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The Rent Officers (Additional Functions) (Scotland) Order 1990

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Size and rent determinations

2.—(1) The rent officer shall determine whether the dwelling, at the relevant time, 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 relevant time 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 its 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.

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