(1) A tenant may apply to the Commissioner for an order declaring that
an increase in the rent payable under a residential tenancy agreement is
unreasonable.
(1A) An application made under subsection (1) is to be accompanied
by the prescribed fee.
(1B) An application may only be made under subsection (1) by a
tenant within the period of 60 days after the tenant is notified of the
increase under section 20 .
(1C) The Commissioner may, if he or she thinks fit, conduct a hearing in
relation to an application for an order under this section.
(2) In determining whether an increase in the rent is unreasonable, the
Commissioner is to have regard to –
(a) the general level of rents for comparable residential premises in the
locality or a similar locality; and
(b) any other relevant matter.
(3) If satisfied that the increase in the rent is unreasonable, the
Commissioner may order that the increase in the rent be changed to an amount
that does not exceed a specified amount.
(4) Subject to subsection (7)(a) and any contrary order of a court,
an order of the Commissioner under this section remains in force until the day
on which rent may be increased under section 20 .
(5) If the Commissioner has determined an application made under
subsection (1) in respect of premises, a tenant or an owner in respect of
the premises may apply to the Court to determine whether the increase in the
rent, payable under the residential tenancy agreement in respect of the
premises before the Commissioner determined the application, is unreasonable.
(6) An application may only be made under subsection (5) by a
tenant or owner in respect of premises within the period of 60 days after the
tenant or owner is notified that the Commissioner has determined an
application made under subsection (1) in respect of the premises.
(7) If an application is made under subsection (5) in respect of
premises –
(a) any order made by the Commissioner under this section in relation to the
premises is of no effect, unless the application is withdrawn; and
(b) the Court is to determine the application as if –
(i) the Commissioner had not determined an application made under
subsection (1) in respect of the premises; and
(ii) a reference in subsection (2) , (3) or (4) to the Commissioner were
a reference to the Court.
