The Rent Officers (Housing Benefit Functions) Order 1997

[F1Local housing allowance for category of dwelling in paragraph 1E+W+S

[F22.—(1) Subject to [F3paragraphs] 3 (anomalous local housing allowances [F4and 3A (minimum local housing allowance)]), the rent officer must determine a local housing allowance for each category of dwelling in paragraph 1 as follows.

[F5(2) The local housing allowance for any category of dwelling is the lower of—

(a)the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8); and

(b)for a category of dwelling listed in column 1 of the following table, the amount listed in column 2 of that table (maximum local housing allowance)—

F11(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(4) The rent officer must compile a list of rents in ascending order of the rents which, in the rent officer’s opinion, are payable—

(a)for a dwelling let under an assured tenancy for each category of dwelling specified in paragraph 1; and

(b)in the 12 month period ending on the 30th day of the September preceding the date of the determination.]

[F12The rent officer must compile a list of rents in ascending order of the rents which, in the rent officer’s opinion, are payable—

(a)for each category of dwelling specified in paragraph 1—

(i)in England, let under an assured tenancy, or

(ii)in Wales—

(aa)before the day on which section 239 of the Renting Homes (Wales) Act 2016 comes into force, let under an assured tenancy, or

(bb)on or after that day, let under a relevant occupation contract; and

(b)in the 12 month period ending on the 30^th day of the September preceding the date of the determination.]

(5) In compiling the list of rents, the rent officer must—

(a)include within it the rent of an assured tenancy [F13or a relevant occupation contract, as the case may be,] in relation to each category of dwelling if—

(i)the dwelling let under the assured tenancy [F14or relevant occupation contract] is in the broad rental market area for which the local housing allowance for that category of dwelling is being determined;

(ii)the dwelling is in a reasonable state of repair; and

(iii)the assured tenancy [F15or relevant occupation contract] permits the tenant to use exclusively or share the use of, as the case may be, the same number and type of rooms as the category of dwelling in relation to which the list is being compiled;

(b)include within it any rents which are of the same amount;

(c)where rent is payable other than weekly, use the figure which would be payable if the rent were to be payable weekly by—

(i)multiplying the rent by an appropriate figure to obtain the rent for a year;

(ii)dividing the total in (i) by 365; and

(iii)multiplying the total in (ii) by 7;

(d)assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and

(e)exclude the amount of any rent which, in the rent officer’s opinion, is fairly attributable to the provision of services performed for, or facilities (including the use of furniture) provided for, or rights made available to, the tenant which are ineligible to be met by housing benefit.

(6) Sub-paragraph (7) applies where the rent officer is not satisfied that the list of rents in respect of any category of dwelling would contain sufficient rents, payable in the 12 month period ending on the 30th day of the September preceding the date of the determination for dwellings in the broad rental market area, to enable a local housing allowance to be determined which is representative of the rents that a landlord might reasonably be expected to obtain in that area.

(7) In a case where this sub-paragraph applies the rent officer may add to the list rents for dwellings in the same category in other areas in which a comparable market exists.

(8) The rent officer must use the list of rents to determine the rent at the 30th percentile in the list (“R”) by—

(a)where the number of rents on the list is a multiple of 10, applying the formula—

(b)where the number of rents on the list is not a multiple of 10, applying the formula—

F16(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Where the local housing allowance would otherwise not be a whole number of pence, it must be rounded to the nearest whole penny by disregarding any amount less than half a penny and treating any amount of half a penny or more as a whole penny.]

[F17(11) In this paragraph, “relevant occupation contract” means—

(a)a secure contract in relation to which the landlord is a registered social landlord, a private registered provider of social housing, or a private landlord,

(b)a standard contract, or

(c)an introductory standard contract in relation to which the landlord is a registered social landlord or a provider of social housing.]]