Since the onset of COVID-19, rents across Australia have skyrocketed.
But how often and how much they can rise by — and when you can challenge an increase — depends on where you live.
Click below to find out the rules in your state or territory:
- NSW
- Victoria
- Australian Capital Territory
- Queensland
- South Australia
- Tasmania
- Western Australia
- Northern Territory
Your quick guide
- The ACT is the only jurisdiction in Australia that puts a cap on rent increases, but every state and territory has its own rules around when they can occur and how often.
- If you want to challenge a rent increase, your local civil and administrative tribunal will consider a range of factors, including (but not limited to) what similar properties in the area are charging and the difference between the proposed and current rent.
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Further reading
Each state and territory has a full guide to your rental rights on their website.
New South Wales
There is no cap on how much rents can be increased by in New South Wales, but there are regulations around how often it can occur.
- If you're on a fixed-term of less than two years: the rent can only be increased during that time frame if the agreement specifically says so. Otherwise, your landlord must wait until the end of your lease. It must also set out how the increase is being calculated, but you are not required to receive 60 days written notice.
- For agreements with a fixed-term of two years or more, or those on periodic leases: the rent can only be increased once every 12 months, and you must receive at least 60 days written notice.
If you've received a rent increase that you believe is excessive, Fair Trading NSW and the NSW Tenants Union both suggest negotiating with your landlord as a first port of call.
You can also apply to the NSW Civil and Administrative Tribunal within 30 days of receiving the rent increase.
The tribunal considers a range of factors when making a ruling, including the general state of the market; the state of repair of the property; and when the last rent increase was.
However, the onus is on you to prove the price rise is excessive.
Victoria
The guidelines don't stipulate how much rents can go up by in one go, but there are rules around how often it can happen and being able to show how the rise has been calculated.
- If you're on a fixed-term of less than five years: the rent can only be increased during your lease if the agreement specifically says so. Otherwise, your landlord must wait until the end of the agreement. If your lease started on or after June 19, 2019, the rent can’t be increased more than once every 12 months (if you signed your lease prior to this, it's once every six months).
- For agreements with a fixed-term of five years or more, or those on periodic leases: the rent can only be increased once every 12 months.
If you and your landlord are unable to reach an agreement, you can ask Consumer Affairs Victoria to investigate, provided you ask for an assessment within 30 days of receiving notice of a rent increase.
An inspector will come and view the property before a report is prepared for both parties. They'll decide if the increase is too high by working out its market rental value.
If the rent assessment says that the increase is too high, and your landlord won’t agree to lower the rent, you can use the assessment to go to VCAT, which can set a maximum rent. You'll need to do this within 30 days of receiving the report from Consumer Affairs Victoria.
Australian Capital Territory
The ACT is the only jurisdiction in Australia that puts a cap on rent increases. They are limited to no more than 10 per cent above the Consumer Price Index for Canberra.
If you want to challenge a rent rise, you can apply to the ACT Civil and Administrative Tribunal, which will organise a conference between both parties.
- Generally speaking, a price increase is presumed to be excessive if it is more than 10 per cent above the CPI, and the onus is on the landlord to satisfy the tribunal that it's not.
- If a rent increase is less than 10 per cent above the CPI, the onus is on the tenant to satisfy the tribunal.
You can find the relevant forms and information on the ACAT website.
Queensland
Like many states, Queensland does not have a cap on how much your rent can be increased by at once. But depending on the terms of your agreement, you must have been in the property for at least six months, or six months must have passed since the last increase.
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If you're on a fixed-term: the rent cannot be increased unless the agreement states so and sets out the new amount (or how it will be worked out).
You must also be given at least two months notice in writing. - Rents can be increased at the end of a fixed term agreement, provided at least six months has passed since the last increase. If the agreement isn't signed, it becomes periodic and the rent can be increased by giving two months notice prior to, or on the commencement of, the agreement.
- For periodic agreements: the rent cannot be increased unless you're given at least two months notice in writing and it has been at least six months since the last rent increase, or since the tenancy started.
If you feel like a rent increase is excessive and you've been unable to reach an agreement with your landlord, you can apply for a dispute resolution once a new agreement is signed.
