You’ve just signed a lease and settled in — then your landlord announces a rent increase. Is that even legal? The short answer: it depends on your lease type, your state, and whether proper notice was given. Here’s everything you need to know.
Fixed-Term vs Periodic Leases
The type of lease you’re on makes a big difference to your rent increase protections.
A fixed-term lease (e.g. a 12-month lease with a set end date) generally provides stronger protection against mid-lease rent increases. In most states, a landlord cannot increase rent during a fixed-term lease unless the lease agreement itself explicitly includes a rent increase clause specifying the amount or method of increase.
A periodic lease (month-to-month, or rolling after a fixed term expires) offers less protection — rent can be increased with proper notice, subject to state rules on frequency.
State-by-State Rules
New South Wales
- Rent can only be increased once every 12 months
- Minimum 60 days written notice required
- During a fixed-term lease, increases are only allowed if the lease includes a specific rent increase clause
- No cap on the amount of increase, but excessive increases can be challenged at NCAT
Victoria
- Rent can only be increased once every 12 months per property (not just per tenancy)
- Minimum 60 days written notice required
- During a fixed-term lease, increases only permitted if written into the agreement
- Excessive increases can be challenged at VCAT
Queensland
- Rent can only be increased once every 12 months
- Minimum 60 days written notice required
- During a fixed-term agreement, increases are only allowed if the amount is stated in the lease
- Excessive increases can be challenged at QCAT
Western Australia
- Rent can only be increased once every 12 months
- Minimum 60 days written notice required
- During a fixed-term tenancy, rent can only be increased if the agreement provides for it
South Australia
- Rent can only be increased once every 12 months
- Minimum 60 days written notice required
- During a fixed-term tenancy, increases are only allowed if specified in the agreement
Australian Capital Territory
- Rent can only be increased once every 12 months
- Minimum 8 weeks written notice required
- The ACT has a rent increase guideline — increases above the guideline can be challenged at ACAT
What Makes a Rent Increase Notice Invalid?
A rent increase notice may be invalid if:
- It doesn’t give the required notice period
- It’s not in writing
- It attempts to increase rent more than once in 12 months
- It occurs during a fixed-term lease with no increase clause
- The notice doesn’t specify the new amount and the date it takes effect
If you receive an invalid notice, you are not required to pay the increased amount. Write to your landlord or agent pointing out the deficiency and seek advice from your state’s tenancy authority.
What Can You Do If the Increase Is Unfair?
If your landlord has followed the correct process but you believe the increase is excessive, you have options in most states:
- NSW: Apply to NCAT
- VIC: Apply to VCAT or Consumer Affairs Victoria
- QLD: Apply to QCAT
- ACT: Apply to ACAT (especially if above the guideline)
- WA/SA: Contact your state tenancy authority for advice
Tribunals consider factors like the current market rent, the landlord’s costs, and how long it’s been since the last increase. Having evidence of current comparable rents in your suburb strengthens your case significantly.
The Bottom Line
In Australia, rent increases mid-lease are heavily restricted. If you’re on a fixed-term lease with no increase clause, your landlord generally cannot raise your rent until the term ends. If you’re on a periodic lease, increases are allowed but must follow strict notice and frequency rules.
Know your lease type, know your state’s rules, and don’t pay an increase that hasn’t been properly served.
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