April 3, 2012

Real Estate Training Queensland - Minimum period before rent can be increased

Property Managers and Lessors in Queensland are reminded about section 93 of the Residential Tenancies and Rooming Accommodation Act 2008 (QLD) in regards to minimum periods before rent can be increased for Residential Tenancies.


Rents cannot be increased less than six months since the existing rent became payable; refer to section 93 below from the Act for more information.


93 Minimum period before rent can be increased


(1) This section applies to rent (the existing rent) payable to a

lessor or lessor’s agent by the tenant of premises under a

residential tenancy agreement.

(2) The lessor or lessor’s agent must not increase the existing rent

less than 6 months since the date the existing rent became

payable by the tenant.

Maximum penalty—20 penalty units.

(3) Nothing prevents a lessor or lessor’s agent from giving notice

of an increase in rent within 6 months since the last increase

provided the increase does not take effect until 6 months or

more since the last increase.

[s 94]

(4) This section applies whether the increase in the existing rent is

to take effect during an existing agreement or from one

agreement to the next.

(5) This section also applies—

(a) if at least 1 of the tenants responsible for the existing

rent will be subject to the increase in rent; and

(b) whether or not the lessor who increases the rent is the

same person as the lessor who last increased the rent.

(6) This section does not apply if—

(a) the lessor is the chief executive of the department in

which the Housing Act 2003 is administered, acting on

behalf of the State; or

(b) the lessor is the State and the tenant is an officer or

employee of the State.

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