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

Article 3(1)(b)

PART 2 ASSUMPTIONS ETC

Medical, nursing and other care services

6.  Where the rent includes any of the charges specified in paragraph 1(d), (e) or (f) of Part I of Schedule 1 to the 1987 Regulations, the rent officer shall assume that—

(a) the items to which the charges relate were not to be provided or made available; and

(b) the rent payable under the tenancy at the relevant time is such amount as is specified in the application as the rent which would have been payable under the tenancy at that time if those items were not to be provided or made available.

Housing associations and charities

7.—(1) Where the landlord is a housing association or a charity, the rent officer shall assume that the landlord is not such a body.

(2) The rent officer shall not take into account the rent under any tenancy where the landlord is a housing association or a charity.

(3) In this paragraph—

(a) “charity” comprises—

(i) a charity with the same meaning as in the Charities Act 1993(1); and

(ii) a Scottish charity as defined in section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(2); and

(b) “housing association” has the same meaning as in the Housing Associations Act 1985(3).

(1)

1993 c. 10.

(2)

1990 c. 40.

(3)

1985 c. 69; see section 1(1).