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.
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.
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.
- 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
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.