Rent increases
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This information is a guide and should not be used as a substitute for professional legal advice.
Summary
In public housing, you either pay market rent or rebated rent. Market rent is the rate your home would rent for in the private rental market. It is set by an independent valuer at the start of your lease (officially called a rental agreement). Rebated rent reduces the market rent to a percentage of your income, to make your rent more affordable. To learn more about rebated rent, including how and how often it is assessed, and how you can challenge an assessment, see our page on public housing.
This page deals with market rent increases. If Homes Victoria wants to increase the market rent payable for your home, there are legal rules that it must follow about how, when and how often, including giving you a ‘notice of rent increase’ in the right way. If it does not follow these rules, then the increase is not legally valid, meaning the rent increase cannot go ahead.
If you think the rent increase is not valid or is excessive (too high), you can apply to Rental Dispute Resolution Victoria (RDRV) to challenge it.
RDRV is a free service that helps resolve rental disputes without needing to go to a formal hearing at the Victorian Civil and Administrative Tribunal (VCAT). However, if you and Homes Victoria cannot reach an agreement at RDRV, you may need to go to a formal hearing at VCAT. VCAT is similar to a court and hears many disputes in Victoria between renters and rental providers (such as Homes Victoria), who must follow its decisions. If Homes Victoria is being unreasonable, you may get a better outcome at VCAT.
If you challenge a rent increase, we recommend you pay the increased rent while the dispute is being resolved. Otherwise, you may go into ‘rent arrears’ (get behind in your rent), which, if VCAT decides the rent increase is valid and fair, may lead to a ‘notice to vacate’.
Even if you currently pay rebated rent, it is still important to challenge a market rent increase if there is a good reason. This is because if your rebate is ever cancelled or suspended, you could be charged the full market rent. By that time, it may be too late to challenge the increase.
What is public housing?
Public housing is a house, unit or apartment you rent from Homes Victoria, which is part of the Victorian Government’s Department of Families, Fairness and Housing (DFFH). Find out more on our page about public housing.
Steps for dealing with a market rent increase
If Homes Victoria tells you it wants to increase the market rent for your property, you should first check whether it has followed the rules for how, and how often, it can increase your rent and how it should tell you.
Even if Homes Victoria follows all these rules, you should then check whether the rent increase is excessive – for example, too high based on the condition of the property or compared to the rent for similar properties. If you think it is, you can take steps to challenge it.
Check if the rent increase is legally valid
Market rents for public housing are assessed once a year, generally in November. If Homes Victoria wants to increase the market rent, it must send you a notice of rent increase in writing, using the correct form and with at least 90 days notice. It must also follow the rules about how often an increase can occur.
Homes Victoria usually only considers market rent increases once every 12 months for all public housing renters. However, there are different rules depending on your type of lease (officially called a rental agreement) and its start date.
Under a periodic (month-by-month) lease
A lease that does not have an end date is ‘periodic’ (often called a ‘month-by-month’ lease). Homes Victoria mainly enters into periodic agreements with public housing renters.
For a periodic lease that started before 19 June 2019, the rent cannot be increased more than once every 6 months.
For a periodic lease that started on or after 19 June 2019, the rent cannot be increased more than once every 12 months.
Under a fixed-term lease
A lease that includes an end date is called a ‘fixed-term’ lease. The term could be 6 or 12 months but may also be long-term (5 years or more).
If your lease is for a fixed term, the rent cannot be increased at all during that term, unless the lease includes a rent increase clause, which says how or by how much the rent will be increased.
If your lease includes a rent increase clause
Even if your lease includes a rent increase clause, the rent still cannot be increased more often than the law allows, which is once every 12 months.
From 29 March 2021, if a new fixed-term lease includes a rent increase clause, the lease must also state either the amount of the increase or the method that will be used to figure out the amount, and that the increase will not be more than the amount calculated using the specified method.
Homes Victoria must use the official Consumer Affairs Victoria form from the Consumer Affairs Victoria website: Notice of proposed rent increase to renter of rented premises [Word].
The notice of rent increase can be given at any time. However, the rent increase cannot begin until:
- At least 90 days have passed since the notice was given (the minimum notice period), and
- The required minimum time since the last rent increase has passed (whether 6 months or 12 months)
Only one increase can be listed in each rent increase notice.
The notice of rent increase can be given to you:
- In person (between 8 am and 6 pm)
- By mail, or
- Electronically, if you have given consent to receive notices this way
For more information on consenting to have notices sent electronically, see our page about starting a tenancy.
