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) that there is a sufficient number of similar dwelling houses6 in the locality let7 on assured tenancies8, whether shorthold or not9; and
(2) that the rent payable under the assured shorthold tenancy in question is significantly higher than the rent which the landlord
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