Victorian Current Acts Victorian Current ActsS. 44(1) amended by Nos 45/2002 s. 12(1)(a), 45/2018 s. 34(2).
(1) A residential rental provider must give a renter at least 60 days notice in the prescribed form of a proposed rent increase.
(2) A notice of a proposed rent increase under subsection (1) may only provide for one rent increase.
S. 44(3) amended by No. 45/2002 s. 12(1)(b), substituted by No. 45/2018 s. 34(3).
(3) The notice of a proposed rent increase must include—
(a) the amount of the rent increase; and
(b) the method by which the rent increase was calculated; and
(c) a statement informing the renter of the renter's right under section 45 to apply within 30 days after the notice is given to the Director to investigate and report on the proposed rent.
S. 44(4) substituted by No. 45/2018 s. 34(4).
(4) A residential rental provider under a fixed term residential rental agreement must not increase the rent before the term ends unless the agreement—
(a) provides for a rent increase within the fixed term of a specified amount and the increase is not more than that amount; or
(b) specifies the method by which a rent increase within the fixed term is to be calculated and the increase is not more than an amount calculated using the specified method.
S. 44(4A) inserted by No. 45/2002 s. 12(2), amended by No. 45/2018 s. 34(5).
(4A) A residential rental provider must not increase the rent payable under a residential rental agreement at intervals of less than 12 months.
S. 44(4B) inserted by No. 45/2018 s. 34(6).
(4B) For the purposes of this section, rent is not increased merely because—
S. 44(4B)(a) amended by No. 40/2022 ss 60(10), 61.
(a) a rental rebate is applied, adjusted or cancelled under a residential rental agreement where the residential rental provider is Homes Victoria, a registered agency or a provider of affordable housing under the Victorian Affordable Housing Programs; and
(b) the application, adjustment or cancellation of that rental rebate caused an increase in the amount payable by the renter under that residential rental agreement.
(5) A rent increase in contravention of this section is invalid.
S. 45 (Heading) inserted by No. 45/2018 s. 346(1).