1995 No. 3148
The Rent Officers (Additional Functions) (Amendment No. 2) Order 1995
Made
Laid before Parliament
Coming into force
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by section 121(1) and (2) of the Housing Act 19881 and of all other powers enabling them in that behalf, hereby make the following Order—
Citation and commencement1
This Order may be cited as the Rent Officers (Additional Functions) (Amendment No. 2) Order 1995 and shall come into force on 2nd January 1996.
Amendments2
In Schedule 1 to the Rent Officers (Additional Functions) Order 19952—
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.
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
Signed by authority of the Secretary of State
(This note is not part of the Order)