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.

Section 28: replaced, on 1 October 2010, by section 22 of the Residential Tenancies Amendment Act 2010 (2010 No 95).