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.
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:
Rent cannot be increased during a fixed term unless it is stated in the tenancy agreement and all of the following occurs:
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.
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:
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.
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.
For existing agreementsQCAT may take the following into consideration when determining excessive rent increases:
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.
The Bond lodgement is used when lodging either a full or part-payment of rental bond money (for Queensland tenancies) with the Residential Tenancies Authority (RTA).
Where a property is new to the market (rented out for the first time), how can a managing party/owner provide the date of last rent increase?
A property manager/owner will be requested to provide the date of the last rent increase on the property. In the instance of a property being new to the market, including where an owner is no longer occupying the premises and is now renting the property for the first time, the date of the last rent increase is the date of the start of the agreement.
Tenants can ask for evidence of the date of the last rent increase if they have concerns about compliance with the legislation. Under the Act, 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, etc.) has this information in their possession or control.
The RTA recommends that property managers/owners communicate in writing to the tenant 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. If the issue cannot be resolved through self-resolution, customers may request dispute resolution through the RTA, or a tenant can request an investigation by the RTA.
If the property was purchased within 12 months of a new lease starting and the property manager/owner does not have the information about the last rent increase, or if the property owner lived in the property before renting it out, how can they provide the date of the last rent increase on the tenancy agreement?
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.
If rent is decreased at the start of or during a tenancy, can it be increased within 12 months?There are circumstances under which rent may be decreased during a tenancy either through a written mutual agreement or by a QCAT order.
For general tenancy agreements, rent may be decreased if:
For rooming tenancy agreements, rent may be decreased if:
If rent has been decreased and later returns to the original amount, this change is not considered a rent increase within the 12-month limit under the Act.
If a property manager/owner enters into a new agreement with cheaper rent than the previous agreement (for example, to allow friends or family to live in the property), can the cost of rent be changed back to the original (more expensive) amount within the 12-month period?
Rent for a property can only be increased once every 12 months. However, a property manager/owner may apply to QCAT for permission to increase the rent within less than 12 months on the grounds of undue hardship.
When deciding whether to permit such an increase, QCAT must consider any representations made by the tenant about the proposed rent increase and its likely effects on:
