Rent Increases - An Overview
The lessor, agent or provider must give you written notice before increasing the rent.
They can only increase the rent in certain circumstances, and they must provide the correct notice period.
In general residential tenancies, the rent can only be increased once in any sixmonth period.
However, this does not apply in rooming accommodation.
Fixed term agreements:
Rent can only be increased during a fixed term agreement if a term in the agreement allows for a rent increase.
The term must state the amount of the increase or how it will be calculated. You must be given at least two months notice.
You must be given a written notice stating the amount of the rent increase and the date it will take effect.
You must be given at least two months notice.
New fixed term agreements:
At the end of an existing tenancy, your lessor, agent or provider may offer you a new fixed term agreement to sign.
This agreement may include changed terms such as a rent increase. You can negotiate the terms of the proposed agreement.
If you sign the new agreement, you will have to pay the rent as agreed.
However, if after signing the agreement, you think that the rent increase is excessive and represents a significant change in the agreement, you can apply to the Tribunal to dispute the rent increase.
This does not apply to agreements for rooming accommodation. See the section on disputing rent increases, below.
You must be given a written notice stating the amount of the rent increase and the date it will take effect. You must be given at least four weeks notice. If you have a fixed term agreement, your rent can only be increased if:
- The agreement includes a term that allows for a rent increase and states the amount of the increase or how it will be calculated; or
- Both parties agree to amend the agreement because of a new service/s that the provider will provide.
In public or community-managed housing, your rent is based on a percentage of your income.
Notice requirements for rent increases do not apply in public housing when the State is the lessor, but rent increase notices do apply if you rent from a community housing provider.
If you disagree with your income-based rent assessment, contact your housing provider. If you disagree with their decision, you can lodge an appeal. Time limits may apply to lodging an appeal.