Rent Increase Rules in Australia: Frequency, Notice and Rent Bidding by State

Every Australian jurisdiction limits how often rent can rise, but the interval, notice period and what the limit attaches to differ. Queensland's cap runs per premises, and the Northern Territory's runs every six months, not twelve.
Jurisdiction scope: This page compares how often rent can be increased, the required notice period, and rent-bidding rules across all eight Australian states and territories. It is general legal information, verified 19 July 2026, not legal advice on your own tenancy.
How Often Can Rent Increase?
In six of the eight jurisdictions, New South Wales, Victoria, South Australia, Tasmania, the ACT and Western Australia, rent on an existing tenancy can be increased no more than once every 12 months. New South Wales adds a further limit: an increase cannot happen within the first 12 months of a new tenancy at all, under section 41(1A) of the Residential Tenancies Act 2010 (NSW). South Australia's 12-month rule, under section 55(2)(c) of its Act, applies even to increases the landlord and tenant agree between themselves, not only ones imposed unilaterally. Two jurisdictions depart from the standard 12-month rule, and both do it in ways that matter to anyone budgeting for a long tenancy.
Queensland's Outlier: Per Premises, Not Per Tenancy
Queensland limits a rent increase to once every 12 months, but the limit attaches to the premises, not to the tenancy or the tenant, under section 93(3) of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), in force since 6 June 2024. That means the 12-month clock does not reset just because a new tenant moves in, or because the property changes owner. If a previous tenant's rent was increased eight months ago, a new tenant moving in cannot have rent increased again until the full 12 months from that earlier increase have passed. This is a meaningfully different protection from the tenant-based 12-month rules used elsewhere, and it is worth checking directly with the Residential Tenancies Authority if you are moving into a Queensland property that has recently changed hands or changed tenants.

The Northern Territory's Outlier: Every Six Months
The Northern Territory allows a rent increase once every six months, not twelve, under section 41(3) of the Residential Tenancies Act 1999 (NT), the shortest interval of any Australian jurisdiction. There is an important qualifier: the right to increase rent during a tenancy must actually be specified in the tenancy agreement itself, under section 41(1). A Northern Territory tenancy agreement that does not include a rent-review clause does not automatically give the landlord a right to increase rent at all during the term; the six-month interval is a ceiling on how often the right can be used, not a guarantee that the right exists.
Rent Increase Frequency and Notice by Jurisdiction
| Jurisdiction | Frequency | Notice | Governing provision |
|---|---|---|---|
| NSW | Once per 12 months (not in first 12 months of tenancy) | 60 days | s 41(1A) |
| VIC | Once per 12 months | 90 days (raised from 60 on 25 Nov 2025) | s 44(4A) |
| QLD | Once per 12 months per premises | Effective no earlier than 2 months after notice | s 93(3) |
| WA | Once per 12 months | 60 days | s 30(1)(b) |
| SA | Once per 12 months (incl. mutual-agreement increases) | 60 days; challenge as "excessive" at SACAT within 90 days | s 55(2)(c), s 56 |
| TAS | Once per 12 months | More than 60 days | s 20(3) |
| ACT | Once per 12 months | 8 weeks; capped by regulation, ACAT approval needed to exceed | s 64AAA |
| NT | Once per 6 months; right must be in the agreement | 30 days | s 41(1), s 41(3) |
Can a Tenant Challenge a Rent Increase?
Most jurisdictions let a tenant apply to the relevant tribunal to challenge an increase as excessive, though the test and time limit differ. South Australia gives a tenant 90 days to apply to SACAT to challenge an increase as excessive under section 56. The ACT is the most structurally protective: increases are capped by regulation against a CPI-based measure of Canberra rents, and a landlord who wants to increase rent above that cap must first obtain ACAT's approval, rather than the tenant bearing the burden of challenging it after the fact. Other jurisdictions generally allow a tribunal application after the increase is given, assessing factors such as the rent for comparable properties in the area, the condition of the premises, and how long since the last increase.

