sch.5-sec.9-oc.2Rent increases— ss 105 and 105B

### sch.5-sec.9-oc.2 Rent increases— ss 105 and 105B If a provider proposes to increase the rent, the provider must give notice of the proposal to the resident. See section 105D . The notice must state— the amount of the increased rent; and the day from when the rent is payable; and if the provider is not an exempt provider under the Act —the day the rent was last increased for the resident’s room. The day from which the increased rent is payable must not be earlier than the later of the following— 4 weeks after the notice is given; 12 months after the last rent increase for the resident’s room in accordance with section 105B . Also, if this agreement is for a fixed term, the rent may not be increased before the term ends unless— item 13.1 states rent can be increased; and item 13.3 states the amount of the increase or how the amount of the increase is to be worked out; and the increase is made in accordance with item 13.3. Subject to an order of the tribunal, the increased rent is payable from— if this agreement is for a fixed term—the day stated in item 13.4; or if this agreement is not for a fixed term—the day stated in the notice. However, increased rent is payable by the resident only if— the rent is increased in compliance with this clause and the Act ; and the increased rent is not payable earlier than 12 months after the last rent increase for the resident’s room in accordance with section 105B ; and the increase in rent does not relate to— compliance of the rental premises with the prescribed minimum housing standards; or keeping a pet or working dog in the room. Subclauses (1) to (6) do not apply if the parties to this agreement amend this 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, subclause (7) does not apply if the provision of the service— is necessary for the rental premises 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. (sch.5-sec.9-oc.2-ssec.1) If a provider proposes to increase the rent, the provider must give notice of the proposal to the resident. See section 105D . (sch.5-sec.9-oc.2-ssec.2) The notice must state— the amount of the increased rent; and the day from when the rent is payable; and if the provider is not an exempt provider under the Act —the day the rent was last increased for the resident’s room. (sch.5-sec.9-oc.2-ssec.3) The day from which the increased rent is payable must not be earlier than the later of the following— 4 weeks after the notice is given; 12 months after the last rent increase for the resident’s room in accordance with section 105B . (sch.5-sec.9-oc.2-ssec.4) Also, if this agreement is for a fixed term, the rent may not be increased before the term ends unless— item 13.1 states rent can be increased; and item 13.3 states the amount of the increase or how the amount of the increase is to be worked out; and the increase is made in accordance with item 13.3. (sch.5-sec.9-oc.2-ssec.5) Subject to an order of the tribunal, the increased rent is payable from— if this agreement is for a fixed term—the day stated in item 13.4; or if this agreement is not for a fixed term—the day stated in the notice. (sch.5-sec.9-oc.2-ssec.6) However, increased rent is payable by the resident only if— the rent is increased in compliance with this clause and the Act ; and the increased rent is not payable earlier than 12 months after the last rent increase for the resident’s room in accordance with section 105B ; and the increase in rent does not relate to— compliance of the rental premises with the prescribed minimum housing standards; or keeping a pet or working dog in the room. (sch.5-sec.9-oc.2-ssec.7) Subclauses (1) to (6) do not apply if the parties to this agreement amend this 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. (sch.5-sec.9-oc.2-ssec.8) However, subclause (7) does not apply if the provision of the service— is necessary for the rental premises 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 when the rent is payable; and - (c) if the provider is not an exempt provider under the Act —the day the rent was last increased for the resident’s room. - (a) 4 weeks after the notice is given; - (b) 12 months after the last rent increase for the resident’s room in accordance with section 105B . - (a) item 13.1 states rent can be increased; and - (b) item 13.3 states the amount of the increase or how the amount of the increase is to be worked out; and - (c) the increase is made in accordance with item 13.3. - (a) if this agreement is for a fixed term—the day stated in item 13.4; or - (b) if this agreement is not for a fixed term—the day stated in the notice. - (a) the rent is increased in compliance with this clause and the Act ; and - (b) the increased rent is not payable earlier than 12 months after the last rent increase for the resident’s room in accordance with section 105B ; and - (c) the increase in rent does not relate to— (i) compliance of the rental premises with the prescribed minimum housing standards; or (ii) keeping a pet or working dog in the room. - (i) compliance of the rental premises with the prescribed minimum housing standards; or - (ii) keeping a pet or working dog in the room. - (i) compliance of the rental premises with the prescribed minimum housing standards; or - (ii) keeping a pet or working dog in the room. - (a) is necessary for the rental premises 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.