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Link to original content: http://www.legislation.gov.uk/id/uksi/1995/1644/regulation/9/3
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9.—(1) Schedule 1A to the Principal Regulations shall be amended in accordance with the following paragraphs.
(2) For paragraph 3 there shall be substituted—
“3.—(1) This paragraph applies where the landlord is a registered housing association, none of the other paragraphs of this Schedule apply, and the local authority consider that either
(a)the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependants of his and any person paying rent to him); or
(b)the rent payable for that dwelling is unreasonably high.
(2) Where this paragraph applies, the authority shall state in the application for a determination that the circumstances set out in sub-paragraph (1) above exist.”.
(3) In paragraph 12(1) there shall be added, at the end, the phrase—
“and, in the case of a determination by a rent officer pursuant to a request for such a determination under regulation 12A(1)(c), any reference to a “tenancy” shall be taken as a reference to a prospective tenancy and any reference to an “occupier” or any person “occupying” a dwelling shall, in the case of such a determination, be taken to be a reference to a potential occupier or potential occupation of that dwelling.”.
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