Australian Capital Territory Current Acts

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Guideline for orders

    (1)     This section applies if an application is made to the ACAT under section 64B (1) (c) or section 64C (1) in relation to a rental rate increase.

    (2)     The ACAT must allow a rental rate increase if the increase is allowed under the residential tenancy agreement and is not excessive.

    (3)     For subsection (2)—

        (a)     unless the tenant satisfies the ACAT otherwise, a rental rate increase is not excessive if it is equal to or less than the amount prescribed by regulation; and

        (b)     unless the lessor satisfies the ACAT otherwise, a rental rate increase is excessive if it is more than the amount prescribed by regulation.

    (4)     If a tenant or lessor proposes that a rental rate increase is or is not excessive, the ACAT, in considering whether it is satisfied about the proposal, must consider the following matters:

        (a)     the rental rate before the proposed increase;

        (b)     if the lessor previously increased the rental rate while the relevant tenant was tenant

              (i)     the amount of the last increase before the proposed increase; and

              (ii)     the period since that increase;

        (c)     outgoings or costs of the lessor in relation to the premises;

        (d)     services provided by the lessor to the tenant;

        (e)     the value of fixtures and goods supplied by the lessor as part of the tenancy;

        (f)     the state of repair of the premises;

        (g)     rental rates for comparable premises;

        (h)     the value of any work performed or improvements carried out by the tenant with the lessor's consent;

              (i)     any other matter the ACAT considers relevant.

    (5)     If the ACAT considers a proposed rental rate increase is excessive but a lesser increase would not be, it may disallow so much of the increase as is excessive.

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