The rent increase notice must include:
- The amount of the rent increase
- The method used to calculate the rent increase – this is only required if the lease (officially called a rental agreement) began on or after 29 March 2021
- Details about your right to apply to Consumer Affairs Victoria to have the proposed increase assessed, if you think it is too high
- The date the rent increase starts
If your lease (officially called a rental agreement) began on or after 29 March 2021, when you receive a notice of rent increase it must set out a method of rent increase. While the law does not list or define what methods can and cannot be used, common methods include:
- Consumer Price Index – see the Australian Bureau of Statistics website for the Consumer Price Index. If this is the method used to calculate the rent increase, then the amount of the increase should follow the Consumer Price Index calculation
- Statewide Renting Index – see the Victorian Government website for the Melbourne and regional rental reports
- Comparative market review or analysis
The rent increase amount should match the relevant method of rent increase used in the notice and be clear about how the rent amount was determined. For example, if the method used to calculate the increase was the Consumer Price Index – All Groups Melbourne (quarterly release), then the increase should follow this amount at the time the notice of increase was given.
Homes Victoria should not give a notice of rent increase that is more than the recommendation by its annual independent valuer.
If you receive a rent increase notice and want to challenge it, you can do your own research and collect evidence for Rental Dispute Resolution Victoria (RDRV) or VCAT that shows whether Homes Victoria’s review is accurate and reasonable.
If Homes Victoria does not follow these rules, you can challenge the validity of the rent increase notice at Rental Dispute Resolution Victoria (RDRV).
If you and Homes Victoria do not reach an agreement through RDRV, you can take the dispute to a formal VCAT hearing. VCAT will look at everyone’s evidence, apply the law and make a final decision.
See the information on this page about how to challenge the rent increase at RDRV.
Note: We do not recommend you ignore a rent increase. If you pay market rent, we recommend that you pay the increase if the start date of the proposed increase has arrived, even if you want to challenge it at RDRV or VCAT. This is because if VCAT later finds that the rent increase is legally valid, you will have gone into rent arrears (fallen behind in your rent), which may eventually lead to a notice to vacate. See our pages on overdue rent and notices to vacate and eviction.
Here’s what you can do next
- If you don’t think the rent increase is valid, talk to your housing officer at Homes Victoria. A conversation can sometimes help resolve an issue. If you agree to anything, get it in writing
- If don’t reach an agreement with Homes Victoria, find out more on this page about challenging the rent increase at Rental Dispute Resolution Victoria (RDRV)
- If you need advice or support, see the information on this page about how to get help
Take action if you think the rent increase is too high
If you think the proposed rent increase is too high, you should first get a free rent assessment from Consumer Affairs Victoria and try to negotiate with Homes Victoria. If Homes Victoria is unwilling to negotiate, you can apply to Rental Dispute Resolution Victoria (RDRV) to resolve the issue.
If you think the rent increase is too high, you should first apply to Consumer Affairs Victoria to assess it. This service is free.
You must apply in writing within 30 days of receiving the notice of an increase.
There are 2 ways to apply:
- Use the ‘Rent increase investigation’ section on the last page of the official notice of rent increase that Homes Victoria gave you
- Use the Consumer Affairs Victoria online form: Request for rental assessment
What happens at the assessment
A Consumer Affairs Victoria inspector may contact you to arrange to visit your home, or they may be able to review the rent increase without visiting you. For the assessment, the inspector will look at:
- The proposed rent compared to the current rent
- Whether the rate of the proposed rent increase is higher than the Consumer Price Index – All Groups Melbourne (quarterly release). The latest quarterly release for the Consumer Price Index – All Groups Melbourne is 4.6% (March 2026). See Table 1 CPI: All Groups, Index numbers and Percentage change on the Australian Bureau of Statistics website
- If the proposed increase would make your rent more than it is for similar properties in the area. Note: This is a market comparison – the rent is compared to what private renters are paying for similar properties, not to what other public housing tenants are paying nearby
- Any relevant similarities and differences with similar rental properties in the area, including:
- Location
- Facilities or services provided by Homes Victoria
- Size of land and dwelling
- State of repair and general condition
- Number of bedrooms
- What costs and charges you pay and what Homes Victoria pays for things such as electricity and other utilities
- Any goods and services or facilities that you provide rather than Homes Victoria, such as garden maintenance, or appliances or fittings
- Any improvements or modifications you have made to the property, with Homes Victoria’s consent or agreement
- Any change in the rent and condition of the property or facilities since the start of your lease (officially called a rental agreement) and since the last rent increase
- The number of rent increases (if any) in the last 24 months and the amount and timing of each of those increases
- Any valuation of the property
- Whether Homes Victoria has received a VCAT order, an infringement notice from Consumer Affairs Victoria, or any other relevant court order because it breached a duty under Victoria’s rental laws. For a list of landlord duties, see our page about public housing
- Whether the property is public or community housing
Consumer Price Index
While the Consumer Price Index may be considered when deciding whether a rent increase is excessive, there is no set formula for how much weight it must be given compared with other factors.
