New South Wales Consolidated Acts
[Search this Act]
RESIDENTIAL TENANCIES ACT 2010 - SECT 41
41 Rent increases
(1) The rent payable under a residential tenancy agreement may be increased
(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
(b) the notice is given at least 60 days before the increased
rent is payable.
(1A) Subsection (1) does not apply to a fixed term agreement
for a fixed term of less than 2 years that specifies the date on which, and
the amount by which, the rent payable under that agreement will be increased.
This subsection does not affect the operation of subsection (2) in relation to
the renewal of a fixed term agreement.
(1B) The rent payable under a
periodic agreement may not be increased more than once in any period of 12
(2) This section extends to an increase in the rent payable under a
residential tenancy agreement on renewal of the agreement as if the increase
were an increase during the term of the agreement.
Note : Notice of a rent
increase on renewal is required under subsection (1) before the lease is
(3) 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
(4) The residential tenancy agreement is varied to specify the
increased rent from the date the rent is increased in accordance with this
(5) Notice of a rent increase must be given by a landlord or
landlord's agent in accordance with this section even if details of the rent
increase are set out in the residential tenancy agreement.
(6) Notice of a
rent increase may be cancelled or varied (so as to reduce the increase) by a
subsequent written notice given to the tenant by or on behalf of the landlord.
Any such later notice takes effect from the date on which the earlier notice
was to take effect.
(7) Notice of a rent increase is not required to be given
by a landlord or landlord's agent if the increase arises because of the end
of, or a reduction in, a rent reduction.
(8) Subsections (1)-(7) are terms of
every residential tenancy agreement.
(9) A landlord or landlord's agent must
not contravene this section.
: Maximum penalty--20 penalty units.
Tribunal must not make an order that a rent increase is not payable because
this section has not been complied with unless the application for the order
is made not later than 12 months after the rent is increased. If an
application has not been made within that 12-month period, the rent increase
is taken to comply with this section.
AustLII: Copyright Policy