[Your name and address]
[Landlord’s or agent’s name and address]
Re: Invalid rent increase at [your address]
I refer to the residential tenancy agreement that 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.
You have asked that I pay a rent increase.
I draw your attention to section 41(1) of the Residential Tenancies Act 2010, which states:
“The rent payable under a residential tenancy agreement may be increased only if:
(a) the tenant is given a written notice by the landlord or the landlord’s agent specifying the increased rent and the day from which it is payable, and
(b) the notice is given at least 60 days before the increased rent is payable.”
Section 41 of the Act otherwise sets out the processes that a landlord must follow in seeking to increase a tenant’s rent.
(Scenario 1: rent increase notice not given – new agreement)
I have not received 60 days written notice of a rent increase. A rent increase notice is required to be given under section 41 even if a new tenancy agreement is signed by the tenant. Accordingly my rent under the new residential tenancy agreement remains at the old rent.
[OR] (Scenario 2: rent increase during fixed term of 2 years or more)
I am currently in a fixed term and although the agreement notes that the rent may be increased during the fixed term, a rent increase notice must still be given and may only occur once in any period of 12 months. Therefore, my rent remains at the amount stated under the tenancy agreement.
[OR] (Scenario 3: rent increase during fixed term of less than 2 years)
I am currently in a fixed term and although the agreement notes that the rent may be increased, it has not specified the date on which, and the amount by which, the rent payable will be increased as required under section 41(1A). Accordingly, my rent remains at the amount stated under the tenancy agreement.
[OR] (Scenario 4: multiple rent increase during periodic term)
I have already received a rent increase commencing on [date]. Under section 41(1B) of the Act, the rent in a periodic term may only be increased once in any period of 12 months. Accordingly I am not required to pay this further increase.