It wouldn't work, as you had already issued the rent increase of $50 with the initial offer of a new lease (you would be silly not to as this is another 60 day notice period!), if you then issued a second rent increase of $70 it would be a void notice as you can only issue a notice of rent increase once every 6 months!I totally agree it is not a good business and I don't think I would do that either.
But would like to know if VCAT is allowed that to happen, as my argument point is that the $50 is with the lease, whereas $70 is without lease, as I need to add some contingency for tenant is able to move out quicker.
Super.
If you had given the tenant anything in writing indicating that the rent would only go up $50 IF they sign a new lease but would go up b $70 if they chose not to sign. Then increased it to $70 (when they wouldn't sign) this would probably be considered an invalid or unconscionable term which breaches the tenants rights. VCAT could then order the rent back down to the $50 increase or lower and could possibly order compensation to be paid to the tenant.
On top of all of this, you can be penalised under the legislation (5 penalty units I believe)!
Fortunately this isn't something which I have had to deal with but I have seen others go through similar.
At the end of the day - it absolutely wouldn't work!!!