When residential tenancy agreement is continuation of existing residential tenancy agreement
31B When residential tenancy agreement is continuation of existing residential tenancy agreement
This section applies for the purposes of working out —
when the rent payable under a residential tenancy agreement was last increased under section 30; or
when the means of calculating rent under a residential tenancy agreement was last changed under section 31A.
A residential tenancy agreement (the continuing agreement) is taken to be a continuation of another residential tenancy agreement (the existing agreement) if the continuing agreement —
is between the same parties as the existing agreement; and
is for the same residential premises as the existing agreement; and
starts immediately after the end of the term of the existing agreement.
Note for this subsection:
See also section 76C for the circumstances in which a residential tenancy agreement that creates a tenancy for a fixed term continues as a periodic tenancy.
For subsection (2)(a), the existing agreement and the continuing agreement are between the same parties if —
the lessor is the same under both agreements; and
the tenant, or at least 1 co‑tenant, is the same under both agreements.
[Section 31B inserted: No. 11 of 2024 s. 27.]
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