“Is my landlord allowed to raise my rent during my fixed-term lease agreement to cover the cost of an essential repair? My stove was broken when I moved into the property, and now the owner wants to increase my weekly rent by $10/week to cover the cost of the repair.” Tenant, NSW
We asked Mint360property Senior , Nancy Vieria for her advice.
“If you are in a fixed term agreement, the rent cannot be increased during your tenancy unless there is a specific clause allowing for rent increases during this time,” Nancy said.
“The landlord would not be permitted to refrain from repairing the stove, as this is deemed an urgent repair.”
Nancy said the landlord would only be able to increase the rent at the end of the fixed term agreement by giving 60 days’ notice in writing.
A fixed-term agreement is for a specified period (e.g. 6 months). A periodic agreement is one where the fixed term has expired or no fixed term is specified.
Correct notice of rent increase
The landlord/agent must give you 60 days written notice of a rent increase. The notice must specify:
- the increased rent
- the day from which the increased rent applies.
If the landlord/agent posts the notice, they must allow an extra 4 working days for delivery.
Even if details of the rent increase are set out in your tenancy agreement, you must still get 60 days written notice before the rent can be increased.