Australia
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.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Residential Tenancies Act 1997 (ACT)
s 64AAALimitation on rent increases—frequencyIn force
(1) A lessor must not increase the rental rate under a residential tenancy agreement unless the increase takes effect at least 12 months after— (a) for the first increase under the agreement—the day the residential tenancy agreement started; or (b) for a later increase under the agreement—the day the last increase in rental rate took effect. (2) However, for a consecutive tenancy agreement, the lessor must not increase the rental rate unless the increase takes effect at least 12 months after the day the last increase in rental rate took effect, whether under the consecutive tenancy agreement or a terminated residential tenancy agreement.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.act.gov.au
Residential Tenancies Act 2010 (NSW)
s 22AProhibition on certain matters relating to advertising or soliciting amounts of rentIn force
(1) A landlord or landlord’s agent must not advertise or otherwise offer residential premises for rent unless a fixed amount of rent for the premises is stated in the advertisement or offer.Maximum penalty—(a) for an individual—50 penalty units, or (b) otherwise—100 penalty units. (2) A person does not contravene subsection (1) merely by placing a sign on or near the residential premises for rent without stating the amount of rent for the premises on the sign. (3) A person must not solicit or otherwise invite an offer of an amount of rent for residential premises, whether directly or indirectly, that is higher than the advertised amount of rent for the premises.Maximum penalty—(a) for an individual—50 penalty units, or (b) otherwise—100 penalty units. (4) The regulations may provide for matters relating to the provision of information by a person, at the times and in the way and form approved by the Secretary, for the purposes of monitoring the operation of this section.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.nsw.gov.au
s 41Rent increasesIn force
(1) The rent payable under a residential tenancy agreement may be increased only if—(a) the tenant is given a written notice by the landlord or the landlord’s agent specifying the increased rent and the day from which it is payable, and (b) the notice is given at least 60 days before the increased rent is payable. (1A) The rent payable under a residential tenancy agreement—(a) may not be increased within 12 months after the start of the tenancy, and (b) may not be increased more than once in any period of 12 months. (1B) (Repealed) (2) A residential tenancy agreement and a subsequent residential tenancy agreement for the same residential premises are to be treated as a single agreement for the purposes of this section if—(a) the subsequent agreement is—(i) a renewal of the first agreement, or (ii) a replacement of the first agreement, even if it is a different type of residential tenancy agreement, and (b) the landlord is the same for each agreement, and (c) at least 1 tenant is the same for each agreement, and (d) the tenant occupies the residential premises immediately before and immediately after the renewal or replacement.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.nsw.gov.au
Cited in 5 court opinionsMost recently applied by a court: 2024
Leading cases:
- [2024] NSWCA 236 (NSW Court of Appeal 2024, [2024] NSWCA 236)
- [2020] NSWCA 80 (NSW Court of Appeal 2020, [2020] NSWCA 80)
- Chadwick v State of New South Wales (No 5) (Federal Court of Australia 2024, [2024] FCA 1295)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Residential Tenancies Act 1999 (NT)
s 41Increases in rentIn force
(1) A landlord may increase the rent payable under a tenancy agreement only if: (a) the right to increase the rent; and (b) the amount of the increase in rent or the method of calculation of the increase in rent, is specified in the agreement. (2) A proposal to increase the rent payable under a tenancy agreement is of no effect unless at least 30 days written notice is given to the tenant of: (a) the amount of the increase; and (b) the date from which the increase is to take effect. (3) The date fixed for an increase in rent in relation to a tenancy must not be earlier than 6 months after: (a) the day on which the tenancy agreement commences; or (b) if there has been a previous increase of rent under this section in relation to one or more of the same tenants and the same premises - the last increase. (4) If the rent payable under a tenancy agreement is increased under this section, the terms of the agreement are varied accordingly.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.nt.gov.au
Residential Tenancies Act 1995 (SA)
s 55Variation of rentIn force
(1) The landlord may increase the rent payable under a residential tenancy agreement by giving written notice to the tenant specifying the date as from which the increase takes effect. (2) However— (a) the right to increase the rent may be excluded or limited by the terms of the residential tenancy agreement; and (b) if the tenancy is for a fixed term, the residential tenancy agreement is taken to exclude an increase in rent during the term unless it specifically allows for an increase in rent; and (c) the date fixed for an increase of rent must be at least 12 months after the date of the agreement or, if there has been a previous increase of rent under this section, the last increase and at least 60 days after the notice is given but— (i) if a rent control notice that has applied in respect of the rented property ceases to be in force, the landlord may, by notice given under this section within 60 days after the rent control notice ceases to be in force, increase the rent for the premises from a date falling at least 14 days after the notice is given; and (ii) if the landlord is a registered community housing provider, and the residential tenancy agreement provides for varia
