A NSW periodic tenancy started on 1 March 2026 and the rent has never been increased. The landlord wants a rent increase to take effect from 1 December 2026 and will give 60 days' written notice. Can the increase take effect then?
Correct Answer
C) No, rent cannot be increased within the first 12 months
Since 31 October 2024, rent cannot be increased within the first 12 months of a NSW residential tenancy agreement, and after an increase the landlord must wait at least 12 months before another. This applies to periodic and fixed-term agreements. A landlord must also give at least 60 days' written notice, but notice alone does not permit an increase within the first 12 months.
Why This Is the Correct Answer
1 December 2026 is less than 12 months after the tenancy began, so no increase can take effect then.
Why the Other Options Are Wrong
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A NSW landlord with a periodic tenancy plans significant renovations that require the property to be vacant. What is the minimum termination notice the agent must give the tenant?
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