The Times Australia
The Times World News

.
The Times Real Estate

.

If your landlord wants to increase your rent, here are your rights

  • Written by Brendan Grigg, Senior Lecturer in Law, Flinders University
If your landlord wants to increase your rent, here are your rights

Inflation is pushing up interest rates. Interest rates are pushing up mortgage costs. There’s talk of a rental supply crisis. This means there’s a good chance your landlord wants to increase your rent.

So what are your rights as a renter? That depends on where you live, because residential tenancy laws are determined by state and territory governments. There are, however, many commonalities. Here’s a rundown.

When can your landlord raise the rent?

In every state and territory there are limits on when and how often your landlord can raise the rent.

If you are on a fixed-term lease your rent cannot be increased during the lease period, unless the lease itself specifically provides for such an increase. This makes it worthwhile to negotiate a longer fixed-term lease if you can.

If you are on a periodic (month-to-month) lease, state and territory laws set limits on the frequency with which the rent can be increased. For the Northern Territory, Queensland and Western Australia, rent can be raised every six months. Elsewhere, it is every 12 months.

What must the landlord inform me of?

Landlords do not need to provide a reason for increasing the rent.

They are, however, required to strictly follow notification procedures – informing you in writing, using forms that are specified in relevant regulations, and giving you advance notice of the increase.

Minimum notice periods for increasing rent differ, from 30 days in the Northern Territory to 90 days in New South Wales. For the other state and territories it is about 60 days (see the table above).

If your landlord does not comply with these requirements, you are not obliged to pay the higher rent.

Is there any limit on how much my rent can increase?

The Australian Capital Territory is the only jurisdiction that puts a cap on rent increases. They are limited to no more than 10% above the Consumer Price Index for Canberra. Any larger increase must be approved by the ACT Civil and Administrative Tribunal[1].

In all jurisdictions, however, you can appeal to the tribunal or court that oversees residential tenancy laws if you believe a rent increase is excessive.

These bodies have the power to reduce or refuse the increase. They can also order landlords to reduce the rent in some circumstances (such as if disrepair or damage makes the property less fit for living).

Read more: How 5 key tenancy reforms are affecting renters and landlords around Australia[2]

No state and territory residential tenancy legislation defines what makes rent “excessive”. But they do include similar lists of things a tribunal or court may consider to determine whether rent is excessive.

These include the rent of comparable premises, and the property’s value and condition. You will need to provide this evidence, because the burden of proving your rent is excessive is on you.

Can I be evicted so the landlord can charge more rent?

A landlord can terminate a fixed-term lease at its expiry for any reason (as long as they follow the notice provisions).

They cannot terminate a fixed-term lease earlier than its expiry just so they can raise the rent for new tenants. They must have a legitimate reason, for instance if you are continually breaching the terms of the lease, or making the property uninhabitable. They must provide the reason in writing.

With the exception of Victoria, a landlord can terminate a periodic lease for any reason. The only requirement is a minimum notice period. In Victoria, your landlord must give and substantiate a valid reason. Wanting to lease out the property at a higher rent is not a valid reason.

In short, what to check?

1) Check your lease. If it’s a fixed-term lease, look to see if the terms allow for a rent increase.

2) Check your landlord has used the correct form for the notice and given you at least the minimum notice period.

3) Seek advice from your local tenants’ advisory service or relevant government tribunal or agency if you are in doubt. The organisations in the following table are a good place to start.

Read more https://theconversation.com/if-your-landlord-wants-to-increase-your-rent-here-are-your-rights-190126

The Times Features

How to Protect Your Garden Trees from Wind Damage in Australia

In Australia's expansive landscape, garden trees hold noteworthy significance. They not only enhance the aesthetic appeal of our homes but also play an integral role in the local...

Brisbane Homeowners Warned: Non-Compliant Flexible Hoses Pose High Flood Risk

As a homeowner in Brisbane, when you think of the potential for flood damage to your home, you probably think of weather events. But you should know that there may be a tickin...

Argan Oil-Infused Moroccanoil Shampoo: Nourish and Revitalize Your Hair

Are you ready to transform your hair from dull and lifeless to vibrant and full of life? Look no further than the luxurious embrace of Argan Oil-Infused Moroccanoil Shampoo! In a...

Building A Strong Foundation For Any Structure

Building a home or commercial building can be very exciting. The possibilities are endless and the future is interesting. You can always change aspects of the building to meet the ...

The Role of a Family Dentist: Why Every Household Needs One

source A family dentist isn’t like your regular dentist who may specialise in a particular age group and whom you visit only when something goes wrong. A family dentist takes proa...

Benefits of Getting an Online Medical Certificate

Everyone has experienced it. Rather than taking a break, you drag yourself to the doctor's office, where you have to wait in lengthy lines, and then you have to hurry to get that...

Times Magazine

"Eternal Nurture" by Cara Barilla: A Timeless Collection of Wisdom and Healing

Renowned Sydney-born author and educator Cara Barilla has released her latest book, Eternal Nurture, a profound collection of inspirational quotes designed to support mindfulness, emotional healing, and personal growth. With a deep commitment to ...

How AI-Driven SEO Enhancements Can Improve Headless CMS Content Visibility

Whereas SEO (search engine optimization) is critical in the digital landscape for making connections to content, much of it is still done manually keyword research, metatags, final tweaks at publication requiring a human element that takes extensiv...

Crypto Expert John Fenga Reveals How Blockchain is Revolutionising Charity

One of the most persistent challenges in the charity sector is trust. Donors often wonder whether their contributions are being used effectively or if overhead costs consume a significant portion. Traditional fundraising methods can be opaque, with...

Navigating Parenting Arrangements in Australia: A Legal Guide for Parents

Understanding Parenting Arrangements in Australia. Child custody disputes are often one of the most emotionally charged aspects of separation or divorce. Parents naturally want what is best for their children, but the legal process of determining ...

Blocky Adventures: A Minecraft Movie Celebration for Your Wrist

The Minecraft movie is almost here—and it’s time to get excited! With the film set to hit theaters on April 4, 2025, fans have a brand-new reason to celebrate. To honor the upcoming blockbuster, watchfaces.co has released a special Minecraft-inspir...

The Ultimate Guide to Apple Watch Faces & Trending Wallpapers

In today’s digital world, personalization is everything. Your smartwatch isn’t just a timepiece—it’s an extension of your style. Thanks to innovative third-party developers, customizing your Apple Watch has reached new heights with stunning designs...

LayBy Shopping