Rent increases

Rent increases

Rent can only be increased if written notice has been given. Increases in rent can be excluded or limited by the residential park agreement, if the agreement is for a fixed term rent can not be increased during the term unless specifically agreed.

The park owner can increase the rent:

where the terms of the agreement allow it (eg: for fixed term agreements, provision for rent increases must be written into the agreement);
if the increase is 12 months since the agreement started or 12 months from the last rent increase;
the resident must be given 60 days' written notice of the date from which the rent will be increased;
If specific rent increases are set out in an agreement and the date on which the increases will occur are clearly defined, 60 days’ written notice is not required;
within 60 days after a housing improvement notice has been revoked with at least 14 days notice.

See Residential Parks Act 2007 (SA) s 21.

Rent can be reduced by agreement and can occur on a temporary basis.

Residents can apply to the South Australian Civil and Administrative Tribunal SACAT within 30 days of receiving notice of a rent increase for a determination that the proposed rent increase is excessive. SACAT can fix the amount of rent payable for that property and the length of time the rent will stay at that amount [see Residential Parks Act 2007 (SA) s 22].

Rent increases : Last Revised: Wed Mar 25th 2015
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.

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