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s 30

Variation of rent (except where calculated by reference to tenant’s income)

In force
Part IVResidential tenancy agreements
Division 1Rent and security bonds

30 Variation of rent (except where calculated by reference to tenant’s income)

(1)

Subject to this section and except where rent payable under a residential tenancy agreement is calculated by reference to the tenant’s income, the rent payable under a residential tenancy agreement may be increased by the lessor by written notice to the tenant, in the approved form, specifying the amount of the increased rent and the day as from which the increased rent becomes payable, being a day —

(a)

not less than 60 days after the day on which the notice is given; and

(b)

not less than 12 months after the day on which the tenancy commenced, or, if the rent has been increased under this section, the day on which it was last so increased,

but otherwise the rent shall not increase or be increased.

(2)

The right of the lessor to increase rent in accordance with subsection (1) —

(a)

is not exercisable in relation to a residential tenancy agreement that creates a tenancy for a fixed term during the currency of that term unless the amount of the increase, or the method of calculating the amount of the increase, is set out in the agreement; and

(b)

in any case, may be excluded or limited by agreement between the lessor and the tenant.

(3)

A notice of increase of rent that has been given in accordance with this section and that has not been withdrawn by the lessor varies the residential tenancy agreement to the effect that the increased rent specified in the notice is payable under the agreement as from the day specified in the notice.

[Section 30 amended: No. 60 of 2011 s. 27, 88 and 89; No. 11 of 2024 s. 25.]

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