A fixed-term lease in Queensland is due to expire in 30 days. The landlord wants to increase rent by 15% and the tenant wants to renew. The property manager checks comparable rentals and finds the increase is justified by market conditions. What is the minimum notice period required for the rent increase?
Correct Answer
D) The new agreement can set the higher rent, if 12 months have passed since the last increase
Section 91 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) requires 2 months' written notice of a rent increase during a periodic tenancy or under a fixed term, but it expressly does not apply to an increase from one fixed term agreement to the next. A renewal can therefore set a higher rent in the new agreement. Section 93 still applies: rent for the premises cannot be increased less than 12 months after the last increase, even under a new agreement.
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A fixed-term lease in NSW expires and the tenant continues to pay rent which the landlord accepts. What type of tenancy arrangement now exists?
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