High Income Social Tenants
5.—(1) Subject to paragraphs (3) and (4), the maximum rent payable to a registered provider in respect of a relevant year by a tenant of social housing to whom section 23 of the Act does not apply because of the exception in regulation 3(1)(b), is the amount described in paragraph (2).
(2) The amount is the amount that would have been the maximum rent determined in accordance with section 23 of the Act if—
(a)the exception in regulation 3(1)(a), or exceptions in regulation 3(1)(a) and 4(a), had not previously applied; and
(b)in a case where—
(i)the registered provider is a private registered provider and in the period beginning with 1 April 2015 and ending on the day preceding the beginning of the first relevant year the tenancy was one to which the Rent Standard did not apply for reasons relating to the tenant’s household’s income, that standard had applied, or
(ii)the registered provider is a local authority and in the period beginning with 1 April 2015 and ending on the day preceding the beginning of the first relevant year the tenancy was one to which the expectations in chapters two and three of Guidance on Rents for Social Housing did not apply for reasons relating to the tenant’s household’s income, those expectations had applied.
(3) This regulation does not apply if an absolute exception or the exception in regulation 3(1)(i) applies.
(4) In the case of supported housing which is not specialised supported housing, the reference in paragraph (2) to the maximum rent determined in accordance with section 23 of the Act should be read as a reference to section 23 as modified by regulation 9.