The Rent Officers (Additional Functions) (Scotland) Amendment Order 1996

4

No determination shall be made under paragraph 4A in Schedule 1 unless the local authority states in the application that the claimant is, or may be, a young individual (which has the same meaning as in the 1987 Regulations).

Single room rents4A

1

The rent officer shall determine a single room rent in accordance with the following formula:—

$\mathrm{S}=\genfrac{}{}{0.1ex}{}{\mathrm{H}+\mathrm{L}}{2}$

where—

a

S is the single room rent;

b

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

1. i

   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

2. ii

   is not an exceptionally high rent; and

c

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

1. i

   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

2. ii

   is not an exceptionally low rent.

2

The criteria are—

a

that the dwelling under the assured tenancy is in the same locality as the dwelling and is in a reasonable state of repair;

b

that, under the assured tenancy, the tenant—

i

has the exclusive use of one bedroom;

ii

does not have the use of any other bedroom or room suitable for living in;

iii

shares the use of a toilet; and

iv

shares a kitchen or has no use of a kitchen; and

c

that the rent does not include any payment for board and attendance.

3

Sub-paragraphs (3) and (4) of paragraph 4 apply when ascertaining H and L under this paragraph as if the reference in those sub-paragraphs to H and L were to H and L under this paragraph.

2

If the rent officer determines a rent under—

a

paragraph 4 (local reference rents); or

b

paragraph 4A (single room rents);

~which is equal to or more than the rent payable for the tenancy, the rent officer shall give notice to the local authority of this in place of giving notice of the determination made under paragraph 4 or, as the case may be, paragraph 4A and sub-paragraphs (1) and (3) shall apply to such a notice as they apply to determinations.