Queensland Consolidated Acts

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RESIDENTIAL TENANCIES ACT 1994 - SECT 53A

53A Tenant's application to tribunal about rent increase

(1) If the lessor gives the tenant notice of a proposed rent increase under section 53 and the tenant considers the increase is excessive, the tenant may apply to a tribunal for an order under this section.

(2) The application must be made--

(a) within 30 days after the tenant receives the notice; and
(b) if the agreement is a fixed term agreement--before the term of the agreement ends.

(3) The tribunal may make either of the following orders on an application under this section--

(a) an order reducing the amount of the proposed increase of rent by a stated amount;
(b) an order setting aside the amount of the proposed increase of rent.

(4) In deciding the application, the tribunal must have regard to the following--

(a) the range of market rents usually charged for comparable premises;
(b) the proposed increased rent compared to the current rent;
(c) the state of repair of the premises;
(d) the term of the tenancy;
(e) the period since the last rent increase (if any);
(f) anything else the tribunal considers relevant.

(5) Without limiting the tribunal's powers, the tribunal may make an interim order about payment of the rent increase pending its final decision on the application.

(6) This section does not apply if the lessor is the State.



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