Can my landlord raise the rent while I am still in a fixed term lease in Victoria?
No, your landlord generally cannot raise the rent while you are in a fixed-term lease in Victoria. The only exception is if your written rental agreement explicitly includes a specific condition allowing for a rent increase and outlines exactly how it will be calculated.
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How it works in practice
Fixed-Term Lease Protections
In Victoria, signing a fixed-term lease provides strong financial security because it locks in your rental price for the duration of the agreement. Under the Residential Tenancies Act, landlords are generally prohibited from increasing your rent before the official end date of your contract.
This means if you sign a 12-month lease, you can confidently budget for that exact amount for the entire year. Your landlord cannot legally demand more money just because market rates have gone up or their personal expenses have increased.
The Role of Special Clauses
The law does provide one specific exception. A rent increase during a fixed-term agreement is only legal if you specifically agreed to it when signing the lease. This requires a clearly written clause within your contract.
Furthermore, this clause cannot be vague. It must explicitly detail exactly how the increase will be calculated, such as tying it to the Consumer Price Index (CPI) or stating a fixed dollar amount. If your lease does not contain this specific, detailed clause, any notice of a rent increase during your fixed term is legally invalid and you do not have to pay it.
Important exceptions
There are specific exceptions where a rent increase during a fixed-term lease might be legally enforceable in Victoria.
The primary exception is if your signed tenancy agreement contains a valid special clause allowing an increase. This clause must explicitly state exactly how the new rent will be calculated, such as a set dollar amount or a percentage tied to inflation.
Additionally, if you request significant property upgrades—such as installing a split-system air conditioner or security screens—the landlord can negotiate a rent increase in exchange for providing these improvements before the fixed term concludes.
What you should do now
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Review your current tenancy agreement to check if there is a specific clause allowing a rent increase during the fixed term.
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Verify that any rent increase notice is provided in writing using the official Consumer Affairs Victoria form and gives at least 60 days' notice.
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Check the calculation method in your lease to ensure the proposed increase exactly matches the agreed-upon formula.
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Continue paying your original rent amount if the landlord has not followed the legal notice requirements or if your lease lacks an increase clause.
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Contact Consumer Affairs Victoria or the Victorian Civil and Administrative Tribunal (VCAT) if you believe the increase is invalid or excessive.
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