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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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