Can my landlord raise the rent while I am still in a fixed term lease in the ACT?
No, your landlord generally cannot raise the rent while you are in a fixed-term lease in the ACT. They can only do so if your specific tenancy agreement includes a special clause allowing it, stating exactly how the increase will be calculated.
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How it works in practice
Understanding Fixed-Term Rent Increases
In the Australian Capital Territory (ACT), signing a fixed-term lease generally locks in your rental price for the entire duration of that agreement. A landlord cannot arbitrarily decide to increase your rent simply because market conditions have changed or they face higher property costs.
Your tenancy agreement is a legally binding contract. Unless a specific provision was included and agreed upon when you initially signed the document, the rent amount must remain exactly as stated until the fixed term expires.
How Agreements Allow Increases
If a landlord wishes to increase the rent during a fixed term, they must rely on a specific clause explicitly written into your lease. This clause cannot be vague. It must clearly state either the exact dollar amount of the upcoming increase or the precise mathematical method used to calculate it.
Even if this clause exists, your landlord is still legally obligated to provide you with at least eight weeks' written notice before the higher rent takes effect. Furthermore, rent can only be increased a maximum of once every 12 months, regardless of what the lease says.
Important exceptions
The primary exception occurs if you initially signed a fixed-term lease longer than 12 months. Since rent can legally be increased once every 12 months in the ACT, a multi-year lease might include scheduled rent reviews.
Additionally, if you mutually agree with the landlord to significantly alter the property or tenancy conditions—such as adding a new roommate or requesting major property upgrades—you might voluntarily agree to a rent increase outside the standard rules. However, they cannot force you into this agreement.
What you should do now
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Read your tenancy agreement carefully to check if it contains a specific rent increase clause.
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Check the date of your last rent increase to ensure 12 full months have passed.
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Verify that the landlord has provided a formal written notice at least eight weeks in advance.
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Refuse to pay the increased amount if there is no specific clause in your fixed-term contract.
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Contact the Tenants' Union ACT or ACAT for legal support if the landlord attempts an unlawful rent increase.
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