41Increases in rent

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