I am seeking clarification about the application of clauses 35 and 37 of the Standard Residential Tenancy Agreement. They state:
- 35. The rent may not be increased at intervals of less than 12 months from either the beginning of the Tenancy Agreement for the first increase, or after that, from the date of the last increase.
37. The restriction on increase in rent applies provided the identity of at least 1 of the tenants who occupy the premises remains the same as at the time of the last increase.
Has anyone ever explored these sections and had rental increases considered (or not) under these terms?
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I see that there is a wide spectrum of potential effects from applying 37. At one end of the spectrum, if leases are broken frequently with an individual leaving and a new individual coming in, in theory, there may be long periods of time where the rent cannot go up as there is always an individual the same since the last increase. At the other end of the spectrum, if in fact this section is not applied, doesn’t it mean that every time a lease is broken, the rent can be put up, meaning that a property with frequent changes might (in theory) increase in rent every few months, whenever there is a change to the lease?