Rent increases and repairs — your rights as a renter

During a fixed-term agreement, rent can only be increased if the agreement expressly provides for it and sets out either the amount or the method of calculating it. A lease that is silent on increases means no increase until it ends.

On a periodic agreement, or at the end of a fixed term, the landlord must give written notice. The notice period is 60 days in most states, and the notice must state the new amount and the date it takes effect. A verbal notice, a text message in some jurisdictions, or a notice with the wrong date is invalid — and an invalid notice means the increase does not take effect.

Frequency is now limited to once every 12 months in most Australian jurisdictions following a wave of reforms, closing the practice of repeated increases within a single year.

An increase cannot be used as retaliation. If rent rises shortly after you requested repairs, asserted a right or made a complaint, that timing is directly relevant at a tribunal, and several states have specific provisions against retaliatory action.

Check the notice first. Wrong period, wrong date, wrong form, missing amount or delivered by an invalid method all make it ineffective, and this resolves a surprising share of disputes without argument.

If the notice is valid but the increase is excessive, you can apply to the state tribunal for review, generally within a defined window after receiving the notice — often 30 days. Do not wait for the increase to take effect.

The tribunal compares the new rent against market rent for similar properties in the area, taking into account the property's condition, any outstanding repairs, and the amount and timing of previous increases. It can reduce the increase or set it aside.

Gather comparable listings for equivalent properties in the same suburb, photographs of any disrepair, and your record of repair requests. An increase to market rate on a property with unaddressed repairs is a much weaker case for the landlord than the raw rent comparison suggests.

Negotiating first is usually worth a message. Vacancy costs a landlord several weeks' rent plus re-letting fees, and a reasonable counter-offer is frequently accepted.

Urgent repairs are defined in each state's residential tenancies Act and typically include a burst water service, a blocked or broken toilet, a serious roof leak, a gas leak, a dangerous electrical fault, flooding or serious flood damage, serious storm or fire damage, a failure of gas, electricity or water supply, a failure of an essential appliance for hot water, cooking or heating, a fault that makes the property unsafe or insecure, and in several states a serious problem with an essential service in extreme weather.

The landlord or agent must arrange urgent repairs immediately. If you cannot contact them, or they do not act, most states allow you to arrange the repair yourself with a suitably qualified tradesperson and be reimbursed up to a capped amount. The cap and the process differ by state, so check before spending.

Non-urgent repairs must be done within a reasonable time — defined in some states as a specific number of days after a written request. Always request in writing, keep the message, and photograph the problem.

Minimum standards now apply in several states, covering matters such as functioning locks, hot and cold water, adequate ventilation, working smoke alarms, and in some jurisdictions heating and energy efficiency. A property that does not meet them is non-compliant regardless of what the lease says.

Escalate in writing with a deadline. A short email setting out the problem, the date it was first reported, the legal category (urgent or non-urgent) and a specific deadline creates the record a tribunal wants to see.

Do not withhold rent. In almost every Australian jurisdiction, withholding rent to force repairs puts you in breach and exposes you to a termination notice, even where the landlord is clearly in the wrong. There are narrow exceptions involving payment into a tribunal-held account in some states — do not attempt this without advice.

Apply to the tribunal for a repair order. Tribunals can order the work be done, order a rent reduction for the period the property was not up to standard, and order compensation for damaged possessions or additional costs you incurred.

Contact your state fair-trading or tenancy authority, and the free tenants' advice service in your state. A letter from either frequently produces action that a tenant's letter did not.

If the property is unsafe or uninhabitable, that is a different and more urgent conversation — councils have powers over unfit dwellings, and tribunals can terminate a tenancy where a property is unfit for habitation.