Articles 2(1) and 3(1)
1.—(1) The rent officer shall determine whether, in his opinion, the rent payable under the tenancy of the dwelling at the time the application for the determination is made is significantly higher than the rent which the landlord might reasonably be expected to obtain under the tenancy at that time, having regard to the level of rent under similar tenancies of similar dwellings in the locality (or as similar as regards tenancy, dwelling and locality as is reasonably practicable), but on the assumption that no person who would have been entitled to housing benefit had sought or is seeking the tenancy.
(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 be expected to obtain under the tenancy at the time the application for a determination is made, having regard to the same matter and on the same assumption as in sub-paragraph (1).
2.—(1) The rent officer shall determine whether the dwelling exceeds the size criteria for its 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 be expected to obtain, at the time the application for the determination is made, for a tenancy which is similar to the tenancy of the dwelling, on the same terms (other than the term relating to the amount of rent), and of a dwelling which is in the same locality as the dwelling, but which—
(a)accords with the size criteria for the occupiers;
(b)is in a reasonable state of repair; and
(c)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 paragraph 2(2), the rent officer shall have regard to the same matter and make the same assumption as in paragraph 1(1), 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 paragraph 2(2) and the assumption shall be made in relation to that tenancy.
3.—(1) Where the rent officer makes a determination under paragraph 1(2) or 2(2), he shall also determine whether, in his opinion, any of the rent is fairly attributable to the provision of services which are ineligible to be met by housing benefit and, if so, the amount which in his opinion is so attributable (except where he considers the amount is negligible).
(2) In sub-paragraph (1) “rent” means the rent determined under paragraph 1(2) or 2(2); and “services” means services performed or facilities (including the use of furniture) provided for, or rights made available to, the tenant.
4. If notice of a determ ination under paragraph 1 or 3 is not given to the local authority within the 5 day period mentioned in paragraph 5(a) solely because the rent officer intends to arrange an inspection of the dwelling before making such a determination, the rent officer shall make an interim determination and a further determination.
5. The rent officer shall give notice to the local authority of a determination—
(a)except in the case of a further determination, within the period of 5 working days beginning with the date on which the rent officer received the application or, where the rent officer requests further information under article 3(2), with the date on which he received the information, or as soon as practicable after that period.
(b)in the case of a further determination within the period of 20 working days beginning with the date on which notice of the interim determination was given to the local authority, or as soon as practicable after that period.
6.—(1) If the rent officer becomes aware that the tenancy is an excluded tenancy, the rent officer shall give the local authority notice that it is such a tenancy.
(2) If the rent officer is precluded by article 5(2) from making a determination or a re-determination under paragraph 1 (or that paragraph as applied by Schedule 4), the rent officer shall give the local authority notice of the rent determined by the rent assessment committee.