F1SCHEDULE 2Excluded tenancies

Annotations:
Amendments (Textual)

2

1

Subject to the following sub-paragraphs, where a rent officer has made a determination, which relates to the tenancy in question or any other tenancy of the same dwelling this paragraph applies to—

a

the tenancy in respect of which that determination was made; and

b

any other tenancy of the same dwelling on terms which are substantially the same, other than the term relating to the amount of rent, as those terms were at the time of that determination or, if earlier, at the end of the tenancy.

2

For the purposes of any claim, notification, request or application under regulation 14(1) (“the later application”), a tenancy shall not be an excluded tenancy by virtue of sub-paragraph (1) by reference to a rent officer's determination made in consequence of an earlier claim, notification, request or application (“the earlier application”) where—

a

the earlier and later applications were made in respect of the same claimant or different claimants; and

b

the earlier application was made more than 52 weeks before the later application was made.

3

Sub-paragraph (1) shall not apply where subsequent to the making of the determination mentioned in that sub-paragraph—

a

the number of occupiers of the dwelling has changed and that dwelling is not in a hostel;

b

there has been a substantial change in the condition of the dwelling (including the making of improvements) or the terms of the tenancy other than a term relating to rent;

c

there has been a rent increase under a term of the tenancy and the term under which that increase was made was either included in the tenancy at the time when the application for that determination was made (or was a term substantially the same as such a term) and that determination was not made under paragraph 1(2), 2(2) or 3(3) of Schedule 1 to the Rent Officers Order;

d

in a case where the rent officer has made a determination under paragraph 2(2) of Schedule 1 to the Rent Officers Order (size and rent determinations), but since the date of the application for that determination—

i

a child, who is a member of the household occupying the dwelling, has attained the age of 10 years; or

ii

a young person, who is a member of the household occupying that dwelling, has attained the age of 16 years; or

iii

there is a change in the composition of the household occupying the dwelling;

e

the claimant is a young individual, except in a case where the determination mentioned in sub-paragraph (1) was, or was made in conjunction with, a determination of a single room rent pursuant to paragraph 5 of Schedule 1 to the Rent Officers Order on or after 2nd July 2001.

F5f

any person mentioned in paragraph 1A(a) of Schedule 2 to the Rent Officers Order becomes or ceases to be a person who requires overnight care where that affects the size criteria, as set out in that Schedule to that Order, applicable in the claimant’s case;

F3g

the claimant or the claimant’s partner becomes, or ceases to be, a qualifying parent or carer where that affects the size criteria, as set out in Schedule 2 to the Rent Officers Order, applicable in the claimant’s case.

F4h

an occupier becomes or ceases to be a child who cannot share a bedroom F6or a member of a couple who cannot share a bedroom where that affects the size criteria, as set out in Schedule 2 to the Rent Officers Order, applicable in the claimant’s case.

F24

For the purposes of sub-paragraph (3)(d)(iii) it does not amount to a change in the composition of the household where a son, daughter, step-son or step-daughter of the claimant or the claimant’s partner who is the claimant’s non-dependant ceases to occupy the dwelling as their home because they become a member of the armed forces away on operations, or subsequently resumes occupying the dwelling as their home on ceasing to be a member of the armed forces away on operations.