QCAT may take the following into consideration when determining excessive rent increases:
- range of market rents usually charged for similar premises
- 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 generally 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.
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.
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.
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) and the rent can be increased by giving 4 weeks notice prior to or on the commencement of the periodic agreement. However, the rent increase can only take effect at least 4 weeks after the commencement of the periodic agreement.