How to Challenge an Excessive Rent Increase

Updated 2026-04-05General

Not Legal Advice

The information on this page is general in nature and is not legal advice. Tenancy laws vary by state and individual circumstances differ. For advice specific to your situation, contact your state tenancy authority or a community legal centre.

Rent increases are a normal part of renting, but they must follow specific rules — including minimum notice periods, limits on frequency, and in some states, restrictions on the amount. If you believe a rent increase is excessive or unlawful, you have the right to challenge it.

When a rent increase is valid

In most Australian states, a landlord can increase rent:

• No more than once per 12 months (this limit now applies in NSW, VIC, QLD, WA, SA, ACT, and NT following recent reforms) • Only after giving the required written notice — typically 60 days, though this varies by state (Victoria requires 90 days) • During a fixed-term tenancy only if the lease specifically includes a rent review clause

An increase that does not comply with these rules may be invalid, and you do not have to pay it until the correct process is followed.

Researching comparable market rents

Before challenging an increase, research what comparable properties in your area are currently renting for. Use Domain, REA Group, and Rent.com.au to find recent listings for similar properties — same suburb, similar size, similar features.

If the proposed increase would take your rent significantly above market rate, you have a stronger basis for a challenge. Document your research with screenshots and dates.

Writing a formal objection

If you believe the increase is excessive, respond to the landlord or agent in writing before the increase takes effect. Your letter should:

• Acknowledge receipt of the rent increase notice • State that you consider the increase excessive and explain why (with market comparisons) • Propose an alternative amount or ask for a meeting to discuss • Reference the relevant state tenancy legislation

Keep the tone professional. Many landlords will negotiate rather than risk losing a reliable tenant.

Applying to the tribunal for a rent review

If direct negotiation fails, most states allow tenants to apply to the tenancy tribunal to have an excessive rent increase reviewed. The tribunal will consider market rates, the condition of the property, and other relevant factors when determining a fair rent.

In some states there are strict timeframes for applying — often within 30 days of receiving the notice. Do not delay. Contact your state tenancy authority for the specific application process.

Seasonal timing and negotiation leverage

The rental market is quieter during the cooler months — typically May through August in most Australian cities. If your lease renewal falls during this period, landlords are often more open to negotiation because fewer people are looking for properties.

A long tenancy record, consistent rent payment history, and a well-maintained property are all points in your favour. Highlight these when negotiating.

Remember: this is not legal advice

The information on this page is general in nature and is not legal advice. Tenancy laws vary by state and individual circumstances differ. For advice specific to your situation, contact your state tenancy authority or a community legal centre.