If no resolution is reached, you can make an application to the Queensland Civil and Administrative Tribunal (QCAT) for a decision.
For existing agreements, this will need to take place within 30 days of receiving notice, and if you're on a fixed-term, it will need to be before the agreement ends.
For new agreements, you can only apply if you sign it, and this will need to take place within 30 days of entering into the new agreement.
QCAT will consider a range of factors, including (but not limited to) how the rental increase compares to similar properties, the difference between the proposed and current rent and the state of repair of the property.
South Australia
If you live in South Australia, you must be given at least 60 days' written notice of a rent increase, and if your lease began after 2014, it can only go up once every 12 months.
- For fixed-term agreements: The rent can only be increased if it's set out in the agreement and says how the increase will be worked out (such as according to CPI).
- Rent can also be increased with an offer for a lease extension, provided it’s been 12 months since the agreement started, or the rent was last increased.
- For periodic agreements: Written notice of at least 60 days must be provided. Rent cannot be increased unless at least 12 months have passed since the agreement began, or the rent was last increased.
If you believe the rent increase is excessive, you can apply to the South Australian Civil and Administrative Tribunal (SACAT) for it to be changed. If the Tribunal agrees with you, it can fix a maximum rent for up to one year.
Tasmania
For those in Tasmania, there's no cap on how much your rent can be increased by. But there are rules around how often it can go up, and how much notice you need to be given.
- Rent can only be increased if there is a written lease that allows for it, or the lease is not in writing. However, you must be given at least 60 days' notice, and it must state the new amount and when it is set to begin.
- In most cases, the rent can't be increased mid-lease (meaning those conversations will need to occur at the beginning of your lease, or when you're renewing or extending it).
- If your lease is less than 12 months, rent can only be increased at least 12 months after it began, even after it is extended or renewed.
If you believe a rent increase is excessive, you can apply to the Residential Tenancy Commissioner to have the rent increase reviewed.
You'll need to supply a copy of:
- the lease, a copy of the rent increase notice and other details like how long you've been there and if your rent has been increased before
- any details about the property that might make the rent increase unreasonable, such as the price of similar properties in the area, or outstanding maintenance
Your landlord or property manager will be asked for similar details.
If the Commissioner finds in your favour, they can specify a different amount. They look at factors such as the validity of the increase (i.e. whether you were given proper notice), alongside the "reasonableness" of the new amount.
Tasmania's Consumer, Building and Occupational Services notes that if similar properties in your area are charging a comparable amount, it's possible the increase will be found to be reasonable.
Western Australia
The laws around rent increases in WA vary depending on your lease, but it can only be raised once every six months.
- For fixed-term agreements: Your rent can only be raised if it's written into the agreement and outlines how much it will increase by, and how that has been calculated. You must be given at least 60 days’ notice of the increase.
- If your lease is coming to an end and you decide to enter into a new fixed-term agreement, or your lease rolls into a periodic agreement, a rent increase can't take effect for the first 30 days.
- For periodic agreements: rent increases can occur once every six months, but you must be given at least 60 days written notice, outlining how much it will rise by and the day it will take effect.
Commerce WA notes that "the amount of rent charged at the start of a new tenancy is generally controlled by market forces".
However, if you believe a rent increase is excessive, you can apply to the Magistrates Court to request a reduction, or to argue against a proposed increase.
A range of factors will be considered, including (but not limited to) what similar properties in the area are renting for, the estimated value of the property and the cost of upkeep.
Northern Territory
The Northern Territory does not set limits on how much your rent can go up by, but there are regulations around when and how often it can occur.
- According to Consumer Affairs NT, rent can only be increased if it is written into your agreement, and it must outline the amount or how it was calculated.
- You must be given at least 30 days' written notice, and a rent increase can only occur once every six months.
If you believe you have grounds to challenge a rent increase, you can apply to the Northern Territory Civil and Administrative Tribunal (NCAT) for a declaration.
They will consider a range of factors like rental rates for similar properties in the area, and the value of any services provided by yourself or your landlord (for example, maintaining the pool or garden).
Consumer Affairs NT notes "such a declaration can be made only under limited circumstances".
