Housing and Tenancy

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Rent

Rent is the amount paid by a tenant to a landlord to occupy the rented premises (s 3).

When and how can the rent be increased?

Landlords may only increase the rent once every 6 months in respect of periodic leases and are unable to increase during a fixed term (unless the lease permits it) (s 44). RMOs may only increase the rent once every 6 months (s 101(5A)).

What can the tenant do about rent increases?

The landlord must give 60 days notice of any proposed rent increase. If the tenant considers the increase excessive, he or she must request Consumer Affairs Victoria ('the Director') to investigate the increase within 30 days of receiving the notice of increase (s 45).

After investigating, the Director must prepare a report. Where the tenant considers the rent increase excessive, he or she must apply to VCAT for an order to that effect within 30 days of receiving the Director's report (s 46).

Note: it has been suggested that the Director may refuse to prepare a report if they find that the existing rent is lower than the market rent.