Invalid rent increase

Note: tenancy law changed on 23rd March 2020. All our factsheets are up to date, but sample letters are still under review.

You can use this sample letter when you have received a notice of rent increase but you do not think it is valid notice because it does not give you enough days notice.

Cut and paste the template letter below or download a copy from the link above. Remember to substitute your details for the details contained in [square brackets].

[Your name and address]


[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 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.

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(3) of the same Act states:

“A rent increase is not payable by a tenant unless the rent is increased in accordance with this section or the rent is increased by the Tribunal.”

Section 41 of the Act sets 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]