The Consumer Price Index amount should be the relevant published Consumer Price Index – All Groups Melbourne (quarterly release) at the time the notice of rent increase was given, not the time of any later hearing.
Consumer Price Index data is released quarterly by the Australian Bureau of Statistics in March, June, September and December. For the latest quarterly release of the Consumer Price Index – All Groups Melbourne, see Table 1 CPI: All Groups, Index numbers and Percentage change on the Australian Bureau of Statistics website.
Prepare for the assessment
During the inspection, you should point out anything that supports your claim that the rent increase is excessive. If the inspector is doing the review without visiting you, you should contact them to give them this information. You may wish to point out:
- The state of repair of the property
- Problems with the location
- The rents for similar properties in your area
- The cost of any goods and services or facilities that you provide rather than Homes Victoria – for example, garden maintenance, or appliances or fittings
- Any improvements or modifications you have made to the property, with Homes Victoria’s consent or agreement
- Any change in the rent and condition of the property or facilities since the start of your lease and since the last rent increase
Rent assessment report
Once the inspector has carried out an investigation, you and Homes Victoria will receive a written report.
If the inspector’s report says that the rent increase is too high, they may try to negotiate a fairer rent with Homes Victoria. You can also do this yourself – see the information on this page about how to negotiate with Homes Victoria.
Even if the inspector’s report says the rent increase is not too high, you can still negotiate directly with Homes Victoria, and you can still apply to Rental Dispute Resolution Victoria (RDRV) to try to reach an agreement. However, it will be more difficult to succeed without the rent assessment report, or if the report says the increase is not too high.
It is worth trying to negotiate with Homes Victoria about the rent increase.
If you have a Consumer Affairs Victoria rent assessment report that says the increase is too high, or you have a report from a real estate agent about rents in the area, or have done your own research, you can also use this to try to negotiate. If you do come to an agreement, put it in writing, make sure you both sign it and keep a copy.
If Homes Victoria does not agree to withdraw the notice or reduce the amount of the rent increase, you can apply to Rental Dispute Resolution Victoria (RDRV) to resolve the dispute. If you have a Consumer Affairs Victoria rent assessment report, you can attach it to your RDRV application. Find out more on this page about challenging the rent increase at RDRV.
Even if Homes Victoria is willing to negotiate, it can still be worth applying to RDRV. RDRV gives you the benefit of negotiating with Homes Victoria with an independent mediator present. If you reach an agreement, you can also get it formalised as a VCAT order so it is enforceable. For more about the process of going through RDRV, including tips for drafting agreements, see our page about going to RDRV (Rental Dispute Resolution Victoria).
Note: If you pay market rent but are still experiencing financial hardship, it may help to discuss your circumstances with Homes Victoria and refer to its policies. You can also raise your circumstances and Homes Victoria’s policies in discussions at RDRV. However, if the dispute goes to VCAT, VCAT will generally not consider Homes Victoria’s internal policies when making a decision.
If you are not happy with how Homes Victoria staff have behaved during your negotiations, you can make a complaint. Learn more on our page on public housing.
Here’s what you can do next
- Get a Consumer Affairs Victoria rent assessment: Request for rental assessment
- Try negotiating with Homes Victoria. If you agree to anything, get it in writing
- If negotiating doesn’t work or if you want to negotiate with an independent mediator present, see the information on this page about challenging the rent increase at Rental Dispute Resolution Victoria (RDRV)
- If you need advice or support, see the information on this page about how to get help
Challenge the rent increase at Rental Dispute Resolution Victoria (RDRV)
If you believe the notice of rent increase is not legally valid (Homes Victoria has not followed the rules) or is excessive (too high), you can challenge it at RDRV. If you want to challenge the notice as not legally valid, the law requires that you do this as part of challenging the increase as too high.
