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 June 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 31 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 2 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 2 September 2024 as the rent cannot be increased prior to 21 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.

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.

The date of the last rent increase must be included in the tenancy agreement. Tenants have the right to request written proof of the last rent increase during the tenancy, and the property manager or owner must provide this information within 14 days. However, these requirements do not apply in the following cases:

• Exempt Lessors: the Act outlines who qualifies as an exempt lessor.  
• For properties purchased between 6 June 2023 and 6 June 2025: the requirement to include the date of the last rent increase in the tenancy agreement and to provide evidence of a rent increase upon the tenant’s request does not apply if the new owner or property manager does not have information about the previous rent increase.
• For properties being rented for the first time: the date of the last rent increase is the date the property is first rented.

Note: A property manager/owner is considered to have evidence of the last rent increase if they or their agent (such as a real estate agent, property manager, or lawyer) has this information.

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.

There are circumstances under which rent may be decreased during a tenancy either through a written mutual agreement or by a QCAT order.

For general tenancy agreements, rent may be decreased if:

• the rental property is destroyed or becomes unfit to live in through no fault of the tenant, or if it can no longer be lawfully used as a home, or if it is taken over by authorities
• services, facilities, or goods promised in the rental agreement are no longer available or are taken away, or if the quality of the property decreases significantly without the tenant causing damage
• a tribunal issues an order for a decrease in the rent.

For rooming tenancy agreements, rent may be decreased if:

• the resident’s room or common areas are damaged or unfit to live in, not due to their fault
• the standard of the premises or services decreases significantly, not caused by the resident
• essential services (e.g. food or personal care) are not provided when the resident is absent for 2 or more weeks.

If rent has been decreased and later returns to the original amount, this change is not considered a rent increase within the 12-month limit under the Act.

While the law does not specify any obligations for a property manager/owner to notify prospective tenants/residents about rent increases during a tenancy, it is best practice to include planned rent increases in advertisements and lease agreements.

This information allows prospective tenants/residents to make an informed decision when choosing to apply for a tenancy and can also help avoid disputes during a tenancy.

Rent for a property can only be increased once every 12 months, regardless of changes to a property manager/owner or a tenant/resident. This is because a rent increase is attached to the property not the tenancy agreement, which means an incoming tenant may experience a rent increase before occupying the property for a full 12 months under the tenancy agreement.

Scenario: If a lease is broken and the incoming tenant takes over an existing agreement or signs a new agreement in June for a property that is eligible for a rent increase in August of the same year, the incoming tenant may experience a rent increase in the third month of their new tenancy.

Rent for a property can only be increased once every 12 months. However, a property manager/owner may apply to QCAT for permission to increase the rent within less than 12 months on the grounds of undue hardship.

When deciding whether to permit such an increase, QCAT must consider any representations made by the tenant about the proposed rent increase and its likely effects on: 

• the affordability of the premises, and 
• the tenant’s ability to continue paying the rent.