Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 93

93 Minimum period before rent can be increased

(1) A lessor or lessor’s agent must not increase, or purport to increase, the rent payable by a tenant less than 12 months after the last rent increase for the residential premises.

Penalty—

Maximum penalty—20 penalty units.

(2) For this section, rent is
"increased" for the residential premises if—

(a) a rent increase happens during the term of a residential tenancy agreement; or

(b) a new residential tenancy agreement (a
"new agreement" ) is entered into for the residential premises and, immediately before rent becomes payable under the new agreement, either—

(i) rent was not payable for the residential premises; or

(ii) the amount of rent payable for the residential premises was less than the rent that will be payable under the new agreement.

(3) The 12-month period mentioned in subsection (1) applies even if the last rent increase for the residential premises related to a different residential tenancy agreement, including a residential tenancy agreement entered into by a previous owner of the premises.

Example—

Under a residential tenancy agreement with Tenant A, rent is increased on 1 November 2024. A new residential tenancy agreement for the residential premises is entered into with Tenant B, commencing on 1 February 2025. Under subsection (1) , the rent must not be increased until 12 months after 1 November 2024.

(4) Also, if the residential premises are moveable dwelling premises in a moveable dwelling park for a long tenancy (moveable dwelling), the 12-month period mentioned in subsection (1) applies whether the last rent increase was for the dwelling or its site, or both.

(5) For subsection (1) , it does not matter whether or not the lessor or agent who increases the rent is the same person as the lessor or agent who last increased the rent.

(6) Nothing in this section prevents the lessor or agent from giving notice of an increase in rent within the 12 months mentioned in subsection (1) provided the increase does not take effect until the end of the 12 months.

(7) This section does not apply—

(a) to an exempt lessor or an agent of an exempt lessor; or

(b) to the extent the rent payable under a residential tenancy agreement is increased under an order of the tribunal under section 93B .