RDRV is a free service that helps resolve rental disputes without needing to go to a formal hearing at VCAT. An RDRV resolution coordinator guides discussion between you and Homes Victoria as you try to reach an agreement. The resolution coordinator must remain neutral and independent and not give legal advice or make any decisions for you. Find out more on our page about going to RDRV (Rental Dispute Resolution Victoria).
If you and Homes Victoria cannot reach an agreement at RDRV, the resolution coordinator can refer the dispute to VCAT for a formal hearing.
When challenging a rent increase as too high, you must apply to RDRV within 30 days of receiving a Consumer Affairs Victoria rent assessment report. See the information on this page about how to get a Consumer Affairs Victoria rent assessment.
If you did not apply to Consumer Affairs Victoria for a rent assessment, and 30 days have passed since you have received the notice of rent increase, you can no longer request a Consumer Affairs Victoria rent assessment report. You can still apply to RDRV if you think the proposed rent increase is too high, but you may be in a more difficult position if the dispute ends up going to VCAT. VCAT will want to know why you didn’t request a Consumer Affairs Victoria rent assessment.
If you want to challenge the legal validity of a rent increase notice after you have started paying the increased rent, you can do this through claiming compensation from Homes Victoria. See the information on this page about what to do if you realise your rent increase is invalid after it starts.
You can apply to Rental Dispute Resolution Victoria (RDRV) online using myRDRV, or you can submit your application by email, by post or in person at an RDRV office.
If you have a Consumer Affairs Victoria rent assessment report, you should attach it to your application.
Once you have applied to RDRV, you should give Homes Victoria a copy of your application and any documents or evidence you attached to it.
An RDRV resolution coordinator will review your application and contact you to discuss your options. They may also contact Homes Victoria to understand its side of the dispute.
If the resolution coordinator decides the dispute should progress through RDRV, they will explain the next steps to you. They will also let you know if you need to provide further documents or evidence.
For more on applying to RDRV, see our page about going to RDRV (Rental Dispute Resolution Victoria).
It is important to organise your documents and evidence before discussions with Homes Victoria at Rental Dispute Resolution Victoria (RDRV).
You may have already attached some documentation to your application. Or you may have applied to RDRV with just your details and some basic information about the dispute. The resolution coordinator will let you know if you need to provide further documents or evidence. Homes Victoria may also ask you to provide evidence during the RDRV session, and you can ask it to do the same.
The more clearly organised your documents are, the easier and more efficient your negotiations will be, and the more likely the dispute will be resolved.
Your documents and evidence may include:
- Your Consumer Affairs Victoria rent assessment report, if you have one
- Photos or videos showing the condition of the property or problems with the location, including any changes since the start of your lease (officially called a rental agreement) and since the last rent increase
- Reports from real estate agents about rents for similar properties in the area, or your own research
- The cost of any goods and services or facilities that you provide rather than Homes Victoria – for example, garden maintenance, or appliances or fittings
- Details about any improvements or modifications you have made to the property, with Homes Victoria’s consent or agreement
- Documentation showing the number of rent increases (if any) in the last 24 months and the amount of each of those increases
- Evidence of any VCAT orders or court orders Homes Victoria has received for breaching a duty under Victoria’s rental laws, or of any other relevant breaches by Homes Victoria. For a list of Homes Victoria’s duties, see our page on public housing
- Whether the rate of the proposed rent increase is higher than the Consumer Price Index – All Groups Melbourne (quarterly release). The latest quarterly release for the Consumer Price Index – All Groups Melbourne is 4.6% (March 2026). See Table 1 CPI: All Groups, Index numbers and Percentage change on the Australian Bureau of Statistics website
- Any valuation of the property
You can copy, scan or take photos, but make sure everything is clear enough to read.
For more on providing documents and evidence at RDRV, see our page about going to RDRV (Rental Dispute Resolution Victoria).
After the resolution coordinator has spoken separately with you and Homes Victoria, they may organise a facilitated discussion through Rental Dispute Resolution Victoria (RDRV), where you can both try to negotiate an agreement.
The facilitated discussion usually takes place by phone, videoconference or email. The resolution coordinator may bring you and Homes Victoria together to talk, or they may act as a go-between, passing on claims, offers and options so you don’t need to speak to each other directly.
If the resolution coordinator believes a more structured, face-to-face meeting might be the best option to resolve the dispute, they may invite you both to a formal mediation session.
