Client must be given notice of rent increase - annual review
Following an annual review, the amount of the rent charged by the housing provider cannot increase until the earliest rent effective date following the:
- 14-day notice period (plus service period) or
- 60-day notice period (plus service period)
Change in circumstance at annual review
A change in circumstance may happen during an annual review where a client has had a change before the annual review was initiated, or during the annual review process and the change has not yet been activated or notified.
The housing provider must use the 14-day notice period at annual review when an increase to the rate of Income Related Rent is due to a change in circumstances.
Note the new rent must not be charged by the housing provider at least 61 days after the date that the change in circumstances occurred.
For more information see:
Other changes at annual review
You will need to provide the housing provider with the date of processing if you are activating and notifying the housing provider of other changes to the rate of Income Related Rent during an annual review.
A housing provider must use the 60-day notice period at annual review when:
- the client is paying rent at the market rent rate and the housing provider increases the rate of market rent or
- following the annual review of the rate of Income Related Rent where the rate has been increased as a result of the annual general adjustment to the rates of MSD's financial assistance or
- when a client has not completed an annual review form or provided sufficient information to process an annual review
The housing provider will count the 60-day notice period from the date after the date of the processing of the annual review.
Note the new rent cannot be charged by the housing provider within 12 months of the day after:
- the day the rent last increased or
- the day the tenancy started
For more information see:
Legislation
- Changes in rent (community housing) section 93 Public and Community Housing Management Act 1992
- Changes in rent (Kāinga Ora housing) section 73 Public and Community Housing Management Act 1992
- Increase in rent due to change in tenant's circumstances (Kāinga Ora) section 74 Public and Community Housing Management Act 1992
- Increase in rent due to change in tenant's circumstances (community housing) section 94 Public and Community Housing Management Act 1992
- Rent increases section 24 Residential Tenancies Act 1986
