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.