Because the resolution coordinator cannot give legal advice, it is important that you understand your legal rights before going into a discussion or mediation session at RDRV. You can also organise for a lawyer or advocate to represent you. Find out more on this page about getting help.
If you reach an agreement at RDRV
If you and Homes Victoria reach an agreement at RDRV, you should put it in writing to make sure everyone follows through on their commitments.
You can ask for your written agreement to be formalised in a consent order issued by VCAT, which is a legal document to confirm an agreement between parties. Or you can write a private settlement agreement, which is a contract between yourselves.
For more on what to do if you reach an agreement, and tips for drafting agreements, see our page about going to RDRV (Rental Dispute Resolution Victoria).
If you do not reach an agreement at RDRV
You do not have to reach agreement at RDRV. If you and Homes Victoria cannot resolve all the issues through RDRV, or if either side does not wish to continue with RDRV, you can ask the resolution coordinator to refer the dispute to VCAT for a formal hearing.
Here’s what you can do next
- Apply to RDRV to challenge the rent increase – see our page on going to RDRV (Rental Dispute Resolution Victoria)
- Get your documents and evidence together
- If you need advice or support, see the information on this page about how to get help
If the dispute goes to a formal hearing at VCAT
When there is a dispute between a renter and a rental provider (such as Homes Victoria), VCAT can make the final decision. It is not a court but its decision must be followed.
If the dispute with Homes Victoria is not resolved at Rental Dispute Resolution Victoria (RDRV), it may go to a formal hearing at VCAT. The resolution coordinator will help you understand what to expect and get yourself organised. VCAT also has information to help you prepare for a hearing.
There may be a VCAT application fee, but you are likely to be eligible for a fee waiver, which means you won’t have to pay it. If you are required to pay a fee, you can ask VCAT to consider reimbursing you. For more on VCAT fees, see our page about going to VCAT.
While you may feel stressed about the hearing, VCAT is less formal than a court and you can get help from Tenants Victoria and other organisations. This page has information on getting help.
You can also watch our step-by-step video on going to VCAT.
VCAT will let you know the time, date and location of the hearing. The hearing may take place in person, by phone (teleconference) or by videoconference.
Hearings about rent increases are usually held within 4 weeks of you applying to Rental Dispute Resolution Victoria (RDRV).
If you need to change the date or format of the hearing
If you cannot attend the hearing, you may be able to change the date. Call VCAT on 1300 018 228 or use VCAT’s application form to change a hearing date.
If you want to request a different format for the hearing – for example, if the hearing is going to be by video but you would prefer to attend by phone – you can call VCAT on 1300 018 228 or email renting@courts.vic.gov.au.
You can also let the resolution coordinator know about any dates you are unavailable or your preferred format for the hearing, or you can note these in your RDRV application. However, it will always be up to VCAT to approve these requests.
Before the VCAT hearing, you and Homes Victoria can continue trying to reach an agreement, even outside of Rental Dispute Resolution Victoria (RDRV).
If you reach an agreement, you can ask the resolution coordinator to organise for it to be formalised in a consent order issued by VCAT, which is a legal document to confirm an agreement between parties. Or you can write a private settlement agreement, which is a contract between yourselves, and ask the resolution coordinator to withdraw the VCAT case. Either way, you will not need to attend a hearing.
Find out more about what to do if you reach an agreement on our page on going to RDRV (Rental Dispute Resolution Victoria).
If you and Homes Victoria tried to resolve the dispute at Rental Dispute Resolution Victoria (RDRV) before going to VCAT, anything that was said or done at RDRV cannot be used as evidence at VCAT unless everyone agrees in writing. For example, if Homes Victoria admits during an RDRV discussion that the rent increase is too high, or if you agree that there are properties for similar rents in the area, these statements cannot be used as evidence at VCAT.
If you submitted documents, photos or videos as part of your evidence for RDRV, you will not need to submit these again to VCAT. However, you may need to provide further documents or evidence for the hearing.
Before the hearing, you should make sure Homes Victoria and VCAT have a copy of any documents or evidence you will use at the hearing. In some situations, the resolution coordinator may help to ensure your documents are ready for the hearing. See more on this page about the types of documents and evidence you might use to support your claim. The VCAT website also has tips on preparing evidence.
