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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 93
Minimum period before rent can be increased
93 Minimum period before rent can be increased
(1) A lessor or lessor’s agent must not increase the rent payable by a
tenant under a residential tenancy agreement less than 12 months after— (a)
the day of the last increase for the agreement; or
(b) if there has not been
an increase for the agreement, the first day the tenant was required to pay
rent under the agreement.
Penalty— Maximum penalty—20 penalty units.
(2) If at least 1 tenant’s right to occupy the same premises is continued
across 2 or more residential tenancy agreements, subsection (1) applies as if
the agreements were a single residential tenancy agreement.
(3) For
subsection (1) , it does not matter whether or not the lessor or agent who
increases the rent is the same person as the lessor or agent who last
increased the rent.
(4) Nothing in this section prevents the lessor or agent
from giving notice of an increase in rent within the 12 months mentioned in
subsection (1) provided the increase does not take effect until the end of the
12 months.
(5) 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.
(6) In this
section—
"increase" includes purportedly increase.
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