(1)  An owner, by written notice to the tenant, may increase the amount of the rent payable by the tenant in respect of residential premises if –

(a) the written residential tenancy agreement for those premises allows for an increase; or

(b) there is no written residential tenancy agreement for those premises.

(2)  A notice is to specify –

(a) the amount of the rent as increased; and

(b) the day from which the increase in the rent takes effect.

(3)  Except in the case of a residential tenancy agreement that relates to social housing, an increase in rent may only take effect from a day that is more than 60 days after the day on which the notice is given and is a day that is –

(a) not less than 12 months after the residential tenancy agreement commenced or was extended or renewed; or

(b) .  .  .  .  .  .  .  .  

(c) if rent has been previously increased, more than 12 months after the last increase; or

(d) if the Commissioner makes an order under section 23(3) , more than 12 months after the date of that order.

(3A)  If a residential tenancy agreement relates to social housing, an increase in rent may only take effect from a day that is more than 60 days after the day on which the notice is given.

(4)  A notice operates to vary the residential tenancy agreement to the effect that the increased rent as specified in the notice is payable under the agreement from the day specified in the notice.

(5)  For the avoidance of doubt, it is stated that if –

(a) a social housing provider or housing support provider is providing rent assistance to, or in relation to, an eligible person; and

(b) the social housing provider or housing support provider reduces the amount or amounts he or she is paying so as to cause the eligible person to pay a higher contribution towards the rent in respect of which he or she is or was receiving rent assistance –

the reduction of the amount or amounts that the social housing provider or housing support provider is paying does not constitute an increase in rent.