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

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

where—

a

I is the indicative rent level;

b

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

(i)

which a landlord might reasonably be expected to obtain at the time the determination is being made for an assured tenancy of a dwelling meeting 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 be expected to obtain at the time the determination is being made for an assured tenancy of a dwelling meeting the criteria in sub-paragraph (2); and

(ii)

which is not an exceptionally low rent.

(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 purpose of this paragraph are—

(a) a dwelling where the tenant does not have use of more than one room and 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;

(e) a dwelling where the tenant does not have use of more than three rooms;

(f) a dwelling where the tenant does not have use of more than four rooms;

(g) a dwelling where the tenant does not have use of more than five rooms; and

(h) a dwelling where the tenant does not have use of more than six rooms.

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

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

(ii) 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.

(5) In this paragraph—

“room” means a bedroom or room suitable for living in; and

“services” has the meaning given by paragraph 4(4).