South Australian Consolidated Acts South Australian Consolidated Acts55—Variation of rent
(1) The landlord may
increase the rent payable under a residential tenancy agreement by giving
written notice to the tenant specifying the date as from which the increase
takes effect.
A series of residential tenancy agreements between the same parties and
relating to the same premises is treated as a single residential tenancy
agreement for the purposes of this section unless at least six months have
elapsed since rent for the premises was fixed or last increased.
(2) However—
(a) the
right to increase the rent may be excluded or limited by the terms of the
residential tenancy agreement; and
(b) if
the tenancy is for a fixed term, the residential tenancy agreement is taken to
exclude an increase in rent during the term unless it specifically allows for
an increase in rent; and
(c) the
date fixed for an increase of rent must be at least six months after the date
of the agreement or, if there has been a previous increase of rent under this
section, the last increase and at least 60 days after the notice is given
but—
(i)
if the maximum rent for the premises has been fixed by a
housing improvement notice, and the notice is revoked, the landlord may, by
notice given under this section within 60 days after revocation of the
housing improvement notice, increase the rent for the premises from a date
falling at least 14 days after the notice is given; and
(ii)
if the landlord is a registered housing co-operative, and
the residential tenancy agreement provides for variation of rent in accordance
with the tenant's income, the landlord may increase the rent on the ground of
a variation in the tenant's income from a date falling at least 14 days after
the notice of the increased rent is given; and
(iii)
if the landlord is a registered housing co-operative
under a residential tenancy agreement that allows the landlord to change the
basis of calculating the rent payable under the agreement, and the landlord
gives the tenant written notice that there is to be a change in the basis of
calculating rent as from a specified date (which must be at least 60 days
after the notice is given and at least six months from the date of the
agreement, or if there has been a previous change in the basis of rent
calculation, at least six months from the date of the last such change), the
rent may be increased to accord with the new basis of rent calculation as from
the specified date without further notice under this section.
(3) The rent payable
under a residential tenancy agreement may be reduced by mutual agreement
between the landlord and the tenant.
(4) A reduction of
rent may be made on a temporary basis so that the rent reverts to the level
that would have been otherwise applicable at the end of a specified period.
(5) If the rent
payable under a residential tenancy agreement is increased or reduced under
this section, the terms of the agreement are varied accordingly.
(6) This section does
not affect the operation of a provision of a residential tenancy agreement
under which the rent payable under the agreement changes automatically at
stated intervals on a basis set out in the agreement.