Western Australian Current Acts Western Australian Current Acts (1) Subject to this
section and except where rent payable under a residential tenancy agreement is
calculated by reference to the tenant’s income, the rent payable under a
residential tenancy agreement may be increased by the lessor by written notice
to the tenant, in a form approved by the Minister, specifying the amount of
the increased rent and the day as from which the increased rent becomes
payable, being a day —
(a) not
less than 60 days after the day on which the notice is given; and
(b) not
less than 6 months after the day on which the tenancy commenced, or, if the
rent has been increased under this section, the day on which it was last so
increased,
but otherwise the rent
shall not increase or be increased.
(2) The right of the
lessor to increase rent in accordance with subsection (1) —
(a) is
not exercisable in relation to a residential tenancy agreement that creates a
tenancy for a fixed term during the currency of that term unless the amount of
the increase, or the method of calculating the amount of the increase, is set
out in the agreement; and
(b) in
any case, may be excluded or limited by agreement between the lessor and the
tenant.
(3) A notice of
increase of rent that has been given in accordance with this section and that
has not been withdrawn by the lessor varies the residential tenancy agreement
to the effect that the increased rent specified in the notice is payable under
the agreement as from the day specified in the notice.
[Section 30 amended: No. 60 of 2011 s. 27, 88 and
89.]