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RI-12-Legal-process-fixed-term-previous-increase

Based on your responses, your notice of rent increase might be invalid.  

A rental provider cannot increase the rent more often than the law allows. If you’re on a fixed term lease, your rental provider cannot increase the rent unless it says they can in your rental agreement. This is not a common term, so you should check whether it is written in your agreement or not. 

If you have received a notice of rent increase that might be invalid or think the new rent is excessive, you can challenge it by applying for a free rent assessment from Consumer Affairs Victoria (CAV). You must make this application within 30 days of receiving the notice. 

CAV will then send a written report to you and the rental provider. The report will include whether CAV has found that the rent is excessive. You can use this report to negotiate the rent with the rental provider and to apply to VCAT. 

If the rental provider does not want to negotiate, you do not agree with the report, or your notice might be invalid, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. If you are considering applying to VCAT, we recommend getting legal advice about your options.  

You have to apply to VCAT within 30 days of receiving the CAV report. If you do not apply within 30 days, you need to explain to VCAT why it took you longer than 30 days to apply and why the delay has not caused detriment to your rental provider. VCAT will decide whether to allow your application. 

VCAT has the power to order that: 

  • the proposed rent is excessive and for a period of time the rent cannot be higher than a certain amount, 
  • the rent increase is allowed, and you must pay the new amount from the date the increase comes into effect, 
  • the rent increase is invalid, and you continue paying your regular rent amount.  

If the notice is invalid or the proposed rent is too high, you should ask VCAT for an order that the rental provider refund any extra rent that you have already paid.  

Any decision made by VCAT must be followed. 

If you do not take any further steps to challenge the notice, the rent increase will start on the date set out in the notice. 

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RI-11-Legal-process-fixed-term-valid

  • If a rental provider wants to increase your rent, they must send you a valid notice of rent increase, and the proposed rent must not be excessive. 
  • During a fixed term lease, the rental provider can only increase the rent if it’s written in the rental agreement. The rental provider can increase rent when the fixed term ends, or at the start of a new fixed term agreement. They must still give you a notice of rent increase to increase the rent. 
  • If you have received a notice of rent increase that might be invalid or think the new rent is excessive, you can challenge a rent increase by applying for a free rent assessment from Consumer Affairs Victoria (CAV). You must make this application within 30 days of receiving the notice.  
  • CAV will then send a written report to you and the rental provider. The report will include whether CAV has found that the rent is excessive. You can use this report to negotiate the rent with the rental provider and to apply to VCAT.   
  • If the rental provider does not want to negotiate, you do not agree with the report, or your notice might be invalid, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. If you are considering applying to VCAT, we recommend getting legal advice about your options.  
  • Based on your responses, there do not appear to be reasons why your notice of rent increase may be invalid. You still have the option to negotiate with your rental provider about the rent and to apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. 
  • You have to apply to VCAT within 30 days of receiving the CAV report. If you do not apply within 30 days, you need to explain to VCAT why it took you longer than 30 days to apply and why the delay has not caused detriment to your rental provider. VCAT will decide whether to allow your application.  
  • If you do not take any further steps to challenge the notice, the rent increase will start on the date set out in the notice. 
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RI-10-Legal-process-fixed-term-invalid

Based on your responses, your notice of rent increase might be invalid. If a rental provider wants to increase your rent, they must send you a valid notice of rent increase, and the proposed rent must not be excessive. 

If you have received a notice of rent increase that might be invalid or excessive, you can challenge the increase by applying for a free rent assessment from Consumer Affairs Victoria (CAV). You must make this application within 30 days of receiving the notice. 

After applying for a rent assessment, a case officer from CAV will contact you. An inspector from CAV may also need to visit your home as part of the rent assessment. This will help them decide whether the rent is too high. If an inspector visits your home, this is your opportunity to show the inspector why the rent increase should not be allowed, for example by showing the inspector the state of the property. 

CAV will then send a written report to you and the rental provider. The report will include an outcome about whether the rent is excessive. You can use this report to negotiate the rent with the rental provider and to apply to VCAT.   

If the rental provider does not want to negotiate, you do not agree with the report, or your notice might be invalid, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. If you are considering applying to VCAT, we recommend getting legal advice about your options.  

You have to apply to VCAT within 30 days of receiving the CAV report. If you do not apply within 30 days, you need to explain to VCAT why it took you longer than 30 days to apply and why the delay has not caused detriment to your rental provider. VCAT will decide whether to allow your application.  

