Can my landlord increase my rent twice in one year in Western Australia?
No, your landlord cannot increase your rent twice in one year in Western Australia. Under recent rental law reforms, rent increases are strictly limited to a maximum of once every 12 months. This rule applies to both periodic and fixed-term tenancy agreements.
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How it works in practice
New Rent Increase Limits
In Western Australia, rental laws have recently been updated to provide greater stability for tenants. As part of these changes, landlords are now legally prohibited from increasing the rent more than once in any 12-month period. This is a significant shift from the previous rules, which allowed increases every six months.
Application to Lease Types
This 12-month restriction applies universally to both periodic (rolling) tenancies and fixed-term lease agreements. If you are on a fixed-term lease, your rent can still only be increased if the tenancy agreement specifically includes a provision allowing for an increase, and it must still adhere to the 12-month limit.
Notice Period Requirements
Even when a rent increase is legally permitted after 12 months, your landlord cannot implement it immediately. They are legally required to provide you with at least 60 days' written notice before the new rent amount takes effect. This notice must be given using the official approved form from Consumer Protection WA.
Tenant Protections
If a landlord attempts to increase the rent before the 12-month period has expired, the notice is invalid. Tenants have the right to formally dispute the increase and continue paying their current rent until a legally valid notice is provided. You cannot be evicted simply for refusing an unlawful rent increase.
Important exceptions
While the 12-month limit is strict, there are a few nuanced exceptions.
If a landlord makes significant improvements or renovations to the property at the tenant's request, the tenant and landlord may mutually agree to increase the rent within the 12-month period to reflect the upgraded living conditions.
Additionally, rent calculations for tenants in public or social housing managed by the Housing Authority are often based on the tenant's income rather than market rates. In these specific circumstances, rent may be adjusted more frequently if the household's assessable income changes significantly during the year.
What you should do now
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Check the exact date your current tenancy started or the date your last rent increase took effect to establish the 12-month timeline.
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Review the written notice provided by your landlord to ensure they have given you the legally required 60 days' warning.
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Verify that the landlord used the official "Notice to tenant of rent increase" form approved by the WA Government.
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Contact your landlord or property manager in writing to dispute the increase if it falls within the restricted 12-month window.
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File a formal complaint with Consumer Protection WA or apply to the Magistrates Court if the landlord attempts to enforce an unlawful increase.
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