RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 92 Tenant’s application to tribunal about rent increase

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 92

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.