Can my landlord raise the rent while I am still in a fixed term lease in South Australia?
No, your landlord cannot raise the rent during a fixed-term lease in South Australia unless your written tenancy agreement explicitly includes a clause allowing it. Even with this clause, they must give 60 days' written notice, and rent can only increase once every 12 months.
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How it works in practice
The Rules for Fixed-Term Leases
In South Australia, your rent is usually locked in for the duration of a fixed-term lease. Landlords cannot legally demand a rent increase halfway through your contract simply because market rates have gone up or their expenses have increased.
When an Increase is Allowed
The only way a landlord can increase your rent during a fixed term is if you agreed to it from the very beginning. Your original tenancy agreement must contain a specific rent increase clause. This clause must clearly outline either the exact amount of the increase or the precise method used to calculate it.
Strict Notice Periods
Even if your contract includes a valid rent increase clause, the landlord cannot just start charging you more without warning. They are legally required to provide you with at least 60 days' written notice before the new rent takes effect.
The 12-Month Rule
Furthermore, South Australian law strictly dictates how often rent can be raised. Rent can only be increased once every 12 months. This means the increase cannot take effect until at least a year has passed since your tenancy began or since the last rent increase was applied to your property.
Important exceptions
There are limited exceptions where rent can be increased outside standard rules, but these require mutual agreement or formal legal intervention.
If you and the landlord both mutually agree to modify the lease terms—for example, if the landlord agrees to significantly upgrade the property or add a major new facility—the rent can be increased to reflect this physical improvement to your home.
Alternatively, the landlord can apply to the South Australian Civil and Administrative Tribunal (SACAT) for permission to increase the rent due to severe and unforeseen financial hardship, though these applications are rarely granted.
What you should do now
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Read your current tenancy agreement carefully to check if it contains a specific rent increase clause.
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Check the exact date your lease started or when your rent was last increased to ensure at least 12 months have passed.
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Review the written notice provided by your landlord to confirm they have given you the legally required 60 days' warning.
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Contact Consumer and Business Services (CBS) in South Australia if the notice is invalid or your lease does not legally allow for an increase.
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Continue paying your original agreed rent amount until the dispute is formally resolved or the 60-day notice period officially expires.
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