917. Determination by appropriate tribunal.

Where an application is made1 to the appropriate tribunal2 for a determination with respect to the rent3 under an assured shorthold tenancy4, the appropriate tribunal may not make such a determination unless it considers5:

  1.  

    (1)     that there is a sufficient number of similar dwelling houses6 in the locality let7 on assured tenancies8, whether shorthold or not9; and

  2.  

    (2)     that the rent payable under the assured shorthold tenancy in question is significantly higher than the rent which the landlord