Rent going up

What this usually means

Queensland has two main rules about rent rises. The landlord can raise the rent only once every 12 months. And they must tell you in writing, at least 2 months ahead, before the new rent starts.

The 12 months run from the last increase for that property. It does not matter if the last increase was under a different agreement, or by a different owner or tenant. Your agreement should state the date of the last increase. This applies to most rentals, including the new agreement you may be offered when a lease ends.

The notice must state:

• the new rent
• the day it starts
• the day the rent was last increased

For a fixed term lease, the rent can go up during the term only if the agreement says it can and says the amount or how to work it out. Even then, the landlord must still give you a separate written notice, with at least 2 months. If the fixed term ends and you stay on, you move to a periodic agreement, and the same notice rule applies.

There is no fixed limit on how large the rise can be. But it must not relate to meeting the minimum housing standards or to keeping a pet or working dog.

What you can do now

1. Check the date on the notice and the date rent first rises. Is it at least 2 months away? Is it at least 12 months since the last increase?
2. Look for the three things the notice must state. If the date of the last increase is missing, ask for it.
3. Ask the agent in writing for proof of the last increase. They must give you evidence within 14 days. A past agreement, an increase notice or a rent ledger are examples.
4. If the increase is too soon or the notice is wrong, tell the agent in writing and keep paying your current rent. An increase that does not follow the rules is not payable.
5. If you think the amount is too high, talk to the agent first. Ask for the reasons. Collect advertisements for similar places nearby.
6. If you cannot agree, apply to QCAT within 30 days after you receive the notice. Ask the RTA or Tenants Queensland how to do this.
7. If you think the rise is payback for asking for repairs or making a complaint, tell Tenants Queensland and see the time limit below.

Time limits

• 30 days after you receive the notice to apply to QCAT about an increase you think is excessive or not payable. With a fixed term agreement, you must do it before the term ends.
• 12 months between increases, and 2 months of written notice.
• 14 days for the agent to give you evidence of the date of the last increase.
• 1 month to apply to QCAT if you think the increase is retaliation.

Count the 30 days from the day you received the notice, not the day it was dated.

If it goes further

You can ask the RTA for free dispute resolution, where a conciliator helps both sides talk. You can also apply to QCAT. For an existing agreement, QCAT needs your application within the 30 days.

QCAT can reduce the proposed increase or set it aside. It will look at market rents for similar places, the proposed rent compared with the current rent, the condition of the property, the length of the tenancy and the time since the last rise. It can also make an interim order about whether you pay the increase while it decides.

If an increase breaks the 12 month rule, that is an offence for the landlord or agent, with a maximum of 20 penalty units. You can ask the RTA to investigate. The RTA does not recover money or order compensation.

A landlord who really cannot wait 12 months can ask QCAT for permission to raise the rent early because of undue hardship. They must take your view into account.

Questions to ask whoever helps you

• Has it really been 12 months since the last rise, and how can I check?
• Does my notice have everything it must have?
• Is this increase excessive, and what evidence should I gather?
• Do I start with the RTA or QCAT, and how do I keep within 30 days?
• Could this rise be payback for something I did?