[Your name and address]

[Date]

[Landlord’s or agent’s name and address]

Dear …

Re: Invalid rent increase at [your address]

I refer to the residential tenancy agreement that I signed on [date]. The term of this agreement is [number] months, beginning on [date]. The rent starting on [date] is shown on the agreement as $[amount] per week.

You have asked that I pay a rent increase. 

I draw your attention to section 41(1) of the Residential Tenancies Act 2010, which states:

"The rent payable under a residential tenancy agreement may be increased only if:

(a) the tenant is given a written notice by the landlord or the landlord’s agent specifying the increased rent and the day from which it is payable, and

(b) the notice is given at least 60 days before the increased rent is payable."

Section 41 of the Act otherwise sets out the processes that a landlord must follow in seeking to increase a tenant’s rent. 

[CHOOSE THE SCENARIO THAT APPLIES TO YOU AND DELETE THE OTHERS:]

[SCENARIO 1: rent increase notice not given in new agreement]

I have not received 60 days written notice of a rent increase. A rent increase notice is required to be given under section 41 even if a new tenancy agreement is signed by the tenant. Accordingly, I am not required to pay this increase.

[OR SCENARIO 2: rent increase during fixed term of 2 years or more]

I am currently in a fixed term and although the agreement notes that the rent may be increased during the fixed term, a rent increase notice must still be given and can only occur once in any period of 12 months under section 41(1A).Therefore, my rent remains at the amount stated under the tenancy agreement. 

[OR SCENARIO 3: rent increases multiple times in 12 months of an agreement]

I have already received a rent increase commencing on [date]. Under section 41(1A) of the Act, the rent in any residential tenancy agreement may only be increased once in any period of 12 months. Accordingly I am not required to pay this further increase. 

[OR SCENARIO 4: rent increase in the first 12 months]

I signed my tenancy on [date]. According to section 41(1A), the rent may not be increased within 12 months after the start of the tenancy. Accordingly I am not required to pay this increase. 

Yours sincerely,

[T Tenant]