Australian Capital Territory Current Regulations

RESIDENTIAL TENANCIES REGULATION 1998 - REG 5A

    (1)     The prescribed amount is worked out as follows:

    (2)     In this section:

"current index number" means the most recently published index number when the lessor gives the tenant notice of the proposed rental rate increase.

"current rental rate", for premises under a residential tenancy agreement, means—

        (a)     for a proposed consecutive tenancy agreement—the most recent rental rate for the premises under a terminating or terminated residential tenancy agreement; or

        (b)     in any other case—the most recent rental rate for the premises under the residential tenancy agreement.

"index number" means the rents subgroup of the housing group of the Consumer Price Index for Canberra published from time to time by the Australian statistician.

"initial index number" means the most recently published index number on—

        (a)     for a proposed consecutive tenancy agreement—

              (i)     if the rental rate has not been increased under a terminating or terminated residential tenancy agreement—the day the original tenancy agreement started; or

              (ii)     if the rental rate has been increased under a terminating or terminated residential tenancy agreement—the day the lessor gave the tenant notice of the most recent increase; or

        (b)     for an existing consecutive tenancy agreement—

              (i)     if the rental rate has not been increased under the existing agreement or a terminated residential tenancy agreement—the day the original tenancy agreement started; or

              (ii)     if the rental rate has been increased under the existing agreement or a terminated residential tenancy agreement—the day the lessor gave the tenant notice of the most recent increase; or

        (c)     in any other case—

              (i)     if the rental rate has not been increased under the residential tenancy agreement—the day the agreement started; or

              (ii)     if the rental rate has been increased under the residential tenancy agreement—the day the lessor gave the tenant notice of the most recent increase.

"original tenancy agreement", for premises under an existing consecutive tenancy agreement or for which there is a proposed consecutive tenancy agreement, means the residential tenancy agreement that started immediately after the lessor last had possession of the premises.