From 6 June 2024, the legislation requires property managers/owners to provide the date of the last rent increase in a general tenancy and rooming accommodation agreement. There is no specific exemption for situations such as when a property is purchased within 12 months of a new tenancy starting, and property managers/owners do not have the information of the date of the last rent increase. There is however an exemption if this occurs within 12 months of the new change commencing.
The legislation does not address the situation where an owner who previously lived in the property begins renting it out for the first time and is unable to provide the date of the last rent increase. The date that rent becomes payable under the tenancy agreement is deemed to be the date of the last rent increase.
The Residential Tenancies Authority (RTA) recommends that property managers/owners communicate to the tenant in writing if they cannot provide the date of the most recent rent increase at the beginning of a tenancy including the reason why that information cannot be provided.
Tenants can ask for evidence of the last rent increase if they have concerns about compliance with the legislation, however, if the property was purchased within 12 months of the start of the tenancy, the property manager/owner is not required to provide evidence if they do not have it.
Please note: that under the legislation an owner is deemed to have evidence of the last rent increase if they, or their agent (e.g. real estate agent, property manager, lawyer) has this information in their possession or control.
If the issue cannot be resolved through self-resolution, the customers may request a dispute resolution through the RTA or a tenant can request an investigation by the RTA.