22AHowever, for a consecutive tenancy agreement, the lessor and

22A However, for a consecutive tenancy agreement, the lessor and tenant need not comply with clause 21 and clause 22 if an original condition report or subsequent condition report exists for the premises (the meanings of consecutive tenancy agreement, original condition report and subsequent condition report are set out in the Residential Tenancies Act). 23 (1) The lessor must keep the condition report for a period of not less than 12 months after the end of the tenancy. (2) However, if a condition report is not completed because of clause 22A, the lessor must keep the original condition report, and any subsequent condition report, for a period of not less than 12 months after the end of the consecutive tenancy agreement. End of tenancy—inspection and condition report 23A (1) At the end of the tenancy, an inspection of the premises must be carried out in the presence of the lessor and tenant. (2) A condition report based on the inspection must be completed in the presence of, and signed by, the lessor and tenant. (3) A party may complete and sign a condition report in the absence of the other party if the party has given the other party a reasonable opportunity to be present when the report is completed and signed. (4) However, for a consecutive tenancy agreement, the lessor and tenant need not comply with subclauses (1) to (3) if an original condition report or subsequent condition report exists for the premises (the meanings of consecutive tenancy agreement, original condition report and subsequent condition report are set Rent and other charges Rent and bond only as payment for the tenancy 24 The lessor must not require any payment other than rent or bond for the following: (a) the granting, extension, transfer or renewal of a tenancy or subtenancy; (aa) consenting to— (i) a person becoming a co-tenant; or (ii) a co-tenant stopping being a party to the tenancy (b) vacating of premises; (c) obtaining a key to the premises; (d) information on the availability of tenancies. Holding deposits 25 The Residential Tenancies Act prohibits the taking of holding deposits. Payment of rent 26 (1) The tenant must pay the rent on time. (2) The tenant must not use the bond money to pay the rent for the last weeks of the tenancy. (3) The tenant and the lessor may agree to change the way rent is paid (including, for example, where the rent is paid or whether it is to be paid into a nominated bank account or whether it is to be paid in person). (4) The tenant and lessor may agree that rent is to be paid electronically. 27 The lessor must not require the tenant to pay rent by postdated cheque. Maximum rent in advance 28 The lessor must not require an amount of rent paid in advance greater than 2 weeks or a longer period nominated by the tenant. Rent receipts 29 If rent is paid in person to the lessor or a real estate agent, a receipt must be given at that time. 30 In other circumstances where rent is paid to the lessor, a receipt must be provided or sent by post within 1 week of its receipt. 31 (1) A receipt for payment of rent must specify the amount paid. (2) A receipt should specify the following: (a) the date of payment; (b) the period in relation to which the payment is made; (c) the premises in relation to which the payment is made; (d) whether the payment is for bond or rent. (3) If these particulars are not included in the receipt, the lessor must provide this information to the tenant within 4 weeks of a request by the tenant. 32 A receipt is not required if the rent is paid by the tenant directly into an account nominated by the lessor or real estate agent. Rent records 33 (1) The lessor must keep, or cause to be kept, records of the payment of rent. (2) Those records must be retained for a period of not less than 12 months after the end of the tenancy. Increase in rent 34 (1) The amount of rent under a residential tenancy agreement must not vary from period to period, except as provided by the Residential Tenancies Act. (2) Also, the amount of rent under a proposed or existing consecutive tenancy agreement must not vary from the amount of rent under a terminating or terminated residential tenancy agreement, except as provided by the Residential Tenancies Act (the meaning of consecutive tenancy agreement is set out in the 35 (1) The rent must not be increased at intervals of less than 12 months from either the beginning of the tenancy agreement for the first increase, or after that, from the date the last increase took effect. (2) However, for a consecutive tenancy agreement, the rent must not be increased at intervals of less than 12 months from the date the last increase took effect, whether under the consecutive tenancy agreement or a terminated residential tenancy agreement (the meaning of consecutive tenancy agreement is set out in the 36 (1) This clause applies if the housing commissioner— (a) is the lessor under this tenancy agreement; and (b) has decided to increase the rent after a review of rent under the Housing Assistance Act 2007, section 23. (2) Despite clause 35, the housing commissioner may increase the rent. (3) However, if a previous review of rent has been undertaken, the increase under subclause (2) must not take effect earlier than 12 months after the date the last rent increase for the premises took effect. 37 The restrictions on the amount and frequency of rental rate increases apply provided the identity of at least 1 of the tenants who occupy the premises remains the same as at the time of the last increase (the meaning of rental rate increase is set out in the Review of excessive rent increases 38 (1) The lessor must give the tenant 8 weeks written notice of an intended: (a) increase in the rent under a residential tenancy agreement (including an existing consecutive tenancy agreement); or (b) increase in the rent that will take effect under a proposed consecutive tenancy agreement. (2) The notice to the tenant must include the date when the increase is proposed to take effect, the amount of the proposed increase, whether the amount of the increase is more than the prescribed amount, and that the tribunal’s prior approval must be obtained for an increase that is more than the prescribed amount if the tenant does not agree to the increase. 39 (1) The tenant may apply in writing to the tribunal for review of an excessive increase in rent (time limits for applying and the meaning of excessive is set out in the Residential Tenancies Act). (2) On such application being made, no increase in rent is payable until so ordered by the tribunal. 40 If the tenant remains in occupation of the premises without applying to the tribunal for review, the increase in rent takes effect from the date specified in the notice. 41 (1) If the tenant wishes to vacate the premises before the increase takes effect, the tenant must give 3 weeks notice to the lessor. (2) However, for an increase in the rent that will take effect under a proposed consecutive tenancy agreement, the tenant may terminate the existing tenancy under clause 88 (for a periodic tenancy) or clause 89 (for a fixed term tenancy). Lessor’s costs