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Residential Tenancies Act 1999
41Increases in rent
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41 Increases in rent
(1) A landlord may increase the rent payable under a tenancy
agreement only if:
(a) the right to increase the rent; and
(b) the amount of the increase in rent or the method of calculation
of the increase in rent,
is specified in the agreement.
(2) A proposal to increase the rent payable under a tenancy agreement
is of no effect unless at least 30 days written notice is given to the
tenant of:
(a) the amount of the increase; and
(b) the date from which the increase is to take effect.
(3) The date fixed for an increase in rent in relation to a tenancy must
not be earlier than 6 months after:
(a) the day on which the tenancy agreement commences; or
(b) if there has been a previous increase of rent under this section
in relation to one or more of the same tenants and the same
premises – the last increase.
(4) If the rent payable under a tenancy agreement is increased under
this section, the terms of the agreement are varied accordingly.
(5) Subsections (2), (3) and (4) do not apply in relation to:
(a) a provision of a tenancy agreement in relation to a tenancy
under which the rent payable changes automatically at stated
intervals on a basis set out in the agreement or by a
determination under the Housing Act 1982 by the minister
administering that Act; or
(b) an increase in the amount of rent payable by a tenant because
of the cancellation or adjustment of a rent rebate.
Residential Tenancies Act 1999 29