sec.105Rent increases

### sec.105 Rent increases This section applies if a provider proposes to increase the rent payable by a resident under a rooming accommodation agreement. The provider must give the resident a written notice stating— the amount of the increased rent; and the day from which the increased rent is payable; and the day the rent was last increased for the resident’s room. However, subsection (2) (c) does not apply if the provider is an exempt provider. The day stated in the notice under subsection (2) (b) must not be earlier than the later of the following— 4 weeks after the day the notice is given to the resident; the end of the minimum period before the rent may be increased under section 105B . Subject to an order of a tribunal under section 105A , the increased rent is payable from the day stated in the notice, and the rooming accommodation agreement is taken to be amended accordingly. However, the increased rent is payable by the resident only if— the rent is increased in compliance with this section; and the increased rent is not payable before the end of the minimum period before the rent may be increased under section 105B ; and the rent increase does not relate to— compliance of the rental premises or inclusions with the prescribed minimum housing standards; or the keeping of a pet or working dog in the resident’s room. Also, if the rooming accommodation agreement is for a fixed term, the rent may not be increased before the term ends unless— the agreement provides for a rent increase; and the agreement states the amount of the increase or how the amount of the increase is to be worked out; and the increase is made under the agreement. Subsections (2) to (5) do not apply if the parties amend the rooming accommodation agreement to provide for another service to be provided by the provider to the resident and for an increase in the rent in payment of the service. However, subsection (6) does not apply if the provision of the service— is necessary for the rental premises or inclusions to comply with the prescribed minimum housing standards; or is a condition of the provider’s approval to keep a pet in the resident’s room. s 105 amd 2021 No. 19 s 39 ; 2023 No. 8 s 58D ; 2024 No. 27 s 18A (sec.105-ssec.1) This section applies if a provider proposes to increase the rent payable by a resident under a rooming accommodation agreement. (sec.105-ssec.2) The provider must give the resident a written notice stating— the amount of the increased rent; and the day from which the increased rent is payable; and the day the rent was last increased for the resident’s room. (sec.105-ssec.2AA) However, subsection (2) (c) does not apply if the provider is an exempt provider. (sec.105-ssec.2A) The day stated in the notice under subsection (2) (b) must not be earlier than the later of the following— 4 weeks after the day the notice is given to the resident; the end of the minimum period before the rent may be increased under section 105B . (sec.105-ssec.3) Subject to an order of a tribunal under section 105A , the increased rent is payable from the day stated in the notice, and the rooming accommodation agreement is taken to be amended accordingly. (sec.105-ssec.4) However, the increased rent is payable by the resident only if— the rent is increased in compliance with this section; and the increased rent is not payable before the end of the minimum period before the rent may be increased under section 105B ; and the rent increase does not relate to— compliance of the rental premises or inclusions with the prescribed minimum housing standards; or the keeping of a pet or working dog in the resident’s room. (sec.105-ssec.5) Also, if the rooming accommodation agreement is for a fixed term, the rent may not be increased before the term ends unless— the agreement provides for a rent increase; and the agreement states the amount of the increase or how the amount of the increase is to be worked out; and the increase is made under the agreement. (sec.105-ssec.6) Subsections (2) to (5) do not apply if the parties amend the rooming accommodation agreement to provide for another service to be provided by the provider to the resident and for an increase in the rent in payment of the service. (sec.105-ssec.7) However, subsection (6) does not apply if the provision of the service— is necessary for the rental premises or inclusions to comply with the prescribed minimum housing standards; or is a condition of the provider’s approval to keep a pet in the resident’s room. - (a) the amount of the increased rent; and - (b) the day from which the increased rent is payable; and - (c) the day the rent was last increased for the resident’s room. - (a) 4 weeks after the day the notice is given to the resident; - (b) the end of the minimum period before the rent may be increased under section 105B . - (a) the rent is increased in compliance with this section; and - (b) the increased rent is not payable before the end of the minimum period before the rent may be increased under section 105B ; and - (c) the rent increase does not relate to— (i) compliance of the rental premises or inclusions with the prescribed minimum housing standards; or (ii) the keeping of a pet or working dog in the resident’s room. - (i) compliance of the rental premises or inclusions with the prescribed minimum housing standards; or - (ii) the keeping of a pet or working dog in the resident’s room. - (i) compliance of the rental premises or inclusions with the prescribed minimum housing standards; or - (ii) the keeping of a pet or working dog in the resident’s room. - (a) the agreement provides for a rent increase; and - (b) the agreement states the amount of the increase or how the amount of the increase is to be worked out; and - (c) the increase is made under the agreement. - (a) is necessary for the rental premises or inclusions to comply with the prescribed minimum housing standards; or - (b) is a condition of the provider’s approval to keep a pet in the resident’s room.