The Residential Tenancies Act 2010 outlines the requirements concerning rent payment increases and it is essential for both you as the landlord, and us as your property managers, to issue these increases to your tenants according to legislation.
Here are the key points:
- Rent can only be increased once in a 12-month period whilst a lease agreement is in place.
- You must give the tenant at least 60 days written notice before the increase starts.
- The notice needs to detail the proposed rent amount, start date, signed, dated, and be adequately addressed to the tenant.
More information you should be aware of:
Both fixed term and periodic leases only permit a rental increase once in a 12-month period and both must include the amount and the date when the increased rent will take place. Also, the landlord or agent may not give 60 days notice of a rent increase is the fixed term lease is less than 2 years and states in the agreement the amount of rent increase and the day the increased rent applies.
If the notice is sent via a posted letter, the agent must allow 7 business days for the delivery to arrive the tenant's rental address which then the 60 days notice will commence.
When renewing the tenancy fixed term agreement, the rent cannot be increased immediately because notice must be given prior to the higher rent takes action. If the landlord or agent would like to increase the rent directly after the lease renewal occurs, 60 days notice will need to be given prior.
Some mistakes that can occur when issuing the rent increase:
- Ringing or speaking with the tenant, informing them of the increased rent and when the higher rent will commence.
- Not taking into consideration the postage time for sending written notice and the letter arriving after the 60 days notice commences.
Have more questions about your Newcastle investment property? Want to ensure you are maximising your returns? Why not see for yourselves the difference a dedicated team of property managers makes? For a free copy of our Property Investors Guide or for an obligation-free chat, email our Director, Casey Healey on casey@c21newcastle.com.au or phone 02 4928 7400 today.