SCHEDULES

4(1)The lease shall provide that, for any period for which the tenant’s total share is less than 100 per cent., the rent payable under the lease shall be determined by the formula—

where—

• R=the rent payable,

• F=the amount determined by the landlord as the rent which would be payable for that period if the shared ownership lease had not been granted and the secure tenancy had not come to an end, but excluding any element attributable to rates [F1or council tax] or to services provided by the landlord, and

• S=the tenant’s total share expressed as a percentage.

(2)In making a determination under sub-paragraph (1) the landlord shall take into account all matters which appear to it to be relevant including, in particular, where comparable dwelling-houses in the locality are let on secure tenancies, the rents payable under those tenancies.

(3)The lease shall also provide that, for any such period, if the Secretary of State by order so provides—

(a)the rent payable under the lease as so determined, or

(b)any amount payable by the tenant under the lease which is payable, directly or indirectly, for repairs, maintenance, or insurance,

shall be adjusted in such manner as may be provided by the order.

(4)The Secretary of State may by order under sub-paragraph (3) provide for such adjustment as he considers appropriate having regard to the differing reponsibilities for repairs, maintenance and insurance of a tenant under a shared ownership lease and a secure tenant.

(5)An order under this paragraph—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)may contain such transitional provisions as appear to the Secretary of State to be necessary or expedient,

and shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)In this paragraph “rates” includes charges [F2in respect of any services provided by a water undertaker or sewerage undertaker in the course of the carrying out of its functions].

Textual Amendments

F1Words in Sch. 8 para. 4(1) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 15.

F2Words substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190(1), 193(1), Sch. 25 para. 74(2), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

5The lease shall provide that, for any period for which the tenant’s total share is 100 per cent., the rent payable under the lease shall be £10 per annum.