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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 92
Tenant’s application to tribunal about rent increase
92 Tenant’s application to tribunal about rent increase
(1) This section applies if the lessor gives the tenant notice of a proposed
rent increase and the tenant believes the increase— (a) is excessive; or
(b) is not payable under section 91 .
(2) The tenant may apply to the
tribunal for an order mentioned in subsection (4) .
(3) The application must
be made— (a) within 30 days after the tenant receives the notice; and
(b)
if the agreement is a fixed term agreement—before the term of the agreement
ends.
(4) The tribunal may make either of the following orders on an
application under this section— (a) an order reducing the amount of the
proposed increase of rent by a stated amount;
(b) an order setting aside the
amount of the proposed increase of rent.
(5) In deciding the application, the
tribunal must have regard to the following— (a) the range of market rents
usually charged for comparable premises;
(b) the proposed increased rent
compared to the current rent;
(c) the state of repair of the premises;
(d)
the term of the tenancy;
(e) the period since the last rent increase (if
any);
(f) if the proposed rent increase relates to the
prescribed minimum housing standards—any repairs or maintenance carried out
to the premises or inclusions;
(g) if the proposed rent increase relates to
keeping a pet or working dog at the premises—the approval to keep the pet or
the right to keep the working dog.
(6) The tribunal may also have regard to
other matters the tribunal considers relevant.
(7) Without limiting the
tribunal’s powers, the tribunal may make an interim order about payment of
the rent increase pending its final decision on the application.
(8) This
section does not apply if— (a) the lessor is the chief executive of the
department in which the Housing Act 2003 is administered, acting on behalf of
the State; or
(b) the lessor is the State and the tenant is an officer or
employee of the State; or
(c) the lessor is the replacement lessor under a
community housing provider tenancy agreement.
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