Can my landlord raise the rent while I am still in a fixed term lease in Western Australia?
Yes, your landlord can raise the rent during a fixed-term lease in Western Australia, but only if your tenancy agreement explicitly includes a rent increase clause. The increase can only happen after six months, and they must provide 60 days' written notice on an official form.
Was this helpful?
1 readers found this helpful
How it works in practice
Rent Increases During a Fixed Term
In Western Australia, a landlord is legally permitted to increase your rent while you are on a fixed-term lease, but strict conditions apply. The most critical requirement is that your original tenancy agreement must contain a specific rent increase clause. If this clause is missing, your rent cannot be changed until the lease expires.
Timing and Notice Requirements
Even if your lease allows for a rent increase, your landlord cannot raise it whenever they want. Rent can only be increased once every six months. This timeframe applies from the start of your tenancy or from the date of the last rent increase.
Additionally, the landlord must provide you with a minimum of 60 days' written notice before the new rent amount takes effect. This notice must be given using the official standard form provided by the WA government.
How the Increase is Calculated
The rent increase clause in your agreement must clearly specify exactly how the new rent will be calculated. This is usually done by stating a specific dollar amount or by using a set formula, such as the Consumer Price Index (CPI). If the method of calculation is not written into the lease, the increase is invalid.
Important exceptions
If you are renting under the National Rental Affordability Scheme (NRAS) or through a social housing provider, different rules and calculation methods for rent increases may apply based on your income rather than standard market formulas.
Additionally, if your fixed-term lease agreement does not specify the exact method for calculating the increase (for example, it simply says "rent may be reviewed"), the landlord cannot enforce the increase. If you believe the proposed rent increase is excessively high, you can apply to the Magistrates Court in WA for a formal assessment and potential reduction.
What you should do now
-
Check your current tenancy agreement to ensure it contains a specific written clause allowing for rent increases during the fixed term.
-
Verify that it has been at least six months since your tenancy started or since your last rent increase occurred.
-
Confirm that your landlord has provided a minimum of 60 days' written notice using the official standard government form.
-
Review the notice to ensure the new rent amount is calculated exactly as specified in your lease agreement's formula.
-
Contact Consumer Protection WA or seek legal advice if the notice is invalid, or apply to the Magistrates Court if you believe the increase is excessive.
Expert Notes
No expert notes have been added to this question yet.
People also asked
Explore highly relevant questions and get instant verified short answers.