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Rent increases — what's legal in your state

How often can your rent go up? How much notice must your landlord give? Does your state cap increases? Everything you need to know.

6 min readUpdated January 2026
NSW
VIC
QLD
WA
SA
ACT
TAS
NT

The basics

All Australian states and territories regulate how often rent can be increased, how much notice must be given, and in some cases how much the increase can be. A rent increase that doesn't comply with the rules is not enforceable — you don't have to pay it until it is corrected.

Frequency limits

Most states limit rent increases to once every 12 months. This 12-month period is measured from the last time the rent was increased, not from the start of the tenancy.

StateMaximum frequencyMinimum noticeCap/CPI limit?
NSWOnce per 12 months60 daysNo cap
VICOnce per 12 months60 daysNo cap
QLDOnce per 12 months60 daysNo cap
WAOnce per 12 months60 daysNo cap
SAOnce per 12 months60 daysNo cap
ACTOnce per 12 months8 weeksCPI cap applies
TASOnce per 12 months60 daysNo cap
NTOnce per 12 months30 daysNo cap

ACT — the only jurisdiction with a rent cap

The ACT is unique in Australia in having a statutory rent cap. Under the Residential Tenancies Act 1997 (ACT), rent increases are limited to the annual rate of CPI for Canberra as published by the ABS. If your landlord wants to increase rent above the CPI rate, they must apply to the ACT Civil and Administrative Tribunal (ACAT) for approval. The Tribunal will only approve an above-CPI increase if the landlord can demonstrate exceptional circumstances.

The current Canberra CPI figure is published quarterly by the ABS. You can check it at abs.gov.au. Use the SquareLease Rent Increase Checker to automatically calculate whether your proposed increase exceeds the ACT cap.

Fixed-term leases

During a fixed-term lease, rent can generally only be increased if the lease agreement includes a specific rent increase clause that states the new amount or a formula for calculating it. A vague clause saying 'rent may increase' is not sufficient in most states. At the end of a fixed-term lease when it rolls to a periodic tenancy, the landlord can propose a new rent by giving proper notice.

If your fixed-term lease does not contain a specific rent increase clause (with the dollar amount or formula), your landlord cannot increase rent during the fixed term — regardless of what state you are in.

How to respond to a rent increase

If you receive a rent increase notice, you have several options:

  • Check the notice period — if less than the required minimum, the increase is invalid until proper notice is given
  • Check the frequency — if it's been less than 12 months since your last increase, write to the landlord pointing this out
  • In the ACT, check the CPI — if the increase exceeds CPI, you can challenge it at ACAT
  • In all states, you can negotiate — landlords often expect some pushback
  • If you believe the increase is excessive or retaliatory, apply to your state tribunal

Challenging an excessive rent increase

Outside the ACT, there is no cap on how much rent can be increased — but all states allow tenants to apply to the tribunal if they believe an increase is excessive. When assessing whether an increase is excessive, tribunals typically consider: comparable rents in the area, the condition of the property, recent capital improvements, length of tenancy, and landlord's costs. Most tribunals will reduce excessive increases, though it requires an application and some preparation.

This guide provides general information based on current Australian tenancy legislation. It is not legal advice. Always verify with the relevant state tenancy authority or a qualified professional for your specific situation. Last verified: January 2026.

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