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.sa.gov.au
s 56Excessive rentIn force
(1) The Tribunal may, on application by a tenant, declare that the rent payable under a residential tenancy agreement is excessive. (1a) If an application under subsection (1) is made on the basis of an increase of rent under section 55, the application must be made within 90 days after the notice of increased rent is given. (2) In deciding whether the rent payable under a residential tenancy agreement is excessive, the Tribunal must have regard to— (a) the general level of rents for comparable premises in the same or similar localities; and (b) the estimated capital value of the premises at the date of the application; and (c) the outgoings for which the landlord is liable under the agreement; and (d) the estimated cost of services provided by the landlord and the tenant under the agreement; and (e) the nature and value of furniture, equipment and other personal property provided by the landlord for the tenant's use; and (f) the state of repair and general condition of the premises; and (fa) the estimated cost of goods and services provided under any domestic services agreement collateral to the residential tenancy agreement; and (fb) if the rent was purportedly increase
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.sa.gov.au
Residential Tenancy Act 1997 (Tas)
s 20Increase in rentIn force
(1) An owner, by written notice to the tenant, may increase the amount of the rent payable by the tenant in respect of residential premises if – (a) the written residential tenancy agreement for those premises allows for an increase; or (b) there is no written residential tenancy agreement for those premises. (2) A notice is to specify – (a) the amount of the rent as increased; and (b) the day from which the increase in the rent takes effect. (3) [Section 20 Subsection (3) amended by No. 45 of 2013, s. 13, Applied:01 Oct 2014] Except in the case of a residential tenancy agreement that relates to social housing, an increase in rent may only take effect from a day that is more than 60 days after the day on which the notice is given and is a day that is – (a) [Section 20 Subsection (3) amended by No. 45 of 2013, s. 13, Applied:01 Oct 2014] not less than 12 months after the residential tenancy agreement commenced or was extended or renewed; or (b) [Section 20 Subsection (3) amended by No. 45 of 2013, s. 13, Applied:01 Oct 2014] . . . . . . . . (c) [Section 20 Subsection (3) amended by No. 45 of 2013, s.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.tas.gov.au
Residential Tenancies Act 1987 (WA)
s 27AAResidential tenancy must be offered for rent at fixed amountIn force
(1)A person must not advertise or otherwise offer a tenancy for residential premises unless — (a)the amount of rent stated in the advertisement or offer is a fixed amount; or (b)the advertisement or offer states that the amount of rent is calculated by reference to the tenant’s income. Penalty for this subsection: a fine of $10 000. (2)A person does not commit an offence against subsection (1) if the person places a sign advertising or offering residential premises for rent at or near the premises and the sign does not state an amount of rent for the premises. (3)A person must not solicit or otherwise invite a person to make an offer to become a tenant of residential premises at a rent higher than the amount advertised as the rent for the premises. Penalty for this subsection: a fine of $10 000.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.wa.gov.au
s 30Variation of rent (except where calculated by reference to tenant’s income)In force
(1)Subject to this section and except where rent payable under a residential tenancy agreement is calculated by reference to the tenant’s income, the rent payable under a residential tenancy agreement may be increased by the lessor by written notice to the tenant, in the approved form, specifying the amount of the increased rent and the day as from which the increased rent becomes payable, being a day — (a)not less than 60 days after the day on which the notice is given; and (b)not less than 12 months after the day on which the tenancy commenced, or, if the rent has been increased under this section, the day on which it was last so increased, but otherwise the rent shall not increase or be increased. (2)The right of the lessor to increase rent in accordance with subsection (1) — (a)is not exercisable in relation to a residential tenancy agreement that creates a tenancy for a fixed term during the currency of that term unless the amount of the increase, or the method of calculating the amount of the increase, is set out in the agreement; and (b)in any case, may be excluded or limited by agreement between the lessor and the tenant.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.wa.gov.au
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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