Home    When can I increase the rent?

Most State government have rules about when a landlord can increase the rent on their investment property. The restrictions only apply where there is an existing tenant in the property, so if you are looking to sign on a new tenant you can just change the asking rent when you advertise.

 

Generally speaking, if the tenant is on a fixed-term agreement, you can only increase the rent during that period if the terms of the lease agreement specifically allow for it. Otherwise, where the tenant is on a periodic (continuing) lease, in most States you must give them 60 days notice of the increase in writing (ACT and NT have shorter notice periods).

 

We have summarised some of the key points below but please see your relevant State body’s website for more information.

 

 

New South Wales (NSW)

Fair Trading

  • Fixed-term lease (less than 2 years): Cannot increase the rent during the fixed-term unless the terms of the lease specifically allow for it and define the amount (in this case, give tenant 60 days written notice)
  • Fixed-term lease (2 years or more): Can increase the rent at any time by giving at least 60 days notice in writing (however cannot increase the rent more than once over a 12 month period)
  • Periodic (continuing) Lease: Can increase the rent by giving at least 60 days notice in writing
  • Notice Form: no specific form but notice must specify the amount of the new rent, the date from which it is payable and be signed, dated and addressed to the tenant
  • Tenant’s rights: within 30 days of receiving the notice, the tenant can apply to the NSW Civil and Administrative Tribunal if they think the rent increase is excessive

 

Victoria (VIC)

Consumer Affairs Victoria

  • Fixed-term Lease: Cannot increase the rent during the fixed-term unless the terms of the lease specifically allow for it
  • Periodic (continuing) Lease: Can increase the rent by giving at least 60 days notice in writing but can do so only once in any 6 month period
  • Notice Form: Specific form found here
  • Tenant’s rights: within 30 days of receiving notice, the tenant can seek a rent assessment from Consumer Affairs if the tenant thinks the increase is excessive (after considering market rent)

 

Queensland (QLD)

Residential Tenancies Authority  

  • Fixed-term lease: Cannot increase the rent during the fixed-term unless the terms of the lease specifically allow for it and define the amount (in this case, give tenant 2 months written notice)
  • Periodic (continuing) Lease: Can increase the rent by giving at least 2 months notice in writing but can do so only once in any 6 month period and it has been at least 6 months since the tenancy started
  • Notice Form: no specific form required but notice must be in writing
  • Tenant’s rights: the tenant can apply to QCAT for dispute resolution if they think the rent increase is excessive

 

Western Australia (WA)

Consumer Protection

  • Fixed-term lease: Cannot increase the rent during the fixed-term unless the terms of the lease specifically allow for it and define the amount (in this case, give tenant 60 days written notice)
  • Periodic (continuing) Lease: Can increase the rent by giving at least 60 days notice in writing but can do so only once in any 6 month period and not during the first six months of tenancy
  • Notice Form: Must use Form 10 or Form 11 to give notice
  • Tenant’s rights: the tenant can apply to the Magistrates Court requesting a reduction or to argue against the proposed increase if they think it is excessive

 

 

South Australia (SA)

Consumer and Business Services

  • Fixed-term lease: Cannot increase the rent during the fixed-term unless the terms of the lease specifically allow for it and define the amount (in this case, give tenant 60 days written notice)
  • Periodic (continuing) Lease: Can increase the rent by giving at least 60 days notice in writing but can do so only once in any 12 month period and not during the first 12 months of tenancy
  • Notice Form: Use the form found here
  • Tenant’s rights: the tenant can apply to South Australian Civil & Administrative Tribunal if they think the rent increase is excessive

 

Australian Capital Territory (ACT)

Tenants’ Union ACT

  • All Standard Tenancy Agreement Leases: Can increase the rent by giving at least 8 weeks notice in writing but can do so only once in any 12 month period and not during the first 12 months of tenancy
  • Notice Form: no specific form but must be in writing and specify the amount of the rent increase and the date from which it is payable
  • Tenant’s rights: the tenant can apply to ACAT for a review of the increase if they think it is excessive

 

Tasmania (TAS)

Consumer Affairs and Fair Trading

  • Fixed-term lease: Cannot increase the rent during the fixed-term unless the terms of the lease specifically allow for it (in this case, give tenant 60 notice in writing)
  • Periodic (continuing) Lease: Can increase the rent by giving at least 60 days notice in writing but can do so only once in any 12 month period and not during the first 12 months of tenancy
  • Notice Form: no specific form but must be in writing and specify the amount of the rent increase and the date from which it is payable
  • Tenant’s rights: the tenant can apply to Residential Tenancy Commissioner if they think the rent increase is unreasonable

 

Northern Territory (NT)

Consumer Affairs

  • Fixed-term lease: Cannot increase the rent during the fixed-term unless the terms of the lease specifically allow for it and define the amount (in this case, give tenant 30 days notice in writing)
  • Periodic (continuing) Lease: Can increase the rent by giving at least 30 days notice in writing but can do so only once in any 6 month period and not during the first 6 months of tenancy
  • Notice Form: Specific form found here
  • Tenant’s rights: the tenant can apply to the NTCAT for a declaration that rent payable is excessive