VCAT has the power to order that: 

  • the proposed rent is excessive and for a period of time the rent cannot be higher than a certain amount, 
  • the rent increase is allowed, and you must pay the new amount from the date the increase comes into effect, 
  • the rent increase is invalid, and you continue paying your regular rent amount.  

A rent increase notice may be invalid because: 

  • the rental provider increased rent during your fixed term rental agreement but there is nothing in the agreement letting them to do so,  
  • you have already had a rent increase in the last 12 months if your rental agreement started after 19 June 2019 or in the last 6 months if your rental agreement started before 19 June 2019, 
  • the new rent is excessive, 
  • the rent increase notice does not contain the correct information about how the rental provider calculated the increased rent, 
  • the rental provider did not give you at least 60 days’ notice before the rent increase started.  

If the notice is invalid or the proposed rent is too high, you should ask VCAT for an order that the rental provider refund any extra rent that you have already paid.  

Any decision made by VCAT must be followed. 

If you do not take any further steps to challenge the notice, the rent increase will start on the date set out in the notice. 

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RI-9-Legal-process-periodic-previous-increase

Based on your responses, your notice of rent increase might be invalid.  

A rental provider cannot increase the rent more often than the law allows. If your lease started before 19 June 2019, your rent can only be increased once every 6 months. If your lease started after 19 June 2019, your rent can only be increased once every 12 months. 

If you have received a notice of rent increase that might be invalid or think the new rent is excessive, you can challenge it by applying for a free rent assessment from Consumer Affairs Victoria (CAV). You must make this application within 30 days of receiving the notice. 

After applying for a rent assessment, a case officer from CAV will contact you. An inspector from CAV may also need to visit your home as part of the rent assessment. This will help them decide whether the rent is too high. If an inspector visits your home, this is your opportunity to show the inspector why the rent increase should not be allowed, for example by showing the inspector the state of the property. 

CAV will then send a written report to you and the rental provider. The report will include whether CAV has found that the rent is excessive. You can use this report to negotiate the rent with the rental provider and to apply to VCAT.   

If the rental provider does not want to negotiate, you do not agree with the report, or your notice might be invalid, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. If you are considering applying to VCAT, we recommend getting legal advice about your options.  

You have to apply to VCAT within 30 days of receiving the CAV report. If you do not apply within 30 days, you need to explain to VCAT why it took you longer than 30 days to apply and why the delay has not caused detriment to your rental provider. VCAT will decide whether to allow your application. 

VCAT has the power to order that: 

  • the proposed rent is excessive and for a period of time the rent cannot be higher than a certain amount, 
  • the rent increase is allowed, and you must pay the new amount from the date the increase comes into effect, 
  • the rent increase is invalid, and you continue paying your regular rent amount.  

If the notice is invalid or the proposed rent is too high, you should ask VCAT for an order that the rental provider refund any extra rent that you have already paid.  

Any decision made by VCAT must be followed. 

If you do not take any further steps to challenge the notice, the rent increase will start on the date set out in the notice. 

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RI-8-Legal-process-periodic-invalid

Based on your responses, your notice of rent increase might be invalid. If a rental provider wants to increase your rent, they must send you a valid notice of rent increase, and the proposed rent must not be excessive. 

If you have received a notice of rent increase that might be invalid or excessive, you can challenge the increase by applying for a free rent assessment from Consumer Affairs Victoria (CAV). You must make this application within 30 days of receiving the notice. 

After applying for a rent assessment, a case officer from CAV will contact you. An inspector from CAV may also need to visit your home as part of the rent assessment. This will help them decide whether the rent is too high. If an inspector visits your home, this is your opportunity to show the inspector why the rent increase should not be allowed, for example by showing the inspector the state of the property. 

CAV will then send a written report to you and the rental provider. The report will include whether CAV has found that the rent is excessive. You can use this report to negotiate the rent with the rental provider and to apply to VCAT.   

If the rental provider does not want to negotiate, you do not agree with the report, or your notice might be invalid, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. If you are considering applying to VCAT, we recommend getting legal advice about your options.  

You have to apply to VCAT within 30 days of receiving the CAV report. If you do not apply within 30 days, you need to explain to VCAT why it took you longer than 30 days to apply and why the delay has not caused detriment to your rental provider. VCAT will decide whether to allow your application.  

