the local housing allowance for the categories of dwelling in the area for which the rent officer is required to determine a local housing allowance is representative of the rents that a landlord might reasonably be expected to obtain in that area.

(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 4 · Special cases

(1)Where an application for a determination or a redetermination relates in whole or in part to mooring charges for a houseboat, this Order applies in relation to that application (or, as the case may be, to that part which relates to those charges) with the following modifications—

(a)references to a tenancy, a tenancy of a dwelling or an assured tenancy, an assured tenancy or an occupation contract are references to an agreement under which those charges are payable (and references to a landlord and a tenant shall be construed accordingly); and

(b)no determination shall be made under paragraph 2 of Part I of Schedule 1 (size criteria) and references to the dwelling exceeding the size criteria shall not apply.

(2)Where an application for a determination or redetermination relates in whole or in part to payments in respect of the site on which a caravan or a mobile home stands, this Order applies in relation to that application (or, as the case may be, that part which relates to those payments) with the following modifications—

(a)references to a tenancy, a tenancy of a dwelling or an assured tenancy, an assured tenancy or an occupation contract are references to an agreement under which those payments are payable (and references to a landlord and a tenant shall be construed accordingly); and

(b)no determination shall be made under paragraph 2 of Part I of Schedule 1 (size criteria) and references to the dwelling exceeding the size criteria shall not apply.

(3)Where an application for a determination or a redetermination relates to a rental purchase agreement, the agreement is to be treated as if it were a tenancy.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 42

Show every defined term

assured tenancy
has the same meaning as in Part I of the Housing Act 1988, except that it includes a tenancy which would be an assured tenancy but for paragraph 2, 8 or 10 of Schedule 1 to that Act and a licence which would be an assured tenancy (within the extended meaning given in this definition) were it a tenancy;
bedroom
means a bedroom, except for a bedroom which the tenant shares with any person other than—
board and attendance determination
means a determination made in accordance with article 4C;
broad rental market area
has the meaning specified in paragraph 4 of Schedule 3B;
broad rental market area (local reference rent)
means the area within which a tenant of the dwelling could reasonably be expected to live having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, taking account of the distance of travel, by public and private transport, to and from those facilities and services.
broad rental market area determination
means a determination made in accordance with article 4B(1A);
charity
has the same meaning as in the Charities Act 1993, except that it includes a Scottish charity (which has the same meaning as in section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990);
child
means a person under the age of 16;
community landlord
has the meaning given by the Renting Homes (Wales) Act 2016 (see section 9 of that Act);
determination
means a determination made in accordance with Part I or IV of Schedule 1 to this Order;
dwelling
means any residential accommodation whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;
effective determinations
means any determinations made in accordance with Part I of Schedule 1 which have effect at the date of the application for a redetermination of a determination or redetermination;
effective redeterminations
means any redeterminations made in accordance with Schedule 3 which have effect at that date.
hostel
has the same meaning as in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations;
housing association
has the same meaning as in the Housing Associations Act 1985.
introductory standard contract
has the meaning given by the Renting Homes (Wales) Act 2016 (see section 16 of that Act;
local authority
has the same meaning as in the Social Security Administration Act 1992 in relation to England and in relation to Wales;
local housing allowance determination
means a determination made in accordance with article 4B(2A);
neighbourhood
means—
non-dependant
means a non-dependant of the tenant within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations;
occupation contract
has the meaning given by the Renting Homes (Wales) Act 2016 (see section 7 of that Act);
occupier
means a person (whether or not identified by name) who is stated, in the application for the determination, to occupy the dwelling as his home;
partner
has the same meaning as in regulation 2 of the Housing Benefit Regulations or, as the case may be, regulation 2 of the Housing Benefit (State Pension Credit) Regulations;
person who requires overnight care
has the meaning given by regulation 2(1) of the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations;
private landlord
has the meaning given by the Renting Homes (Wales) Act 2016 (see section 10 of that Act);
private registered provider of social housing
has the meaning given by section 80(3) of the Housing and Regeneration Act 2008;
redetermination
means a redetermination made in accordance with article 4;
registered social landlord
means a person registered in the register maintained under section 1 of the Housing Act 1996;
relevant date
means the date specified by a local authority in an application for a local housing allowance determination made in accordance with regulation 13D(7)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13D(7)(a) of the Housing Benefit (State Pension Credit) Regulations;
relevant occupation contract
means—
relevant period
means– (a) in relation to a determination, the period of five working days (or, where the determination does not relate to a prospective tenancy and the rent officer intends to inspect the dwelling before making the determination, 25 working days) beginning with– (a) where the rent officer requests further information under article 5, the date on which he receives the information;
relevant time
means the time the application or board and attendance determination is made or, if earlier, the tenancy ends;
rent
means any of the periodical payments referred to in regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations;
rent payable for the tenancy
means—
room
means a bedroom or room suitable for living in and in paragraphs (a), (b) and (c) of sub-paragraph (3) does not include a room which the tenant shares with any person other than— (a) a member of his household;
secure contract
has the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act);
services
means services performed or facilities (including the use of furniture) provided for, or rights made available to, the tenant, but not, in the case of a tenancy where a substantial part of the rent under the tenancy is fairly attributable to board and attendance, the provision of meals (including the preparation of meals or provision of unprepared food).
size criteria
means the standards relating to bedrooms and rooms suitable for living in specified in Schedule 2 to this Order;
standard contract
has the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act), but does not include— (a) an introductory standard contract, (b) a prohibited conduct standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 116 of that Act), or (c) a supported standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 143 of that Act);
tenancy
includes— (a) a licence;
the Housing Benefit (State Pension Credit) Regulations
means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;
vicinity
means—

Article 1Citation and commencement#

Article 2Interpretation#

Article 3Determinations#

Article 3ATransitional arrangements for determination of Single Room Rents with effect from 2nd July 2001#

Article 4Redeterminations#

Article 4ASubstitute determinations and substitute redeterminations#

Article 4BBroad rental market area determinations and local housing allowance determinations#

Article 4CBoard and attendance determinations and notifications#

Article 4DBoard and attendance redeterminations#

Article 4ESubstitute board and attendance determinations and substitute board and attendance redeterminations#

Article 5Insufficient information#

Article 6Exceptions#

Article 7Special cases#

Article 7AErrors#

Article 8Amendment to 1995 Order#

Article 9Revocations#

Article 10Application#

Defined terms · 42

Key facts

History · 8 versions

Connections

Article 1Citation and commencement#

Article 2Interpretation#

Article 3Determinations#

Article 3ATransitional arrangements for determination of Single Room Rents with effect from 2nd July 2001#

Article 4Redeterminations#

Article 4ASubstitute determinations and substitute redeterminations#

Article 4BBroad rental market area determinations and local housing allowance determinations#

Article 4CBoard and attendance determinations and notifications#

Article 4DBoard and attendance redeterminations#

Article 4ESubstitute board and attendance determinations and substitute board and attendance redeterminations#

Article 5Insufficient information#

Article 6Exceptions#

Article 7Special cases#

Article 7AErrors#

Article 8Amendment to 1995 Order#

Article 9Revocations#

Article 10Application#