Rent payments and receipts
Rent bidding is where real estate agents or property owners solicit a higher than advertised rent from prospective tenants. There are two types of rent bidding:
- Rental auction - prospective tenants are invited to make offers of rent payable; or
- Rent bracketing - prospective tenants are encouraged to bid within a certain price range or above the advertised price.
Property owners and agents must:
- advertise rental premises at a fixed price; and
- must not invite prospective tenants to make an offer to rent at a price higher than the advertised fixed price.
If you identify with or have experienced rent bidding, you can report a possible breach by lodging a complaint with this office.
From 1 October 2015 rent can only be increased 12 monthly regardless of the date the agreement is signed.
- If your residential tenancy agreement was signed, extended or renewed after 1 October 2014, rent can only be increased:
- 60 days after written notice of the increase is given; and
- 12 months after the date the tenancy started or was extended or renewed, the last rent increase or an order from a magistrate relating to rent.
- If your residential tenancy agreement was signed, extended or renewed before 1 October 2014, rent can only be increased:
- 60 days after written notice of the increase is given, and
- 6 months after the date the tenancy started or was extended or renewed, the last rent increase or an order from a magistrate relating to rent.
- The property owner can only increase the rent after giving the tenant notice, specifying the:
- amount of the increase; and
- day on which the increase begins.
Unreasonable rent increases
If a tenant thinks a rent increase is unreasonable and need advice, they can:
- contact Consumer Affairs and Fair Trading on 1300 654 499; or
- email firstname.lastname@example.org or
- Complete an Online Complaint form to have unreasonable rent increases reviewed by the Residential Tenancy Commissioner. The Commissioner may compare the rent increase with rent charged for similar properties in a similar location.
The tenancy agreement will specify a payment period when the rent is to be paid (eg fortnightly).
Rent for each payment period must be paid in advance.
The property owner/agent can only charge a maximum of 4 weeks rent in advance.
A security deposit (bond) cannot exceed 4 weeks rent.
The payment period can only be changed if both the tenant and the property owner agree.
A tenant cannot stop paying rent even if the property owner/agent is not keeping to the terms of the lease agreement (eg not doing repairs and maintenance). If the tenant believes the owner is breaching the lease agreement they may consider terminating the agreement. Information on terminating an agreement is available
Rent arrears (behind in rent)