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NSW When Should Rent Increase Under Property Law?

Discussion in 'Property Law Forum' started by Baiazid, 5 August 2016.

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  1. Baiazid

    Baiazid Active Member

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    Hi,

    I am renting in Redfern for 3-4 years now. Until now, I received periodical rent increase (12months).

    Last rent increase (effective date) was 7 Jan 2016. Today I received email that my rent will increase again with effective date of 7 Nov 2016. I thought was a 12-month interval between increases and I asked the agency.

    Their reply is:

    "According to NSW law, 6 months must pass between the rent increase.

    Notice of a rent increase

    If the fixed term period of your lease has ended and you are on a continuing (periodic) tenancy the landlord may increase the rent by giving you at least 60 days notice in writing before the date the increased rent becomes payable. The notice must:

    · specify the proposed new amount of rent (not the amount of the increase) and

    · specify the date from which the increased rent is payable and

    · be signed, dated and properly addressed to you.

    If you have entered into a tenancy without having a written agreement in place, the rent cannot be increased during the first 6 months.

    If you are renewing a tenancy agreement for a further fixed term, the rent cannot be increased automatically. You must still be given 60 days written notice before the rent increase can take effect."


    Question: Are they right under property law?
     
  2. Tim W

    Tim W Lawyer

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    Are you on a standard NSW residential lease?
    Is it still in effect?
     
  3. Baiazid

    Baiazid Active Member

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    Hi Tim, from my contract:

    Started in 2010 for one year
    Continuation: at the end of the first year, tenant can stay at the same rent or increased rent in accorance with the residential tenancy act 1987.

    In Jan 2016 rent increase was 3.4% and in November they want to apply another 3.37%
     

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