RTA · Residential Tenancies Ministerial Regulation
3 Rent increase
the contrary, for the purposes of section 14(4) of the Act, a landlord
shall not increase the rent payable by a tenant under a residential
tenancy agreement in respect of a periodic tenancy or recover any
additional rent resulting from an increase unless at least 365 days
has passed since
(a) the commencement of the tenancy, whether the tenancy
commenced before or after the coming into force of this
section, or
(b) the last increase in rent,
whichever is later.
(2) Despite subsection (1), a landlord shall not increase the rent
payable by a tenant under a residential tenancy agreement in
respect of a periodic tenancy after the landlord has served a notice
of termination on the tenant under section 12(2) of the Act or for
the reason prescribed in section 2(2)(c)(ii) of this Regulation.
(3) Despite any agreement, declaration, waiver or statement to the
contrary, a landlord shall not increase the rent payable by a tenant
under a residential tenancy agreement in respect of a fixed term
tenancy for a term of one year or more or recover any additional
rent resulting from an increase during the term of the tenancy.
(4) Despite any agreement, declaration, waiver or statement to the
contrary, a landlord shall not increase the rent payable by a tenant
who is occupying the same premises under 2 or more consecutive
residential tenancy agreements in respect of fixed term tenancies
each for a term of less than one year or recover any additional rent
resulting from an increase unless at least 365 days has passed since
(a) the commencement of the first of those tenancies, whether
the first of those tenancies commenced before or after the
coming into force of this section, or
(b) the last increase in rent,
whichever is later.
Section 4 AR 211/2004
(5) Despite subsection (4)(b), if the 365th day occurs during the
term of a fixed term tenancy, the landlord shall not increase the rent
until the expiration of that tenancy.
AR 211/2004 s3;115/2007