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Property ManagementLease AgreementsSAHARD

A landlord in South Australia wants to increase rent during a fixed-term lease that contains no rent review clause. Under what circumstances is this possible?

Correct Answer

A) Only by agreement with the tenant, and not within 12 months of the last increase

Under s 55 of the Residential Tenancies Act 1995 (SA), a fixed-term agreement is taken to exclude a rent increase during the term unless it specifically allows one. Rent may be increased at any time by mutual agreement, but any increase, including an agreed one, must be at least 12 months after the start of the agreement or the last increase.

Answer Options
A
Only by agreement with the tenant, and not within 12 months of the last increase
B
By giving the tenant 60 days' written notice at any time during the fixed term
C
Automatically after six months, if market rents in the local area have clearly risen
D
Only with SACAT's approval, where the tribunal agrees the proposed increase is reasonable

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Related Topics & Key Terms

Key Terms:

fixed-term leaserent increasemutual agreementResidential Tenancies Actcontractual certainty
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