Western Australian Numbered Acts Western Australian Numbered Acts After section 30
insert:
31A. Variation of rent where calculated by
reference to tenant’s income
(1) Where rent payable
under a residential tenancy agreement is calculated by reference to the
tenant’s income, the method by which the rent is calculated by reference
to that income may be changed by the lessor in accordance with this section
but otherwise the rent must not increase or be increased.
(2) The method may be
changed by notice in writing to the tenant, in a form approved by the
Minister, specifying —
(a) the
change to the method; and
(b) the
day as from which the change will take effect, being a day —
(i)
not less than 60 days after the day on which the
notice is given; and
(ii)
not less than 6 months after the day on which the
tenancy commenced, or, if the means of calculating rent has been changed under
this section, the day on which it was last so changed.
31B. Increase in rent after renegotiating lease
If —
(a) a
residential tenancy agreement creates a tenancy for a fixed term (the former
agreement ); and
(b) the
parties enter into a new residential tenancy agreement in relation to the same
premises (the new agreement ) that is to commence immediately after the end of
the term of the former agreement, whether under the terms of the agreement or
under section 76C,
then, during the first
30 days after the new agreement was entered into, the tenant cannot be
required under the new agreement to pay an amount of rent more than the amount
payable under the former agreement.