Changes to Queensland rental laws came into effect from 6 June 2024. Learn more about the changes and what they mean for you.
Rent cannot be increased unless it has been at least 12 months since the current amount of rent became payable. The 12-month period applies even if the last rent increase was related to a different tenancy agreement with another tenant or by a previous agent or owner of the property.
From 6 June 2024, the property manager/owner must include the date of the last rent increase for the premises in the tenancy agreement (Form 18a/Form 18b/Form R18).
If the residential premises are a movable dwelling for a long tenancy, the 12-month period applies whether the last rent increase was for the dwelling, its site, or both.
If the rent in a rooming accommodation agreement covers both accommodation and a service, the 12-month period only applies to rent increases.
If there was a rent increase within the last 12 months before this new requirement was implemented, it still counts towards the 12-month limit, even if it happened with a different agreement, tenant, or owner.
It is an offence under the Act to increase the rent in less than 12 months, with a maximum penalty of 20 penalty units. If you believe an offence has occurred you can contact the RTA for information and request an investigation.
Rent increase requirements do not apply to exempt property managers/owners or exempt providers. The Act provides definitions for an exempt property manager/owner and an exempt provider.
The requirement to provide evidence of a rent increase does not apply if the premises is purchased within 12 months of commencement, and the property manager/owner or provider does not have information about the date of the last rent increase.
New agreements
The property manager/owner and tenant can agree to a rent increase at the end of a fixed term agreement by entering into a new agreement. However, it must be at least 12 months since the last rent increase. There is no requirement to serve a notice about the increase.
If a new agreement is not signed, the agreement becomes periodic (with the same terms and conditions as fixed term tenancy agreement). The rent can be increased by giving:
- at least two months notice prior to or on the commencement of the periodic agreement for general tenancies
- at least four weeks notice prior to or on the commencement of the periodic agreement for rooming accommodation agreements.
Fixed term agreements
Rent cannot be increased during a fixed term unless it is stated in the tenancy agreement and all of the following occurs:
- 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' notice in writing for a general tenancy and four weeks’ notice for a rooming accommodation agreement
- it has been at least 12 months since the last increase for the premises or room.
The property manager/owner must also give the tenant or resident separate written notice of the increase. It does not automatically come into effect because it is in the agreement. The notice should include the increased amount and the day it takes effect.
Periodic agreements
Rent can be increased if it has been at least 12 months since the current rent amount became payable and the property manager/owner gives the tenant or resident at least:
- two months notice in writing for general tenancies
- four weeks notice in writing for rooming accommodation agreements.
If there is a fixed term agreement in place which is to become a periodic agreement, then two months' notice in writing can be given prior to or on the commencement of the periodic agreement. However, the rent increase can only take effect at least two months after the commencement of the periodic agreement.
Excessive rent increases
A tenant or resident can dispute the increase if they feel it is excessive by discussing the issue with the property manager/owner. If the tenant or resident still feels the increase is excessive, they can apply for dispute resolution once the new agreement is signed. They may also apply to Queensland Civil and Administrative Tribunal (QCAT) for a decision.
QCAT may take the following into consideration when determining excessive rent increases:
- range of market rents usually charged for similar premises
- difference between the proposed and current rent
- state of repair of the property
- term of the tenancy
- period since the last rent increase (if any)
- anything else QCAT considers relevant.
Bond
If rent is increased, the bond may be increased if it has been at least 11 months since the last bond increase or start of the tenancy. Any extra bond must generally be lodged with the RTA using a Bond lodgement (Form 2) or the Bond Lodgement Web Service. The tenant must pay the increase in bond by the date stated on the notice, which must be at least one month after the tenant received the notice.