A NSW landlord increased the rent five months ago. The same tenants, who have stayed in the property, now sign a new 12-month fixed-term lease with the same landlord, and the landlord wants a higher rent from the start of the new lease. What applies?
Correct Answer
D) No increase until 12 months after the last one, as it is the same agreement
NSW Fair Trading states that when a tenant renews or changes the type of agreement, it is still treated as the same rental agreement for rent increase purposes if the landlord has not changed, at least one tenant is the same, and the tenant has not moved out between agreements. The landlord must therefore wait at least 12 months from the last increase. The exception for written-in increases applies only to fixed terms under 2 years that began before 13 December 2024.
Why This Is the Correct Answer
Same landlord, same tenants and no move-out means the renewal is the same agreement, so the 12-month wait continues.
Why the Other Options Are Wrong
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