The Rent Officers (Additional Functions) (Scotland) Order 1995

Local reference rents

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

where—

a

R is the local reference rent;

b

H is the highest rent in the rent officer’s opinion—

(i)

which a landlord might reasonably have been expected to obtain at the relevant time for an assured tenancy of a dwelling which meets the criteria in sub-paragraph (2); and

(ii)

which is not an exceptionally high rent; and

c

L is the lowest rent in the rent officer’s opinion—

(i)

which a landlord might reasonably have been expected to obtain at the relevant time for an assured tenancy of a dwelling which meets the criteria in sub-paragraph (2); and

(ii)

which is not an exceptionally low rent.

(2) The criteria are—

(a) that the dwelling under the assured tenancy—

(i) is in the same locality 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 of more than one bedroom or room suitable for living in—

(i) if the rent under the tenancy 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 is fairly attributable to board and attendance;

(ii) if sub-paragraph (i) does not apply and the tenant shares a kitchen or toilet otherwise than with a member of his household, that the assured tenancy provides for a tenant to share a kitchen or toilet; and

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

(3) 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.

(4) 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—

(a) the provision of meals (including the preparation of meals or provision of unprepared food); or

(b) the provision of services to which any service charge for fuel relates.