Residential Tenancies Program: legislative changes
Overview of legislation changes to the Residential Tenancies Program that impact landlords and tenants.
Legislative changes to the Residential Tenancies Program. Changes come into effect 3 February 2023.
| Change | Details |
|---|---|
| Rent Increase Notice | A landlord can increase rent anytime, not just on the annual anniversary of when the tenant signed the lease. The landlord must give the tenant at least 4 months’ notice and only increase rent once every 12 months. For example, if a tenant signed a lease in April 2022, the landlord can increase the rent anytime from April 2023 onwards. A rent cap remains in place until 31 December 2023. For existing tenants, rent can only increase up to 2% each year. The rent cap applies to tenants who have a residential lease, including tenants who have a fixed-term tenancy (lease) and are signing a lease for an additional fixed-term in the same rental unit. Landlords need to give tenants notice of a rent increase in writing. The renting guide for tenants and landlords outlines the rules landlords need to follow when giving notice to increase the rent. |
| New form for tenants | Tenants can use Form C1 to end their tenancy (lease) early if their landlord gives them a Notice of Rent Increase to increase rent before their tenancy anniversary date. |
| Rent for different rental terms | A landlord can’t charge tenants different amounts for different rental terms. For example, they can’t charge a tenant a different amount for a year-to-year lease, month-to-month lease or a fixed-term tenancy (lease). |
| Subletting | If a tenant sublets their unit without their landlord’s permission, the landlord can end the tenant’s lease. |
| Landlords Entry Notice | A landlord must give a tenant 24 hours’ notice before entering the tenant’s unit, even if the tenant has given their notice to end the lease. A landlord can only enter a unit without notice if there’s an emergency. |
Questions about the changes
Residential Tenancies can answer questions about the changes to the acts and regulations.