PART 4Rent

CHAPTER 3Rent pressure zones

Improvements to let property

42Rent officer’s power to allow rent rise in consequence of improvement

1

On an application by the landlord under a private residential tenancy, a rent officer is to determine the amount (if any) by which the rent payable under the tenancy may be increased in consequence of an improvement made to the let property.

2

The rent payable under a tenancy may not be increased by virtue of a determination made in respect of an improvement which was completed before—

a

the tenancy was granted, or

b

if the rent payable under the tenancy has changed previously, the day on which it last changed.

3

The rent payable under a tenancy may not be increased more than once by virtue of a single determination.

4

In subsection (1), “improvement” does not include anything done to the let property—

a

which is paid for in whole or in part by the tenant, or

b

by way of repair, maintenance or decoration.

5

In a case where two or more persons jointly are the tenant under a tenancy, the reference to the tenant in subsection (4)(a) includes any one of them.