sec.105AResident’s application to tribunal about rent increase

### sec.105A Resident’s application to tribunal about rent increase This section applies if the provider gives the resident notice of a proposed rent increase and the resident believes the increase— is excessive; or is not payable under section 105 . The resident may apply to the tribunal for an order mentioned in subsection (4) . The application must be made— within 30 days after the resident receives the notice; and if the rooming accommodation agreement is for a fixed term—before the term of the agreement ends. The tribunal may make either of the following orders on the application— an order reducing the amount of the proposed increase of rent by a stated amount; an order stopping the proposed increase of rent. In deciding the application, the tribunal must have regard to the following— the range of market rents usually charged for comparable accommodation; the proposed increased rent compared to the current rent; the state of repair of the rental premises; the term of the accommodation; the period since the last rent increase (if any); if the proposed rent increase relates to compliance of the rental premises or inclusions with the prescribed minimum housing standards—any repairs or maintenance carried out to the rental premises or inclusions since the resident began to occupy the rental premises; if the proposed rent increase relates to keeping a pet or working dog in the resident’s room—the approval to keep the pet or the right to keep the working dog. The tribunal may also have regard to any other matter the tribunal considers relevant. Without limiting the tribunal’s powers, the tribunal may make an interim order about payment of the rent increase pending its final decision on the application. s 105A ins 2021 No. 19 s 40 (sec.105A-ssec.1) This section applies if the provider gives the resident notice of a proposed rent increase and the resident believes the increase— is excessive; or is not payable under section 105 . (sec.105A-ssec.2) The resident may apply to the tribunal for an order mentioned in subsection (4) . (sec.105A-ssec.3) The application must be made— within 30 days after the resident receives the notice; and if the rooming accommodation agreement is for a fixed term—before the term of the agreement ends. (sec.105A-ssec.4) The tribunal may make either of the following orders on the application— an order reducing the amount of the proposed increase of rent by a stated amount; an order stopping the proposed increase of rent. (sec.105A-ssec.5) In deciding the application, the tribunal must have regard to the following— the range of market rents usually charged for comparable accommodation; the proposed increased rent compared to the current rent; the state of repair of the rental premises; the term of the accommodation; the period since the last rent increase (if any); if the proposed rent increase relates to compliance of the rental premises or inclusions with the prescribed minimum housing standards—any repairs or maintenance carried out to the rental premises or inclusions since the resident began to occupy the rental premises; if the proposed rent increase relates to keeping a pet or working dog in the resident’s room—the approval to keep the pet or the right to keep the working dog. (sec.105A-ssec.6) The tribunal may also have regard to any other matter the tribunal considers relevant. (sec.105A-ssec.7) Without limiting the tribunal’s powers, the tribunal may make an interim order about payment of the rent increase pending its final decision on the application. - (a) is excessive; or - (b) is not payable under section 105 . - (a) within 30 days after the resident receives the notice; and - (b) if the rooming accommodation agreement is for a fixed term—before the term of the agreement ends. - (a) an order reducing the amount of the proposed increase of rent by a stated amount; - (b) an order stopping the proposed increase of rent. - (a) the range of market rents usually charged for comparable accommodation; - (b) the proposed increased rent compared to the current rent; - (c) the state of repair of the rental premises; - (d) the term of the accommodation; - (e) the period since the last rent increase (if any); - (f) if the proposed rent increase relates to compliance of the rental premises or inclusions with the prescribed minimum housing standards—any repairs or maintenance carried out to the rental premises or inclusions since the resident began to occupy the rental premises; - (g) if the proposed rent increase relates to keeping a pet or working dog in the resident’s room—the approval to keep the pet or the right to keep the working dog.