- 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.
