Can my landlord raise the rent while I am still in a fixed term lease in Tasmania?
No, your landlord generally cannot raise the rent while you are in a fixed-term lease in Tasmania. The only exception is if your written lease agreement explicitly includes a clause allowing an increase and specifies exactly how it is calculated.
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How it works in practice
Your Rights During a Fixed-Term Lease
In Tasmania, entering into a fixed-term tenancy agreement provides a high level of security regarding your rent price. The law is designed to ensure that the financial expectations set at the beginning of your lease remain stable until the agreement expires.
By default, a landlord cannot simply decide to increase your rent because market conditions have changed or their own costs have gone up. If your contract makes no mention of mid-lease rent increases, you are legally protected from paying any additional amount until a new lease is negotiated.
The Role of Lease Clauses
The strict rule against mid-lease rent increases has one primary exception, which must be agreed upon before you move in. A landlord is only permitted to raise the rent during the fixed term if a specific, clearly written clause is included in your original lease agreement.
This clause cannot be vague. It must explicitly state that rent may be increased and clearly outline the exact method or formula used to calculate the new amount. If the clause merely says "rent may be reviewed," it is generally unenforceable under Tasmanian rental laws.
Important exceptions
Even if your fixed-term lease includes a legally valid rent increase clause, strict rules still apply. Most importantly, your landlord can only increase your rent once every 12 months in Tasmania, regardless of what the lease says.
Furthermore, you must always be given at least 60 days' clear written notice before any rent increase takes effect. The notice must specify the new rent amount and the exact date it begins. If the landlord fails to provide the proper 60-day notice, the rent increase is invalid, and you do not have to pay the higher amount until the correct notice period is fulfilled.
What you should do now
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Read your current tenancy agreement carefully to check if it contains a specific clause allowing rent increases during the fixed term.
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Verify that any clause allowing an increase clearly states how the new rent amount will be calculated, rather than just stating it will be reviewed.
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Check the date of your last rent increase to ensure the landlord is adhering to the legal limit of only one increase per 12-month period.
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Confirm that the landlord has provided you with at least 60 days' written notice before the proposed new rent amount takes effect.
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Contact the Tenants' Union of Tasmania or Consumer, Building and Occupational Services (CBOS) if you receive an invalid notice or unlawful rent increase.
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