RESIDENTIAL TENANCIES ACT 1995 - SECT 55
RESIDENTIAL TENANCIES ACT 1995 - SECT 55
55—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.
(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 12 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 a rent control notice that has applied in respect of
the rented property ceases to be in force, the landlord may, by notice given
under this section within 60 days after the rent control notice ceases to be
in force, 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 community housing provider, 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 community housing provider 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 12 months from the date of the agreement, or if there has been a
previous change in the basis of rent calculation, at least 12 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.
(2a) Despite
subsections (1) and (2), the rent payable under a
residential tenancy agreement may be increased at any time by mutual agreement
between the landlord and the tenant.
(2b) However, an
increase of rent under subsection (2a) must be at least 12 months
after the date on which the residential tenancy agreement was entered into or,
if there has been a previous increase of rent under this section, the last
increase.
(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.
(7) For the purposes
of this section, a series of residential tenancy agreements between the same
parties (whether on the same terms or otherwise) and relating to the same
premises is treated as a single residential tenancy agreement unless at least
12 months have elapsed since rent for the premises was fixed or last
increased.