Sample Letter - Incorrect rent increase

[Your name and address]

[Date]

[Landlord’s or agent’s name and address]

Dear …

Re: Invalid rent increase under new residential tenancy agreement at [your address]

I refer to the residential tenancy agreement which I signed on [date]. The term of this agreement is [number] months, beginning on [date]. The rent starting on [date] is shown on the agreement as $ [amount] per week.

I draw your attention to section 45(2) of the Residential Tenancies Act 1987. which states:

“A day specified as the day from which increased rent is payable shall not be earlier than 60 days after the day on which notice of the increase was given under this section.”

Section 45(5) of the same Act states:

“A rent increase ... is not payable by a tenant under a residential tenancy agreement unless the rent is increased in accordance with this section or by an order of the Tribunal.”

Section 45 of the Act spells out the process a landlord must follow in seeking to increase a tenant’s rent. This is regardless of any new residential tenancy agreement signed by the tenant.

 I have not received 60 days written notice of a rent increase. Accordingly my rent under the new residential tenancy agreement remains at the old rent.

Please find attached a cheque for $ [amount] covering my rent at the old rent for the two week period [date] to [date].

Yours sincerely,

T Tenant