Rent Bidding: Banned Everywhere, With One Extra Layer in Victoria
Soliciting an offer of rent above the advertised price is now banned in all eight Australian jurisdictions, a genuinely uniform national position reached at different times: New South Wales (section 22A, 3 August 2023), Victoria (section 30F(3), from 2021), Queensland (section 57(3), 6 June 2024), Western Australia (section 27AA(3), penalty up to $10,000, 2024), South Australia (section 52A, 1 September 2023), the ACT (section 11AD, 1 April 2023) and the Northern Territory (2023 Act, 2 January 2024). Two jurisdictions go further and ban accepting an unsolicited higher offer, not just soliciting one. Queensland was first: section 57(3) of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) has prohibited a person from soliciting, inviting or accepting an offer above the advertised fixed amount since 6 June 2024. Victoria followed on 25 November 2025 with section 30F(4). The contrast is with the Australian Capital Territory, where section 11AD(2) expressly allows a landlord to accept a higher offer the tenant volunteers, so long as the landlord did not solicit it. The ACT sits at the other end: under section 11AD(2), a landlord in the ACT may still accept an unsolicited higher offer, even though soliciting one is banned.
What This Means When You Receive a Rent Increase Notice
Check three things against your jurisdiction's current rules: whether the minimum interval since the last increase has actually passed (remembering Queensland's per-premises rule and the Northern Territory's six-month, agreement-dependent rule), whether the notice gives at least the minimum period, and, in the ACT, whether the new rent exceeds the regulatory cap, in which case the landlord needed ACAT's approval before serving it. If you believe an increase is excessive and your jurisdiction offers a challenge pathway, most tribunals require the application before the increase takes effect or within a short window afterward, so acting promptly matters more than in most other tenancy disputes.

This page provides general legal information about rent increase rules across Australia, verified 19 July 2026. It is not legal advice on your own tenancy or a specific rent increase you have received. For advice, consult a legal practitioner admitted in the relevant Australian state or territory, or your state or territory's tenancy authority or tribunal.
For bond rules, see rental bonds in Australia. For minimum standards a rental property must meet, see minimum rental standards in Australia. For the complete jurisdiction comparison, see the Australia tenant rights hub, or go directly to New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the ACT or the Northern Territory.
Frequently Asked Questions
How often can a landlord increase rent in Australia?
Once every 12 months in most jurisdictions (NSW, Victoria, South Australia, Tasmania, the ACT and Western Australia). Queensland also allows once per 12 months but the limit runs per premises, not per tenancy. The Northern Territory allows an increase once every six months, and only if the tenancy agreement specifies a right to increase rent.
Which jurisdiction has the shortest interval between rent increases?
The Northern Territory, at six months, under section 41(3) of the Residential Tenancies Act 1999 (NT). Every other jurisdiction requires at least 12 months between increases.
What does it mean that Queensland's rent-increase limit runs 'per premises'?
It means the 12-month clock is tied to the property, not to the tenant or the tenancy. A new tenant moving into a Queensland property cannot have rent increased again until 12 months have passed since the property's last increase, even if that increase happened under a previous tenant.
How much notice must a landlord give for a rent increase?
It ranges from 30 days (Northern Territory) to 90 days (Victoria). Most other jurisdictions require 60 days or 8 weeks. Check the specific figure for your jurisdiction in the table above.
Is rent bidding legal anywhere in Australia?
No jurisdiction allows a landlord or agent to solicit an offer above the advertised rent; this is banned in all eight states and territories. Queensland and Victoria go further and also ban accepting an unsolicited higher offer volunteered by a prospective tenant, from 25 November 2025.
Can a prospective tenant still offer more than the advertised rent?
In the ACT, a landlord may accept an unsolicited higher offer under section 11AD(2), even though soliciting one is banned. In Victoria, since 25 November 2025, a landlord cannot accept an unsolicited higher offer either. Other jurisdictions vary; the universal rule is that soliciting a higher offer is banned everywhere.
Is there a cap on how much rent can increase by in Australia?
Only the ACT has a regulatory cap on the size of an increase, tied to a CPI-based Canberra-rents measure, with ACAT approval required to exceed it. Other jurisdictions generally do not cap the amount, though a tenant may be able to challenge an increase as excessive at the relevant tribunal.
Does my Northern Territory tenancy agreement automatically allow rent increases?
No. Under section 41(1) of the Residential Tenancies Act 1999 (NT), the right to increase rent during a tenancy must be specified in the agreement itself. If your agreement has no rent-review clause, the landlord does not automatically have a right to increase rent mid-term.
Sources and References
- Residential Tenancies Act 2010 (NSW) s 41(1A) (rent increase frequency) and s 22A (rent bidding)(legislation.nsw.gov.au).gov
- Residential Tenancies Act 1997 (Vic) s 44(4A) (rent increase) and s 30F (rent bidding)(legislation.vic.gov.au).gov
- Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 93(3) (rent increase per premises)(austlii.edu.au)
- Residential Tenancies Act 1999 (NT) s 41 (rent increases, once every six months)(austlii.edu.au)
- Residential Tenancies Act 1995 (SA) s 55 (rent increase) and s 56 (excessive rent)(austlii.edu.au)
- Residential Tenancies Act 1997 (ACT) s 64AAA (rent increase notice and cap)(legislation.act.gov.au).gov
- Residential Tenancies Act 1987 (WA) s 30 (rent increase) and s 27AA (rent bidding)(austlii.edu.au)
- Residential Tenancy Act 1997 (Tas) s 20 (rent increase)(legislation.tas.gov.au).gov