Rent Increases in Australia — What's Legal

Rent Increases — The Key Rules

The rules for rent increases vary across states and territories, but common principles apply everywhere:

1. Written notice is required — the landlord must give notice in writing
2. Minimum notice period — notice is required well before the increase takes effect
3. Fixed-term leases — rent generally cannot be increased during a fixed-term unless the lease specifically allows it

Notice Periods and Frequency by State

State/Territory	Notice required	How often
NSW	60 days	Once per 12 months
VIC	60 days	Once per 12 months
QLD	60 days	Once per 12 months
WA	60 days	Once per 12 months
SA	60 days	Once per 12 months
TAS	60 days	Once per 12 months
NT	30 days	Once per 12 months
ACT	8 weeks	Once per 12 months

Fixed-Term vs Periodic Leases

During a fixed-term lease: Rent can only be increased if the lease agreement specifically includes a rent increase provision stating the new amount or how it will be calculated. A general statement that rent "may increase" is not sufficient.

During a periodic (month-to-month) tenancy: Rent can be increased by giving the required notice, subject to the once-per-12-months limit.

Excessive Rent Increases

In most states, you can challenge a rent increase you believe is excessive or not in line with market rates. The process varies:

• NSW: Apply to NSW Civil and Administrative Tribunal (NCAT) within 30 days of receiving the notice
• VIC: Apply to VCAT
• QLD: Apply to the Queensland Civil and Administrative Tribunal (QCAT)
• Other states: Apply to the relevant tribunal

The tribunal considers evidence such as comparable rents in the area, the condition of the property, and relevant market data.

What the Tribunal Looks At

When assessing whether a rent increase is excessive, tribunals typically consider:

• Market rents for comparable properties in the area
• The condition and age of the property
• Any improvements or renovations recently made
• Supply and demand in the local rental market

Rent in Fixed-Term Agreements

If your lease has a fixed term with a specific rent amount and no variation clause, the landlord cannot increase the rent until the fixed term expires, regardless of market conditions.

Retaliatory Rent Increases

Rent increases designed to force a tenant out for exercising their legal rights (e.g. after requesting repairs) may be considered retaliatory and challengeable. Keep records of any connection between repair requests and rent increases.