Rent increases which meet current requirements and came into effect before 1 July 2023 will still apply.

As of 1 July 2023, the rent increase frequency changes apply to all new and existing tenancies. Any rent increase will only be valid if it has been 12 months or more since the current rent became payable for the premises. More frequent rent increases written into tenancy agreements are unenforceable and do not apply.   

Example 1: Tenants moved into a rental property in December 2022 and signed a 12-month agreement, which included a clause to increase the rent in June 2023. This rent increase still applies because it came into effect before the 1 July 2023 changes. 

Example 2: Tenants moved into a rental property in February 2023 on a six-month agreement which ends in August 2023. In April 2023, the tenants and the property manager agreed to renew the tenancy agreement for a further 12 months at the end of the tenancy. They signed a new lease to start in August 2023 with a $20 rent increase. The new rent amount is invalid because it comes into effect after 1 July 2023 and it will have been less than 12 months since the tenants moved into the rental property and paid the current rental amount.

In this situation the property manager/owner should issue the tenants with a new tenancy agreement which complies with the rent increase frequency changes. This new tenancy agreement will replace the non-compliant agreement. Examples of a compliant agreement in this scenario would be:

• a 12-month agreement at the same rent as the original tenancy agreement
• a 12-month agreement which starts at the same rent as the original agreement with a clause to increase the rent in February 2024, as this marks 12 months since the rental amount was payable for the property.

Example 3: Tenants moved into a rental property in February 2023 and signed a 12-month agreement, which included a clause to increase the rent in August 2023. This rent increase is invalid because it comes into effect after 1 July 2023 and it has been less than 12 months since the last rent increase. The rent cannot be increased until February 2024.  

The rent can only be increased once every 12 months. 

Example: Tenants move into the property in July 2023 and pay a higher amount than the previous tenancy agreement. The rent cannot be increased until July 2024. This applies even if the tenancy agreement is renewed or extended within the 12-month period.

No. As of 6 June 2024, a change of tenants does not impact the 12-month rent increase frequency limit.

Property owners may apply to the Queensland Civil and Administrative Tribunal (QCAT) for an order to increase rent before the minimum 12 months has passed if not increasing rent would cause them undue hardship.

The Act does not define undue hardship; this is determined by QCAT on a case-by-case basis. The managing party must be able to show, or substantiate, how they would face undue hardship if the rent was not increased for the premises.

In making its decision, the Act states that QCAT must have regard to the tenant’s representation of:

• the affordability of the premises, and
• their ability to pay the proposed increase.

For this reason, a tenant may wish to attend the QCAT hearing to represent their own interests.

No. A change of property manager or owner does not impact the 12-month rent increase frequency limit.

Example: New tenants move into a rental property in February 2023 on a six-month lease. In April 2023, the property is sold to a new owner. In August 2023, the tenants and the new owner agree to renew the lease for another six months. The owner cannot increase the rent as part of this agreement as the rent cannot be increased until February 2024.

No. The rent increase frequency limits will not apply to State tenancy agreements provided by the Department of Housing or employee housing provided by the Queensland Government.

As of 6 June 2024, under a fixed term tenancy agreement, rent can only be increased if all of the following legislative requirements are met:

• it has been at least 12 months since the current rent amount became payable for the premises
• the agreement states the rent will be increased
• the agreement states the new amount (or how it will be worked out)
• the property manager/owner gives the tenant at least two months written notice for general tenancies and four weeks written notice for rooming accommodation.

Important: If rent is to be increased during a tenancy agreement, written notice to advise of a rent increase can only be issued once a renewal agreement has started. This means that the earliest a rent increase can take place is 2 months from the start of a renewal agreement if the required notice to increase was issued the day the agreement started.

As of 1 July 2023, rent can be increased for a periodic agreement if it’s been at least 12 months since the last increase and the property manager gives the tenants at least two months written notice for general tenancies and four weeks written notice for rooming accommodation.

Rent can only be increased once every 12 months, but it’s good practice for the property manager or owner to give the tenant as much notice as possible.  

Example: Tenants moved into a rental property on a 12-month lease in August 2022. The tenant and the property manager want to renew the lease for another 12 months when the tenancy ends in August 2023. The property manager wants to increase the rent by $10 a week. The rent increase cannot be applied until August 2023, but the property manager can tell the tenant they intend to increase the rent earlier.  

From 6 June 2024, the legislation requires property managers/owners to provide the date of the last rent increase in a general tenancy and rooming accommodation agreement. There is no specific exemption for situations such as when a property is purchased within 12 months of a new tenancy starting, and property managers/owners do not have the information of the date of the last rent increase. Additionally, the legislation does not address the situation where an owner who previously lived in the property begins renting it out for the first time and is unable to provide the date of the last rent increase.

The Residential Tenancies Authority (RTA) recommends that property managers/owners communicate to the tenant in writing if they cannot provide the date of the most recent rent increase at the beginning of a tenancy including the reason why that information cannot be provided.

Tenants can ask for evidence of the last rent increase if they have concerns about compliance with the legislation, however, if the property was purchased within 12 months of the start of the tenancy, the property manager/owner is not required to provide evidence if they do not have it. 
Please note: that under the legislation an owner is deemed to have evidence of the last rent increase if they, or their agent (e.g. real estate agent, property manager, lawyer) has this information in their possession or control.

If the issue cannot be resolved through self-resolution, the customers may request a dispute resolution through the RTA or a tenant can request an investigation by the RTA.