Clients must be given notice of Income Related Rent increase - change in circumstances
Following a change in circumstances review, the amount of the Income Related Rent charged by the housing provider cannot increase until the earliest rent effective date following the:
- 61-day period from the date of change in circumstances or
- 14-day notice period plus the service period, when this period cannot be included within the 61 days from the date of change in circumstances
whichever is the later.
Increases to the rate of Income Related Rent are not backdated.
If a rent increase should have occurred before the earliest rent effective date, consideration must be given on whether a debt needs to be established.
The new Income Related Rent must be charged by the housing provider at least 61 days after the date that the change in circumstances occurred.
The 61-day period provides:
- a standard timeframe and certainty to the client on how often the rent can be increased and
- time for the client to adjust their circumstances to pay the increased rent and to establish the new rent payments
The 61-day period is counted from the day after the day that the change in circumstances occurred.
Example - 61-day period
In this example, MSD has been notified at the point the change in circumstances occurs.
Day 0 | Day 1 to day 61 | The new calculated rate of Income Related Rent takes effect from the earliest rent effective date |
There is a change in circumstances and the client notifies MSD | 61-day period | |
14-day notice period calculated by CMS (+ service period + one system day) |
The housing provider must give at least a 14-day notice period to the client before the rent is changed.
The housing provider must also allow a 'service period' to allow the client time to get the notice.
Example - 14-day notice period
In this example, the change in circumstances has been notified late, a debt may be created.
- 170 days | Day 1 to day 19 | The new calculated rate of Income Related Rent takes effect from the earliest rent effective date |
Change in circumstances occurs | 14-day notice period calculated by CMS (service period + one system day) |
The housing provider must give at least a 14-day notice period to the client before the rent is changed.
The housing provider must also allow a 'service period' to allow the client time to get the notice.
For more information see:
Legislation
- Changes in rent (community housing) section 93 Public and Community Housing Management Act 1992
- Changes in rent (Kāinga Ora) section 73 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
- Increase in rent due to change in tenant's circumstances (Kāinga Ora) section 74 Public and Community Housing Management Act 1992
