Rent increases which meet current requirements and came into effect before 1 July 2023 will still apply.

As of 1 July 2023, the rent increase frequency changes apply to all new and existing tenancies. Any rent increase will only be valid if it has been 12 months or more since the current rent became payable. More frequent rent increases written into tenancy agreements are unenforceable and do not apply. Further changes to rent increase frequency limits came into effect from 6 June 2024. 

Example 1: Tenants moved into a rental property in December 2022 and signed a 12-month agreement, which included a clause to increase the rent in June 2023. This rent increase still applies because it came into effect before the 1 July 2023 changes.  

Example 2: Tenants moved into a rental property in February 2023 on a six-month agreement which ends in August 2023. In April 2023, the tenants and the property manager agreed to renew the tenancy agreement for a further 12 months at the end of the tenancy. They signed a new lease to start in August 2023 with a $20 rent increase. The new rent amount is invalid because it comes into effect after 1 July 2023 and it will have been less than 12 months since the tenants moved into the rental property and paid the current rental amount.

In this situation the property manager/owner should issue the tenants with a new tenancy agreement which complies with the rent increase frequency changes. This new tenancy agreement will replace the non-compliant agreement. Examples of a compliant agreement in this scenario would be:

• a 12-month agreement at the same rent as the original tenancy agreement
• a 12-month agreement which starts at the same rent as the original agreement with a clause to increase the rent in February 2024, as this marks 12 months since the rental amount was payable for the property.

Yes. From 6 Junes 2024, there must be a minimum 12-month period between rent increases for a premises or room. Rent increase timeframes are no longer linked to a tenancy or rooming agreement.

As of 6 June 2024, the rent increase frequency changes apply to all new and existing tenancies. Any rent increase will only be valid if it has been 12 months or more since the current rent became payable for the premises. More frequent rent increases written into tenancy agreements are unenforceable and do not apply.

Example 1: Tenants moved into a rental property in November 2023 and signed a 12-month agreement, which included a clause to increase the rent in May 2024. This rent increase still applies because the tenants were new to the property in November 2023 and the rent increase was written into the agreement and came into effect before the 6 June 2024 changes.

Example 2: Tenants moved into a rental property in January 2024 on a six-month agreement which ends in July 2024. In May 2024, the tenants and the property manager agreed to renew the tenancy agreement for a further 12 months at the end of the tenancy. They signed a new lease to start in July 2024 with a $20 rent increase. The new rent amount is invalid because the renewed agreement commences after 6 June 2024 and it will have been less than 12 months since the current rental amount became payable for the property.

The Act does not require the parties to redraft an existing tenancy agreement. It might be good practice to either strikethrough the terms and conditions and have all parties sign next to the amendments. The terms and conditions are invalid and cannot be enforced, despite the tenant signing and agreeing to the increase.

No. As of 6 June 2024, a change of tenants does not impact the 12-month rent increase frequency limit.

The rent can only be increased once every 12 months. 

Example: Tenants move into the property in July 2023 and pay a higher amount than the previous tenancy agreement. The rent cannot be increased until July 2024. This applies even if the tenancy agreement is renewed or extended within the 12-month period.

No. From 6 June 2024, there must be a minimum 12-month period between rent increases for a property or room, rather than to the tenancy or rooming agreement, regardless of whether there is a break lease.

Example 1: An existing tenant had a rent increase on 30 October 2023, broke the lease, and vacated the premises on 23 May 2024. A new tenant signed a 12-month tenancy agreement on 31 May 2024, with a commencement date of 15 June 2024, which included a rent increase. However, due to the rental law changes which commenced on 6 June 2024, linking the 12-month rent increase frequency limit to the property, this increase is void, as it has been less than 12 months since the last increase.

In this scenario, parties may negotiate in writing to include an increase as special terms and conditions on or after 30 October 2024, and the agent is still required to give the tenant two months' notice in writing. Failing this, the rent cannot be increased for the duration of the signed agreement.

Example 2: A tenant breaks their lease 6 months into their 12-month tenancy agreement. The rent was increased 6 months ago when the tenancy agreement started. The property manager/owner found a new tenant who signed up for the remainder of the lease and agreed to pay an additional $50 in weekly rent, with the tenancy commencing on 7 June 2024.

The rent increase is invalid under the new laws because any rent increase specified in an agreement signed before 6 June 2024 is unlawful if the proposed increase occurs less than 12 months after the last rent increase.

No. A change of property manager or owner does not impact the 12-month rent increase frequency limit.

Example: New tenants move into a rental property in February 2023 on a six-month lease. In April 2023, the property is sold to a new owner. In August 2023, the tenants and the new owner agree to renew the lease for another six months. The owner cannot increase the rent as part of this agreement as the rent cannot be increased until February 2024.

No. The Act states that the 12-month period applies, even if the last rent increase was part of a different tenancy agreement or written into special terms and conditions of an agreement. 

From 6 June 2024 there must be a minimum 12-month period between rent increases tied to the property or room regardless of what may have been agreed to prior.   