VCAT has the power to order that: 

  • the proposed rent is excessive and for a period of time the rent cannot be higher than a certain amount, 
  • the rent increase is allowed, and you must pay the new amount from the date the increase comes into effect, 
  • the rent increase is invalid, and you continue paying your regular rent amount.  

A rent increase notice may be invalid because: 

  • the rental provider increased rent during your fixed term rental agreement but there is nothing in the agreement letting them to do so,  
  • you have already had a rent increase in the last 12 months if your rental agreement started after 19 June 2019 or in the last 6 months if your rental agreement started before 19 June 2019, 
  • the new rent is excessive, 
  • the rent increase notice is not in the right form. The rental provider must use the ‘Notice of proposed rent increase’ form from CAV. 
  • the rent increase notice does not contain the correct information about how the rental provider calculated the increased rent, 
  • the rental provider did not give you at least 60 days’ notice before the rent increase started.  

If the notice is invalid or the proposed rent is too high, you should ask VCAT for an order that the rental provider refund any extra rent that you have already paid.  

Any decision made by VCAT must be followed. 

If you do not take any further steps to challenge the notice, the rent increase will start on the date set out in the notice. 

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RI-7-Legal-process-periodic-valid

  • If a rental provider wants to increase your rent, they must send you a valid notice of rent increase, and the proposed rent must not be excessive. 
  • You can still challenge a rent increase by applying for a free rent assessment from Consumer Affairs Victoria (CAV). You must make this application within 30 days of receiving the notice. 
  • After applying for a rent assessment, a case officer from CAV will contact you. An inspector from CAV may also need to visit your home as part of the rent assessment. This will help them decide whether the rent is too high. If an inspector visits your home, this is your opportunity to show the inspector why the rent increase should not be allowed, for example by showing the inspector the state of the property. 
  • CAV will then send a written report to you and the rental provider. The report will include whether CAV has found that the rent is excessive. You can use this report to negotiate the rent with the rental provider and to apply to VCAT. 
  • If the rental provider does not want to negotiate or you do not agree with the report, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. If you are considering applying to VCAT, we recommend getting legal advice about your options.  
  • Based on your responses, there do not appear to be reasons why your notice of rent increase may be invalid. You still have the option to negotiate with your rental provider about the rent and to apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. 
  • You have to apply to VCAT within 30 days of receiving the CAV report. If you do not apply within 30 days, you need to explain to VCAT why it took you longer than 30 days to apply and why the delay has not caused detriment to your rental provider. VCAT will decide whether to allow your application. 
  • If you do not take any further steps, the rent increase will start at the date set out on the notice. 
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RI-27-Legal-process-CAV-decision-excessive-invalid

Based on your responses, your notice of rent increase might be invalid. A rental provider must send you a valid notice if they want to increase your rent. Generally, Consumer Affairs Victoria (CAV) will only decide if the rent is excessive. Read on to understand the different processes. 

If CAV has found that the rent is excessive, you can use the report to negotiate with your rental provider. You can use the report’s recommendations to offer an affordable amount which is less than the proposed rent increase. 

If your rental provider refuses to negotiate, or your notice might be invalid, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. If you are considering applying to VCAT, we recommend getting legal advice about your options. 

You have to apply to VCAT within 30 days of receiving the CAV report. If you do not apply within 30 days, you need to explain to VCAT why it took you longer than 30 days to apply and why the delay has not caused detriment to your rental provider. VCAT will decide whether to allow your application.  

VCAT has the power to order that: 

  • the proposed rent is excessive and for a period of time the rent cannot be higher than a certain amount, 
  • the rent increase is allowed, and you must pay the new amount from the date the increase comes into effect, 
  • the rent increase is invalid, and you continue paying your regular rent amount.  

A rent increase notice may be invalid because: 

  • the rental provider increased rent during your fixed term rental agreement but there is nothing in the agreement letting them to do so,  
  • you already had a rent increase in the last 12 months if your rental agreement started after 19 June 2019 or in the last 6 months if your rental agreement started before 19 June 2019, 
  • the new rent is excessive, 
  • the rent increase notice is not in the right form. The rental provider must use the ‘Notice of proposed rent increase’ form from CAV. 
  • the rent increase notice does not contain the correct information about how the rental provider calculated the increased rent, 
  • the rental provider did not give you at least 60 days’ notice before the rent increase started.  

If the notice is invalid or the proposed rent is too high, you should ask VCAT for an order that the rental provider refund any extra rent that you have already paid.  

Any decision made by VCAT must be followed. 

