Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 91

91 Rent increases

(1) This section applies to increases in rent for the following—

(a) a periodic agreement;

(b) a fixed term agreement, during the term of the agreement.

Note—

See also section 93 for the minimum period before rent can be increased under a residential tenancy agreement.

(2) If the lessor proposes to increase the rent, the lessor must give written notice of the proposal to the tenant in the way required by this section.

(3) The notice must state—

(a) the amount of the increased rent; and

(b) the day from when the increased rent is payable; and

(c) the day the rent was last increased for the premises.

(3A) However, subsection (3) (c) does not apply if the lessor is an exempt lessor.

(4) The day stated in the notice under subsection (3) (b) must not be earlier than the later of the following—

(a) 2 months after the day the notice is given to the tenant;

(b) the end of the minimum period before the rent may be increased under section 93 .

(5) Subject to an order of a tribunal under section 92 , the increased rent is payable from the day stated in the notice, and the agreement is taken to be amended accordingly.

(6) However, the increased rent is payable by the tenant only if—

(a) the rent is increased in compliance with this section; and

(b) the increased rent is not payable before the end of the minimum period before the rent may be increased under section 93 ; and

(c) the increase in rent does not relate to—

(i) compliance of the premises or inclusions with the prescribed minimum housing standards; or

(ii) the keeping of a pet or working dog at the premises.

(7) Also, the rent under a fixed term agreement may not be increased before the term ends unless—

(a) the agreement provides for a rent increase; and

(b) the agreement states the amount of the increase or how the amount of the increase is to be worked out; and

(c) the increase is made under the agreement.

(8) This section applies subject to sections 93 and 93A .

(9) 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; or

(c) the lessor is the replacement lessor under a community housing provider tenancy agreement.

Note—

This section does not apply to an increase in rent from one fixed term agreement to the next.