This week’s question comes from John (paraphrased):
With respect to rent increases can you:
1. Give notice for two or more phased increases e.g. rather than one notice for $20 increase in 60 days give one notice for two $10 increase, one in 60 days and another in 240 days)?
2. Have as a condition in the tenancy agreement to increase the rent by $x per head for any additional tenant/flatmate who moves in during the tenancy?
No to both, we are afraid.
A quick recap on rules for increasing rent (not covering scenarios involving fixed-term tenancies or tenancies that are subject to an annual rent increase
process):
– Generally, you can only increase rent once every 180 days. However, if work has been done to the property or its facilities or the nature of the agreement
has changed to the benefit of the tenant then you and your tenant can agree to an increase even if that increase falls outside of the 180-day window.
Returning to normal rent after it has been reduced for a period is not considered a rent increase.
– All increases must be properly notified in writing: 60 days (+ service time) for normal
tenancies and 28 days (+ service time) for boarding house tenancies.
– The written notice must include: how much the rent is increasing by and the date the increased rent will take effect from. The landlord should also retain
a copy of the notice.
– You are entitled to collect extra bond money with each increase. The amount must be reflective of the increase and the rate of bond collected at the
start of the tenancy. For example, if at the start of...