If you do not take any further steps, the rent increase will start at the date set out on the notice. 

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RI-5-Legal-process-CAV-decision-excessive-valid

If Consumer Affairs Victoria (CAV) has found that the rent is excessive, you can use the report to negotiate with your rental provider. You can use the report’s recommendations to offer an affordable amount which is less than the proposed rent increase. 

If the rental provider does not want to negotiate, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. If you are considering applying to VCAT, we recommend getting legal advice about your options. 

You have to apply to VCAT within 30 days of receiving the CAV report. If you do not apply within 30 days, you need to explain to VCAT why it took you longer than 30 days to apply and why the delay has not caused detriment to your rental provider. VCAT will decide whether to allow your application. 

VCAT has the power to order that: 

  • the proposed rent is excessive and for a period of time the rent cannot be higher than a certain amount, 
  • the rent increase is allowed, and you must pay the new amount from the date the increase comes into effect, 
  • the rent increase is invalid, and you continue paying your regular rent amount.  

If the proposed rent is too high, you should ask VCAT for an order that the rental provider refund any extra rent that you have already paid.  

Any decision made by VCAT must be followed. 

If you do not take any further action, the rent increase will start at the date set out on the notice. 

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RI-26-Legal-process-CAV-decision-none-invalid

Based on your responses, your notice of rent increase might be invalid. If a rental provider wants to increase your rent, they must send you a valid notice of rent increase, and the proposed rent must not be excessive.  

If you do not agree with the Consumer Affairs Victoria (CAV) report or you think that your notice might be invalid, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. If you are considering applying to VCAT, we recommend getting legal advice about your options. 

You have to apply to VCAT within 30 days of receiving the CAV report. If you do not apply within 30 days, you would need to explain to VCAT why it took you longer than 30 days to apply and why the delay has not caused detriment to your rental provider. VCAT will decide whether to allow your application. 

VCAT has the power to order that: 

  • the proposed rent is excessive and for a period of time the rent cannot be higher than a certain amount, 
  • the rent increase is allowed, and you must pay the new amount from the date the increase comes into effect, 
  • the rent increase is invalid, and you continue paying your regular rent amount. 

A rent increase notice may be invalid because: 

  • the rental provider increased rent during your fixed term rental agreement but there is nothing in the agreement letting them to do so,  
  • you already had a rent increase in the last 12 months if your rental agreement started after 19 June 2019 or in the last 6 months if your rental agreement started before 19 June 2019, 
  • the new rent is excessive, 
  • the rent increase notice is not in the right form. The rental provider must use the ‘Notice of proposed rent increase’ form from CAV. 
  • the rent increase notice does not contain the correct information about how the rental provider calculated the increased rent, 
  • the rental provider did not give you at least 60 days’ notice before the rent increase started.  

If the notice is invalid or the proposed rent is too high, you should ask VCAT for an order that the rental provider refund any extra rent that you have already paid.  

Any decision made by VCAT must be followed. 

If you do not take any further steps to challenge the notice, the rent increase will start on the date set out in the notice. 

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RI-4-Legal-process-CAV-decision-none-valid

Based on your responses, CAV has not found your rent increase notice to be excessive. There also do not appear to be reasons why your notice of rent increase may be invalid. You still have the option to negotiate with your rental provider about the rent and to apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that the rent increase not be allowed. If you are considering applying to VCAT, we recommend getting legal advice about your options. 

You have to apply to VCAT within 30 days of receiving the CAV report. If you do not apply within 30 days, you need to explain to VCAT why it took you longer than 30 days to apply and why the delay has not caused detriment to your rental provider. VCAT will decide whether to allow your application.  

If you apply to VCAT because you consider that the rent increase was excessive, you should prepare evidence of why it was excessive. This should include information about the rent of similar properties near your home as well as information about the condition of the property. 

VCAT has the power to order that: 

  • the proposed rent is excessive and for a period of time the rent cannot be higher than a certain amount, 
  • the rent increase is allowed, and you must pay the new amount from the date the increase comes into effect, 
  • the rent increase is invalid, and you continue paying your regular rent amount. 

Even after you have applied to VCAT, you can still negotiate with your rental provider to try to agree on an affordable rent for your home. 

If VCAT finds the notice invalid or the proposed rent is too high, VCAT can order that the rental provider refund any extra rent that you have already paid.  

Any decision made by VCAT must be followed. 

If you do not take any further steps, the rent increase will start on the date set out in the notice.