38AAmount of rent charged

38A Amount of rent charged (1) A landlord must not offer a tenancy of residential premises to a tenant, or to generally advertise residential premises to tenants, for a rent that is not a fixed amount. (2) A landlord commits an offence if the landlord contravenes subsection (1). Residential Tenancies Act 1999 27 (3) Subject to subsection (4), a landlord must not require a tenant to pay, or accept from a tenant, rent that is higher than the fixed amount the landlord offered or advertised for the tenancy of residential premises in accordance with subsection (1). (4) A landlord may require a tenant to pay rent that is higher than the amount offered or advertised for in accordance with subsection (1) if: (a) the tenancy agreement contains terms that grant additional services or benefits to the tenant that were not offered when the landlord offered or advertised the rent in accordance with subsection (1); and (b) the additional rent so charged represents a reasonable and proportionate additional amount given the nature of those services or benefits. Examples for subsection (4) 1 Gardening. 2 Exclusive use of a part of a premises not included in the initial offer. (5) This section does not apply to a rent increase under section 41. (6) This section does not prevent a landlord from withdrawing a premises from the market and re-advertising the premises for a higher rent not less than 1 month after the day the premises are withdrawn from the market.