Homes Victoria must also make sure you have a copy of any documents or evidence it will use at the hearing. If it presents evidence at the hearing that you have not seen, you can ask VCAT to reschedule (adjourn) the hearing so you have time to look at the new evidence. While it may not always be necessary to adjourn the hearing, it can be helpful in more complex disputes.
To prepare for the hearing, get all your evidence together and make a few brief notes outlining what you want to say. Being organised is the key to presenting a good case. For more information on getting ready, see our page about going to VCAT.
Protecting your personal information
In some circumstances, it may be necessary to share personal information relating to issues like trauma, family violence or your mental or physical health, or that of another household member. If this applies to you, you can raise this with VCAT and ask that the information be restricted under the Open Courts Act 2013 (Vic). This usually means that your personal information will be anonymous and not made public. It will be up to VCAT to decide if this is appropriate.
If you have any concerns about providing personal information to VCAT after going through RDRV, raise them with the resolution coordinator.
At VCAT the person who hears and decides on your case is called a member. The VCAT member will listen to each side, review any evidence and make a decision that resolves the dispute.
What VCAT will consider when deciding if the rent increase notice is valid
When deciding whether the rent increase notice is legally valid, the VCAT member will check:
- If the notice was in the correct form
- If it was given to you the right way
- If it gave you at least 90 days notice before the rent increase takes effect
- Whether Homes Victoria used a recognised and lawful method to calculate the rent increase (if applicable)
- Whether the notice correctly states the amount of rent you currently pay and, if based on the chosen method (when applicable), accurately states the increased amount
What VCAT will consider when deciding if the rent increase is too high
When looking at whether the rent increase is too high, the VCAT member will look at:
- The proposed rent compared to the current rent
- Whether the rate of the proposed rent increase is higher than the Consumer Price Index – All Groups Melbourne (quarterly release). The latest quarterly release for the Consumer Price Index – All Groups Melbourne is 4.6% (March 2026). See Table 1 CPI: All Groups, Index numbers and Percentage change on the Australian Bureau of Statistics website
- If the proposed increase would make your rent more than it is for similar properties in the area. Note: This is a market comparison – the rent is compared to what private renters are paying for similar properties, not to what other public housing tenants are paying nearby
- Any relevant similarities and differences with similar rental properties in the area, including:
- Location
- Facilities or services provided by Homes Victoria
- Size of land and dwelling
- State of repair and general condition
- Number of bedrooms
- What costs and charges you pay and what Homes Victoria pays for things such as electricity and other utilities
- Any goods and services or facilities that you provide rather than Homes Victoria, such as garden maintenance, or appliances or fittings
- Any improvements or modifications you have made to the property, with Homes Victoria’s consent or agreement
- Any change in the rent and condition of the property or facilities since the start of your lease (officially called a rental agreement) and since the last rent increase
- The number of rent increases (if any) in the last 24 months and the amount and timing of each of those increases
- Any valuation of the property
- Whether Homes Victoria has received a VCAT order, an infringement notice from Consumer Affairs Victoria, or any other relevant court order because it breached a duty under Victoria’s rental laws. For a list of Homes Victoria’s landlord duties, see our page on public housing
- Whether the property is public or community housing
Consumer Price Index
While the Consumer Price Index may be considered when deciding whether a rent increase is excessive, there is no set formula for how much weight it must be given compared with other factors.
The Consumer Price Index amount should be the relevant published Consumer Price Index – All Groups Melbourne (quarterly release) at the time the notice of rent increase was given, not the time of any later hearing.
Consumer Price Index data is released quarterly by the Australian Bureau of Statistics in March, June, September and December. For the latest quarterly release of the Consumer Price Index – All Groups Melbourne, see Table 1 CPI: All Groups, Index numbers and Percentage change on the Australian Bureau of Statistics website.
What happens if you don’t have a Consumer Affairs Victoria rent assessment report
If you don’t have a Consumer Affairs Victoria rent assessment report, or you did not request one on time, the VCAT member will first decide whether you have a reasonable excuse for not getting a report or for the delay in asking for one.
If they accept that you have a reasonable excuse, you will need to show your own evidence at the hearing that the rent increase is excessive, and the VCAT member will make a decision based on that.
If they do not accept your excuse for not having a Consumer Affairs Victoria rent assessment report, this could mean your rent goes up under a legally valid notice. For this reason, we strongly recommend you request the report and do so on time.
The VCAT member usually makes a decision, called an order, on the day of the hearing. The member will give the order verbally on the day and in writing either on the day or soon afterwards. If you don’t understand the order on the day, ask the member to explain it to you again.