No. The rent increase frequency limits will not apply to State tenancy agreements provided by the housing department or employee housing provided by the Queensland Government.

As of 6 June 2024, under a fixed term tenancy agreement, rent can only be increased if all of the following legislative requirements are met:

• it has been at least 12 months since the current rent amount became payable for the premises
• 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 two months written notice for general tenancies and four weeks written notice for rooming accommodation.

Important: If rent is to be increased during a tenancy agreement, written notice to advise of a rent increase can only be issued once a renewal agreement has started. This means that the earliest a rent increase can take place is 2 months from the start of a renewal agreement if the required notice to increase was issued the day the agreement started.

Example 1: A property was last rented for $500 per week on 1 April 2024 for 6-months. The property manager or owner can relet the property with a new or renewed tenancy agreement commencing on 1 October 2024. As is it has not been 12 months since the last rent increase, the property will need to be rented for $500 per week.

A property manager and owner can consider adding a special term to increase the rent from 1 April 2025, and the property manager or owner will need to give two months written notice of the rent increase after the commencement of the tenancy.

Example 2: A property was last rented for $500 per week on 20 July 2023 for 11-months with the lease agreement finishing on 20 June 2024. The property manager or owner has relet the property to new tenants with the new tenancy agreement commencing on 1 July 2024. The property will need to be advertised and rented for $500 per week. 

A property manager and owner can consider adding a special term to increase the rent, however, they will only be able to increase the rent from 1 September 2024 as the rent cannot be increased prior to 20 July 2024, and the property manager or owner will need to give two months written notice of the rent increase upon the commencement of the tenancy.

As of 1 July 2023, rent can be increased for a periodic agreement if it’s been at least 12 months since the last increase and the property manager gives the tenants at least two months written notice for general tenancies and four weeks written notice for rooming accommodation.

Rent can only be increased once every 12 months, but it’s good practice for the property manager or owner to give the tenant as much notice as possible.  

Example: Tenants moved into a rental property on a 12-month lease in August 2022. The tenant and the property manager want to renew the lease for another 12 months when the tenancy ends in August 2023. The property manager wants to increase the rent by $10 a week. The rent increase cannot be applied until the renewed tenancy agreement starts in August 2023, but the property manager can tell the tenant they intend to increase the rent earlier.

From 6 June 2024, the Act requires property managers/owners to provide the date of the last rent increase in a general tenancy and rooming accommodation agreement. 

There is no specific exemption for situations such as when a property is purchased within 12 months of a new tenancy starting, and property managers/owners do not have the information of the date of the last rent increase. Additionally, the Act does not address the situation where an owner who previously lived in the property begins renting it out for the first time and is unable to provide the date of the last rent increase.

The RTA recommends that property managers/owners communicate to the tenant in writing if they cannot provide the date of the most recent rent increase at the beginning of a tenancy including the reason why that information cannot be provided.

Tenants can ask for evidence of the last rent increase if they have concerns about compliance with the Act, however, if the property was purchased within 12 months of the start of the tenancy, the property manager/owner is not required to provide evidence if they do not have it. 

Please note: that under the legislation an owner is deemed to have evidence of the last rent increase if they, or their agent (e.g. real estate agent, property manager, lawyer) has this information in their possession or control.

If the issue cannot be resolved through self-resolution, the customers may request a dispute resolution through the RTA or a tenant can request an investigation by the RTA.

No. The Act does not require the parties to redraft an existing tenancy agreement. It might be good practice to either strikethrough the terms and conditions and have all parties sign next to the amendments. The terms and conditions are invalid and cannot be enforced, despite the tenant signing and agreeing to the increase.

No. Rent increases taken before 6 June 2024 are not required to be refunded as long as the rent payable before that date was correct under the Act at that point in time.

No. The Act does not require the parties to redraft an existing tenancy agreement to include the day of the last rent increase where the agreement was signed prior to 6 June 2024 and the tenancy commenced after this date.

It’s important to remember that the Act requires the date of the last rent increase to be included in the tenancy agreement. Failure to do so is an offence.

If a property manager/owner cannot provide the date at the start of the tenancy, they should inform the tenant in writing, explaining why the information is unavailable.

This may be due to the fact the property is newly acquired or listed, and/or the owner may have been living there before renting it out.

In the instance of a property being new to the market, including where an owner is no longer occupying the premises and is now renting the property for the first time, the date of the last rent increase is the date of the start of the agreement.

Tenants can request evidence of the last rent increase in writing, and the property manager/owner must respond within 14 days. Failure to respond to this request within 14 days is an offence. 

Property owners may apply to the Queensland Civil and Administrative Tribunal (QCAT) for an order to increase rent before the minimum 12 months has passed if not increasing rent would cause them undue hardship.

The Act does not define undue hardship; this is determined by QCAT on a case-by-case basis. The managing party must be able to show, or substantiate, how they would face undue hardship if the rent was not increased for the premises.

In making its decision, the Act states that QCAT must have regard to the tenant’s representation of:

• the affordability of the premises, and
• their ability to pay the proposed increase.

For this reason, a tenant may wish to attend the QCAT hearing to represent their own interests.