Renting

Rent increases

Rent increases – General tenancies

Fixed term agreements

Rent cannot be increased during a fixed term unless it is stated in the tenancy agreement and all of the following occurs:

  • the agreement states the rent will be increased
  • the agreement states the new amount (or how it will be worked out)
  • the property manager/owner gives the tenant at least 2 months’ notice in writing, and
  • it has been at least 6 months since the tenancy started or since the last increase

The property manager/owner must also give the tenant separate written notice of the increase. It does not automatically come into effect because it is in the agreement. The notice should include the increased amount and the day it takes effect.

Periodic agreements

Rent can be increased if the property manager/owner gives the tenant at least 2 months’ notice in writing and it has been at least 6 months since the last rent increase, or since the tenancy started.

New agreements

The property manager/owner and tenant can agree to a rent increase at the end of a fixed term agreement by entering into a new agreement. However, it must be at least 6 months since the last rent increase. There is no requirement to serve a notice about the increase.

If a new agreement is not signed, the agreement becomes periodic with the same terms and conditions as fixed term. The property manager/owner must then issue a notice for any rent increase.

Excessive rent increases

A tenant can dispute the increase if they feel it is excessive by discussing the issue with the property manager/owner. If the tenant still feels the increase is excessive, they can apply for dispute resolution once the new agreement is signed. They may also apply to QCAT for a decision.

QCAT considerations:

  • range of market rents usually charged for comparable properties
  • difference between the proposed and current rent
  • state of repair of the property
  • term of the tenancy
  • period since the last rent increase (if any)
  • anything else QCAT considers relevant

Bond

If rent is increased, the bond may be increased if it has been at least 11 months since the last bond increase or start of the tenancy. Any extra bond must be lodged with the RTA using a Bond lodgement (Form 2). The tenant must pay the increase in bond by the date stated on the notice which must be at least 1 month after the tenant received the notice.

Rent increases – Rooming accommodation

There is no limit to the frequency of rent increases during a rooming accommodation agreement. However, 4 weeks' notice in writing must be given (except when a new agreement is signed). Rent may also be decreased in certain circumstances.

Fixed term

Rent can only be increased during a fixed term agreement if the:

  • agreement contains a special term stating the rent will be increased
  • agreement states the new amount, or how it will be worked out, and
  • property manager/owner gives the tenant at least 4 weeks' notice in writing

The property manager/owner and tenant can agree to amend an existing agreement to include a rent increase.

Periodic agreements

Rent can be increased at any time during a periodic agreement if the property manager/owner gives the tenant at least 4 weeks’ notice in writing. The notice should include the new amount and the day it takes effect.

New agreements

Rent may be increased at the end of a fixed term agreement if the property manager/owner and tenant enter into a new agreement. There is no specific notice period for the increase.

If a new agreement is not signed, the agreement becomes periodic with the same terms and conditions as the fixed term. The property manager/owner must then give 4 weeks' notice in writing of an increase.