Australia Rent Increase Notice Periods: State-by-State

Australia has no national residential tenancies act. Each state and territory legislates separately, so rent-increase rules — frequency, notice period, prescribed form, and the tenant’s challenge rights — differ by jurisdiction. This article focuses on the three largest jurisdictions: New South Wales, Victoria, and Queensland.

The Two Universal Rules

Although the detail varies, two rules now apply in NSW, VIC, and QLD alike:

Rule 1 — One increase in any 12-month period

• NSW: Residential Tenancies Act 2010 (NSW) s.41 — since 31 October 2024.
• VIC: Residential Tenancies Act 1997 (Vic) s.44(2).
• QLD: Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s.93(1A).

The 12-month clock starts from the start of the tenancy (for the first increase) or the last increase (for subsequent increases) — same property, same tenant.

Rule 2 — Written notice required

A verbal rent increase is invalid. The notice must be in writing, must specify the amount and the date the increase takes effect, and must comply with the state’s prescribed-form rules where applicable.

NSW — 60-Day Written Notice (s.41)

The basic rule

Under Residential Tenancies Act 2010 (NSW) s.41, a landlord may increase rent only by giving the tenant at least 60 days’ written notice. Since 31 October 2024, no more than one increase is permitted in any 12-month period.

Form

NSW does not mandate a specific government-issued form, but the notice must:

• Be in writing
• Specify the new rent amount
• Specify the date from which the new rent is payable
• Be served at least 60 days before that date

Excessive rent challenge

Under s.44, a tenant who considers a rent increase to be excessive may apply to the NSW Civil and Administrative Tribunal (NCAT) within 30 days of receiving the notice. NCAT considers comparable rents, the property’s condition, the landlord’s outgoings, and the value of any goods or services included.

Fixed-term agreements

For a fixed-term agreement, rent can be increased during the term only if the agreement specifies the increase amount or a calculation method (s.42). Otherwise, increases can occur on rollover or after the term ends.

NSW Fair Trading guidance: https://www.fairtrading.nsw.gov.au/housing-and-property/renting

Victoria — 60-Day Written Notice on Prescribed Form (s.44, s.45)

The basic rule

Under Residential Tenancies Act 1997 (Vic) s.44(2), no more than one increase per 12-month period. Under s.45, the rental provider must give at least 60 days’ written notice on the prescribed form.

Prescribed form

Victoria mandates the Notice of Rent Increase form issued by Consumer Affairs Victoria. A notice that is not on the prescribed form, or that omits required information, is invalid — the renter is not legally obliged to pay the increased rent.

Excessive rent challenge — s.45A

A renter who considers the increase excessive may apply to Consumer Affairs Victoria for a rent assessment within 30 days of the notice. CAV assesses based on comparable rents and may recommend a different amount. If the rental provider does not accept CAV’s recommendation, the matter may proceed to VCAT.

Fixed-term agreements

Same principle as NSW: increase during a fixed term requires a clause in the agreement; otherwise, increases occur on rollover.

CAV renting hub: https://www.consumer.vic.gov.au/housing/renting

Queensland — 2 Months Written Notice (s.93)

The basic rule

Under Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s.93:

• One increase per 12-month period (s.93(1A))
• General tenancy: at least 2 months’ written notice (s.93(2))
• Rooming accommodation agreement: at least 4 weeks’ written notice
• The increase must accord with any clause already in the tenancy agreement

Form

A specific RTA form is not strictly required, but the notice must clearly state:

• The current rent
• The new rent
• The date the new rent applies
• The date of the notice
• Sufficient notice (i.e. ≥ 2 months for a general tenancy)

Excessive rent challenge — s.92

A tenant may apply to QCAT within 30 days of receiving the increase notice for an order that the increase is excessive. QCAT considers comparable market rents, condition, landlord’s outgoings, and inclusions.

Fixed-term agreements

Increase during a fixed term is permitted only if the agreement contains a clause specifying the increase or the method for calculating it (s.93(4)).

RTA rent guidance: https://www.rta.qld.gov.au/rent

Comparison Table

Other States and Territories — Brief Reference

While this article focuses on NSW/VIC/QLD, operators in other jurisdictions should consult:

• WA: Residential Tenancies Act 1987 (WA) s.30 — 60 days’ notice; minimum 6 months between increases (one per 12 months from 29 July 2024).
• SA: Residential Tenancies Act 1995 (SA) s.55 — 60 days’ notice; minimum 12 months between increases.
• TAS: Residential Tenancy Act 1997 (Tas) s.20 — 60 days’ notice; minimum 12 months between increases.
• ACT: Residential Tenancies Act 1997 (ACT) s.65 — 8 weeks’ notice; minimum 12 months between increases. ACT has a unique “prescribed amount” rent-cap formula tied to CPI.
• NT: Residential Tenancies Act 1999 (NT) s.41 — 30 days’ notice; minimum 6 months between increases.

The frequency and notice rules vary; the structural pattern (one increase per period, written notice, tribunal challenge) is consistent.

Common Errors

Error 1 — Increase during a fixed term without an agreement clause

A landlord cannot lawfully raise rent during a fixed-term agreement unless the agreement specifies the amount or formula. Inserting a clause after signing requires the tenant’s agreement (a variation), which is rarely given.

Error 2 — Less than the statutory notice

Notice that is even one day short is invalid. The tenant is not obliged to pay the increase until a fresh, compliant notice has been served and the full notice period has elapsed.

Error 3 — VIC notice not on the prescribed form

Victoria is unique in mandating a CAV-prescribed form. A non-prescribed letter is invalid even if every detail is correct.

Error 4 — Two increases within 12 months

Even if the first increase was small, a second within 12 months is invalid in all three jurisdictions.

Error 5 — Verbal increase

A verbal increase is unenforceable in all three jurisdictions. The tenant continues to owe only the previous rent.

How to Serve a Compliant Notice

1. Calculate the soonest effective date — at least 60 days (NSW/VIC) or 2 months (QLD general) from today.
2. Calculate frequency — has it been at least 12 months since the last increase or tenancy start?
3. Choose the form — prescribed form for VIC; clear written notice for NSW/QLD.
4. Include all required content — current rent, new rent, effective date, date of notice.
5. Serve the notice — email is acceptable in all three states if the tenancy agreement allows electronic service. Otherwise, post with proof of postage or hand-deliver.
6. Keep a copy — for tribunal evidence if challenged.

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Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not Australian solicitors, barristers, or migration agents.

Sources

• NSW Fair Trading — Renting: https://www.fairtrading.nsw.gov.au/housing-and-property/renting
• Consumer Affairs Victoria — Renting: https://www.consumer.vic.gov.au/housing/renting
• Queensland RTA — Rent: https://www.rta.qld.gov.au/rent
• NSW new residential tenancy laws (Oct 2024 reform): https://www.fairtrading.nsw.gov.au/housing-and-property/renting/new-residential-tenancy-laws
• Federal Register of Legislation: https://www.legislation.gov.au/