Invalid rent increase
This sample letter was updated on 20 November 2024 to reflect the recent changes to tenancy laws.
You can use this sample letter when you have received a notice of rent increase but you do not think it is valid because either:
- it does not give you at least 60 days notice, or
- it is within the first 12 months since the start of the tenancy, or
- you have already received an increase within the last 12 month period.
Choose which of the scenarios below is applicable to you, and delete the other scenarios from the letter.
See Factsheet 4: Rent Increases for the legal rules around rent increases. Please note that these laws are subject to change if transitional provisions are brought into force. Check again before you send your letter.
Copy and paste the template letter below or download a copy from the link above. Remember to substitute your details for the details contained in [square brackets].
[Your name and address]
[Date]
[Landlord’s or agent’s name and address]
Dear …
Re: Invalid rent increase at [your address]
I refer to the residential tenancy agreement that I signed on [date]. The term of this agreement is [number] months, beginning on [date]. The rent starting on [date] is shown on the agreement as $[amount] per week.
You have asked that I pay a rent increase.
I draw your attention to section 41(1) of the Residential Tenancies Act 2010, which states:
"The rent payable under a residential tenancy agreement may be increased only if:
(a) the tenant is given a written notice by the landlord or the landlord’s agent specifying the increased rent and the day from which it is payable, and
(b) the notice is given at least 60 days before the increased rent is payable."
Section 41 of the Act otherwise sets out the processes that a landlord must follow in seeking to increase a tenant’s rent.
[CHOOSE THE SCENARIO THAT APPLIES TO YOU AND DELETE THE OTHERS:]
[SCENARIO 1: rent increase notice not given in new agreement]
I have not received 60 days written notice of a rent increase. A rent increase notice is required to be given under section 41 even if a new tenancy agreement is signed by the tenant. Accordingly, I am not required to pay this increase.
[OR SCENARIO 2: rent increase during fixed term of less than 2 years]
I am currently in a fixed term and although the agreement notes that the rent may be increased, the new laws that have commenced on 31 October 2024 mean that my rent cannot be increased within 12 months after the start of the tenancy, nor can it be increased more than once within 12 months. 60 days notice must be given. I refer you to section 41(1A) of the Residential Tenancies Act. Accordingly, I am not required to pay this increase.
[OR SCENARIO 3: rent increase during fixed term of 2 years or more]
I am currently in a fixed term and although the agreement notes that the rent may be increased during the fixed term, a rent increase notice must still be given and can only occur once in any period of 12 months under section 41(1A).Therefore, my rent remains at the amount stated under the tenancy agreement.
[OR SCENARIO 4: rent increases multiple times in 12 months of an agreement]
I have already received a rent increase commencing on [date]. Under section 41(1A) of the Act, the rent in any residential tenancy agreement may only be increased once in any period of 12 months. Accordingly I am not required to pay this further increase.
[OR SCENARIO 5: rent increase in the first 12 months]
I signed my tenancy on [date]. According to section 41(1A), the rent may not be increased within 12 months after the start of the tenancy. Accordingly I am not required to pay this increase.
Yours sincerely,
[T Tenant]
