sec.105BMinimum period before rent can be increased

### sec.105B Minimum period before rent can be increased A provider or provider’s agent must not increase, or purport to increase, the rent payable by a resident less than 12 months after the last rent increase for the resident’s room. Maximum penalty—20 penalty units. For this section, rent is increased for the resident’s room if— a rent increase happens during the term of a rooming accommodation agreement; or a new rooming accommodation agreement (a new agreement ) is entered into for the resident’s room and, immediately before rent becomes payable under the new agreement, either— rent was not payable for the resident’s room; or the amount of rent payable for the resident’s room was less than the rent that will be payable under the new agreement. The 12-month period mentioned in subsection (1) applies even if the last rent increase for the resident’s room related to a different rooming accommodation agreement, including a rooming accommodation agreement entered into by a previous provider of the rental premises. Under a rooming accommodation agreement with Resident A, rent is increased on 1 November 2024. A new rooming accommodation agreement for the resident’s room is entered into with Resident B, commencing on 1 February 2025. Under subsection (1) , the rent must not be increased until 12 months after 1 November 2024. For subsection (1) , it does not matter whether or not the provider or agent who increases the rent is the same person as the provider or agent who last increased the rent. If the amount of rent payable under a rooming accommodation agreement includes payment for both accommodation and a service, the 12-month period mentioned in subsection (1) applies only in relation to an increase in rent payable for accommodation under the agreement. Nothing in this section prevents a provider or agent from giving notice of an increase in rent within the 12 months mentioned in subsection (1) provided the increase does not take effect until the end of the 12 months. This section does not apply— to an exempt provider or an agent of an exempt provider; or to the extent the rent payable under a rooming accommodation agreement is increased under an order of the tribunal under section 105E . s 105B ins 2023 No. 8 s 58E amd 2024 No. 27 s 19 (sec.105B-ssec.1) A provider or provider’s agent must not increase, or purport to increase, the rent payable by a resident less than 12 months after the last rent increase for the resident’s room. Maximum penalty—20 penalty units. (sec.105B-ssec.2) For this section, rent is increased for the resident’s room if— a rent increase happens during the term of a rooming accommodation agreement; or a new rooming accommodation agreement (a new agreement ) is entered into for the resident’s room and, immediately before rent becomes payable under the new agreement, either— rent was not payable for the resident’s room; or the amount of rent payable for the resident’s room was less than the rent that will be payable under the new agreement. (sec.105B-ssec.3) The 12-month period mentioned in subsection (1) applies even if the last rent increase for the resident’s room related to a different rooming accommodation agreement, including a rooming accommodation agreement entered into by a previous provider of the rental premises. Under a rooming accommodation agreement with Resident A, rent is increased on 1 November 2024. A new rooming accommodation agreement for the resident’s room is entered into with Resident B, commencing on 1 February 2025. Under subsection (1) , the rent must not be increased until 12 months after 1 November 2024. (sec.105B-ssec.4) For subsection (1) , it does not matter whether or not the provider or agent who increases the rent is the same person as the provider or agent who last increased the rent. (sec.105B-ssec.5) If the amount of rent payable under a rooming accommodation agreement includes payment for both accommodation and a service, the 12-month period mentioned in subsection (1) applies only in relation to an increase in rent payable for accommodation under the agreement. (sec.105B-ssec.6) Nothing in this section prevents a provider or agent from giving notice of an increase in rent within the 12 months mentioned in subsection (1) provided the increase does not take effect until the end of the 12 months. (sec.105B-ssec.7) This section does not apply— to an exempt provider or an agent of an exempt provider; or to the extent the rent payable under a rooming accommodation agreement is increased under an order of the tribunal under section 105E . - (a) a rent increase happens during the term of a rooming accommodation agreement; or - (b) a new rooming accommodation agreement (a new agreement ) is entered into for the resident’s room and, immediately before rent becomes payable under the new agreement, either— (i) rent was not payable for the resident’s room; or (ii) the amount of rent payable for the resident’s room was less than the rent that will be payable under the new agreement. - (i) rent was not payable for the resident’s room; or - (ii) the amount of rent payable for the resident’s room was less than the rent that will be payable under the new agreement. - (i) rent was not payable for the resident’s room; or - (ii) the amount of rent payable for the resident’s room was less than the rent that will be payable under the new agreement. - (a) to an exempt provider or an agent of an exempt provider; or - (b) to the extent the rent payable under a rooming accommodation agreement is increased under an order of the tribunal under section 105E .