Rent increase notices
You cannot be given a rent increase more than once every 6 months.
The landlord must give you 60 days’ written notice of any rent increase. If the notice is sent by mail, they must allow an extra 2 business days for delivery.
The notice can refer to only one rent increase and must advise you that you have 30 days to apply to Consumer Affairs Victoria to have the proposed increase investigated.
If the notice does not comply with these conditions, it may be invalid and you may not have to pay the increase. Contact the Tenants Union for advice. If you have a fixed-term agreement you cannot be given a rent increase unless there is a specific term in your agreement that allows for this.
The facts, what you should know:
- If your tenancy agreement is for a fixed term, your landlord cannot increase the rent before the end date, unless the agreement states otherwise. You can negotiate this with your landlord.
- Your landlord cannot increase the rent more than once in any six-month period.
- Your landlord must give you at least 60 days’ notice of any rent increase using the ‘Notice of Rent Increase to Tenant/s of Rented Premises’ form.
- If your rent was $350 or less per week when you first moved into the property, your landlord cannot increase the bond during any subsequent agreement, even if the rent becomes more than $350 per week.
Objecting to a rent increase
If you think that the proposed increase in rent is too high, you can request that an inspector from Consumer Affairs Victoria inspect your home to determine whether the increase is reasonable.
You must make the request within 30 days of receiving the rent increase notice. When the inspector has completed their inspection, they will provide you with a report.
If the inspector finds that the proposed rent is excessive you can apply to the Tribunal for an order that the increase not be allowed.
You must make this application within 30 days of receiving the inspector’s report.
If the Tribunal agrees withthe inspector that the proposed rent increase is excessive, it can order that the rent not be increased, or that it be increased by a lesser amount.
It can also set a period of time for which your landlord cannot increase the rent. If the rent increase comes into effect before your case is heard at the Tribunal, you should pay the increased rent until the Tribunal has made a decision.
If your application is successful, the Tribunal can order that you be reimbursed any increased rent that you have already paid.
Reduction in services or facilities
If your landlord reduces or removes any services or facilities available with the property (eg your landlord takes over the garage), you can request that an inspector from Consumer Affairs Victoria visit the property to determine if the rent is reasonable.
If the inspector finds that your rent is excessive given that a service or facility has been withdrawn or reduced, you can apply to the Tribunal for an order that the rent be reduced.
The Tribunal will only set a new rent if the rent is significantly more than that of similar properties in the same area.
Affairs Victoria on
1300 55 81 81 if you need advice on understanding your tenanacy agreement.