Increasing Rent NSW

[redwing]

Speaking with the Property Manager (NSW) the other day I queried the ability to have a twelve (12) month lease with an increase written in for rent at the six (6) month period.

I was told this was not possible in NSW, it would have to be a six month lease, then a new six month lease at the increase?

Having previously done the first scenarion in WA by writing in the increase in $ amount in the lease I am wondering if th PM is right, initial investigations reveal I may be able to do so, but would appreciate feedback from others

I have spoken to two (2) other PM's at the Real Estate company and received the same feedback (cannot be done).

LegislationNSW

45 Increase of rent

(1) The rent payable by a tenant under a residential tenancy agreement shall not be increased except by notice in writing given to the tenant specifying the amount of the increased rent and the day from which the increased rent is payable.
(2) A day specified as the day from which increased rent is payable shall not be earlier than 60 days after the day on which notice of the increase was given under this section.
(2A) A notice given under this section may be cancelled by a later notice or a later notice may provide for a lesser increase than that specified in the earlier notice.
(2B) A later notice has effect instead of the earlier notice and takes effect from the date on which the earlier notice was to take effect.
(3) A notice of increase of rent given in accordance with this section (and not cancelled by a later notice or affected by any order of the Tribunal) varies the residential tenancy agreement so that the increased rent specified in the notice is payable under the agreement from the day specified in the notice.
(4) The rent payable by a tenant under a residential tenancy agreement that creates a tenancy for a fixed term shall not be increased during the currency of the term unless the amount of the increase, or a method for calculating the amount of the increase, is set out in the agreement.
(5) A rent increase (including a rent increase permitted under subsection (4) or provided for in any other residential tenancy agreement) is not payable by a tenant under a residential tenancy agreement unless the rent is increased in accordance with this section or by an order of the Tribunal.
(6) A landlord shall not contravene or fail to comply with this section.

Fair Trading

How can rent be increased?

Rent may be increased after the fixed term period of the agreement has expired. Before a landlord (other than the Department of Housing) can increase the rent the tenant must be given at least 60 days notice in writing. The notice must show the amount of the increased rent and the day from which the increased rent is to be paid. This also applies where an existing agreement is to be renewed.

If the notice is sent by post at least four working days should be added to the amount of notice, to allow time for the notice to be delivered.

For rent to increase during a fixed term tenancy the agreement must have an additional term showing the amount of the increase or the method of calculating it. A 60 days rent increase notice must still be given.

Not sure why they are arguing the point, I will send the above through in the a.m. and see what response I get