The Rent Officers (Additional Functions) (Amendment No. 2) Order 1995

Amendments

2.  In Schedule 1 to the Rent Officers (Additional Functions) Order 1995(1)—

(a) in paragraph 4 in Part 1 of Schedule 1 (local reference rents)—

(i) for the words in sub-paragraph (2)(b) before sub-paragraph (i) substitute—

“if the tenant does not have the use under the tenancy of the dwelling of more than one bedroom or room suitable for living in,

(ia) that under the assured tenancy the tenant does not have the use of more than one bedroom or room suitable for living in;”;

(ii) in sub-paragraph (2)(b)(ii) for “(otherwise than with a member of his household)”substitute “with a person other than a member of his household, a non-dependant or a person who pays rent to the tenant”; and

(iii) after sub-paragraph (3) insert—

“(3A) In sub-paragraph (2)(b)—

• “bedroom or room suitable for living in” does not include a room which the tenant shares with any person other than—

  (a)

  a member of his household;

  (b)

  a non-dependant (as defined in this sub-paragraph); or

  (c)

  a person who pays rent to the tenant; and

• “non-dependant” means a non-dependant of the tenant within the meaning of regulation 3 of the 1987 Regulations.”(2);

(b) in paragraph 7(2) in Part 2 (housing associations and charities) for “a charity” substitute “or where the landlord is a charity and the dwelling is provided by the landlord in the pursuit of its charitable purposes”; and

(c) in paragraph 9 in Part 4 (indicative rent levels)—

(i) in sub-paragraph (3)(d) after “two rooms” insert “and where none of paragraphs (a) to (c) applies”;

(ii) in sub-paragraph (3)(e) after “three rooms” insert “and where none of paragraphs (a) to (d) applies”;

(iii) in sub-paragraph (3)(f) after “four rooms” insert “and where none of paragraphs (a) to (e) applies”;

(iv) in sub-paragraph (3)(g) after “five rooms” insert “and where none of paragraphs (a) to (f) applies”;

(v) in sub-paragraph (3)(h) after “six rooms” insert “and where none of paragraphs (a) to (g) applies”; and

(vi) in the definition of room in sub-paragraph (5) after “suitable for living in” insert

• “and in paragraphs (a), (b) and (c) of sub-paragraph (3) does not include a room which the tenant shares with any person other than—

  (a)

  a member of his household;

  (b)

  a non-dependant of the tenant (within the meaning of regulation 3 of the 1987 Regulations); or

  (c)

  a person who pays rent to the tenant”.

(1)

S.I. 1995/1642; to which there are amendments not relevant to this Order.

(2)

S.I. 1987/1971; regulation 3 was amended by S.I. 1989/416, S.I. 1990/546 and 1775, S.I. 1994/3061 and 1995/560.