Residential Tenancies Amendment Act 2010

22 New sections 28 to 28B substituted

  • Section 28 is repealed and the following sections are substituted:

    “28 Increase of rent by agreement or order in case of substantial improvements, improved facilities, or variation of terms

    • “(1) The landlord and the tenant may agree to increase the rent if the landlord has, with the consent of the tenant,—

      • “(a) made substantial improvements to the premises (not being general or necessary repairs) that increase the value of the premises and constitute a material benefit to the tenant:

      • “(b) increased or improved the facilities or services (other than general or necessary repairs) provided for the tenant:

      • “(c) agreed to a variation in the terms of the tenancy that benefits the tenant.

      “(2) If the tenant does not agree to the increase proposed by the landlord, the landlord may apply to the Tribunal for an order increasing the rent.

      “(3) The Tribunal may, on an application under subsection (2), make an order increasing the rent by any amount the Tribunal thinks fit, if the Tribunal is satisfied that (except for the absence of agreement on increasing the rent) subsection (1) applies to the tenancy.

    “28A Increase of rent by order in case of unforeseen expenses

    • The Tribunal may, on application by the landlord, make an order increasing the rent by any amount the Tribunal thinks fit if the landlord—

      • “(a) has incurred expenses in respect of the premises; and

      • “(b) the nature or the amount of those expenses could not reasonably have been foreseen when the rent was last fixed.

    “28B Effect of rent increases under section 28 or 28A

    • “(1) An increase of rent agreed or ordered under section 28 or 28A does not affect the dates on which the rent may otherwise be reviewed or increased.

      “(2) An increase of rent agreed or ordered under section 28 or 28A during the currency of any order made by the Tribunal under section 25—

      • “(a) does not affect the expiry date of that order; and

      • “(b) is to be treated as an amendment of that order.

      “(3) Sections 28 and 28A override sections 24 and 26.”