23Unreasonable increase

23 Unreasonable increase

(1)  [Section 23 Subsection (1) amended by No. 45 of 2013, s. 14, Applied:01 Oct 2014] [Section 23 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] A tenant may apply to the Commissioner for an order declaring that an increase in the rent payable under a residential tenancy agreement is unreasonable.

(1A)  [Section 23 Subsection (1A) inserted by No. 45 of 2013, s. 14, Applied:01 Oct 2014] An application made under subsection (1) is to be accompanied by the prescribed fee.

(1B)  [Section 23 Subsection (1B) inserted by No. 45 of 2013, s. 14, Applied:01 Oct 2014] An application may only be made under subsection (1) by a tenant within the period of 60 days after the tenant is notified of the increase under section 20 .

(1C)  [Section 23 Subsection (1C) inserted by No. 45 of 2013, s. 14, Applied:01 Oct 2014] The Commissioner may, if he or she thinks fit, conduct a hearing in relation to an application for an order under this section.

(2)  [Section 23 Subsection (2) amended by No. 45 of 2013, s. 14, Applied:01 Oct 2014] [Section 23 Subsection (2) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] In determining whether an increase in the rent is unreasonable, the Commissioner is to have regard to –

(a) the general level of rents for comparable residential premises in the locality or a similar locality; and

(b) any other relevant matter.

(3)  [Section 23 Subsection (3) amended by No. 45 of 2013, s. 14, Applied:01 Oct 2014] If satisfied that the increase in the rent is unreasonable, the Commissioner may order that the increase in the rent be changed to an amount that does not exceed a specified amount.