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5.—(1) The Executive shall decide a single room rent in accordance with the following formula—
where—
S is the single room rent;
H is the highest rent, in the Executive’s opinion—
which a landlord might reasonably have been expected to obtain, at the relevant time, for an uncontrolled tenancy of a dwelling which meets the criteria in sub-paragraph (2); and
which is not an exceptionally high rent; and
L is the lowest rent, in the Executive’s opinion—
which a landlord might reasonably have been expected to obtain, at the relevant time, for an uncontrolled tenancy of a dwelling which meets the criteria in sub-paragraph (2); and
which is not an exceptionally low rent.
(2) The criteria are—
(a)that the dwelling under the uncontrolled tenancy is in the same locality as the dwelling and is in a reasonable state of repair;
(b)that, under the uncontrolled tenancy, the tenant—
(i)has the exclusive use of one bedroom;
(ii)does not have the use of any other bedroom;
(iii)shares the use of a room suitable for living in;
(iv)shares the use of a toilet and bathroom, and
(v)shares the use of a kitchen and does not have the exclusive use of facilities for cooking food; and
(c)that the rent does not include any payment for board and attendance.
(3) Sub-paragraphs (3) and (5) of paragraph 4 apply when ascertaining H and L under this paragraph as if the reference in those sub-paragraphs to H and L were to H and L under this paragraph.
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