If the VCAT member finds that the notice of rent increase is invalid, they will order that the rent increase cannot go ahead, and Homes Victoria will need to issue a new notice to restart the process.
If you have already paid extra rent under an invalid notice, the VCAT member may also order Homes Victoria to refund you any overpaid amount.
If the VCAT member finds that the notice of rent increase is valid, they will then decide whether the amount of the increase is excessive or not.
If the VCAT member decides the rent increase is excessive and sets the rent to a lower amount or refuses to allow the increase, make sure you ask them to order Homes Victoria to refund any rent that you have overpaid.
If the VCAT member decides that the amount of the rent increase is fair, and you want to stay at the property, you will need to pay the increase from the start date listed on the original notice, but only if you are paying market rent and not rebated rent.
If you pay market rent, and the date of the rent increase has arrived, you should pay the extra amount, even if you are going to challenge it.
If you do not pay the proposed increase, and VCAT later decides that the increase is valid and/or not too high, you may end up in rent arrears (overdue in your rent payments), which can lead to a notice to vacate. See our pages on overdue rent and notices to vacate and eviction.
If VCAT decides the rent increase is not valid or is too high, it should order Homes Victoria to refund the additional rent to you.
If you are paying market rent and you are considering ending your lease (officially called the rental agreement) because of the increase, we recommend you seek advice first. Tenants Victoria and other organisations can help. See the information on this page about how to get help. See also our page on ending or breaking your lease.
You can also consider Tenants Victoria’s free financial counselling service.
Here’s what you can do next
- Watch our step-by-step video on going to VCAT
- If you have already tried to resolve the dispute at RDRV, talk to the resolution coordinator about providing documents and evidence for the VCAT hearing
- Get any further documents and evidence together and make copies for Homes Victoria and VCAT
- Make notes about what you want to say at the hearing
- If you need assistance, see the information on this page about getting help
If you realise your rent increase is invalid after it starts
You might only realise a past rent increase notice was legally invalid months or even years later. If you think a notice of rent increase you received was invalid, check the requirements for a valid notice.
If you do not have a copy of your market rent increase notices, you should request in writing a copy of these notices and your rent ledger from Homes Victoria.
If a notice is invalid, the law says it has no effect. This means you should be entitled to a full refund of the extra rent you paid. You may apply to Rental Dispute Resolution Victoria (RDRV) to challenge the notice and get a refund of the extra rent. However, if you do not reach an agreement with Homes Victoria at RDRV and the dispute goes to a formal VCAT hearing, VCAT treats refund requests as compensation claims, which may reduce the amount you get back, depending on your circumstances.
VCAT may consider:
- How long it has been since the rent increase started
- How long you have known about the rent increase being invalid
- Whether a full or partial refund should be ordered as compensation
If you think you have received an invalid rent increase notice, get advice as soon as possible about asking for a refund or making a compensation claim. Tenants Victoria and other organisations can help. See the information on this page about how to get help. See also our page on claiming compensation.
Check past rent increases if you get a notice to vacate for rent arrears
If you receive a notice to vacate from Homes Victoria for rent arrears (because you are 14 days or more overdue in your rent), it is important to check all your rent increase notices from the past 6 years. If any of those notices are legally invalid, then the current notice to vacate may also be incorrect or invalid, because you may not actually be in rent arrears or the amount may be wrong. This means that VCAT may have to dismiss the notice to vacate at the possession order hearing.
Similarly, if you are paying rebated rent and believe you do not owe the full amount claimed, you can ask VCAT to adjourn (delay) the possession order hearing until the rent rebate issue is resolved. This may be because the market rent increase was invalid, or your rebate was wrongfully cancelled in the past, and so the rent owed has not been correctly calculated.
For more information, see our pages on notices to vacate and eviction and public housing.
Get help and other resources
If you need support to respond to a rent increase, help is available.
Tenants Victoria services
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Social Housing and Rooming House Priority Line
For Victorian renters in public housing, community housing and rooming houses.
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Live Web Chat
For all Victorian renters.
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Financial counselling
For all Victorian renters.
Other organisations
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Victorian Public Tenants Association
For Victorians who live in public housing or are on the wait list.
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Anika Legal
For Victorian renters who cannot afford a private lawyer.
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Victoria Legal Aid
For all Victorians.
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Federation of Community Legal Centres
For all Victorians.
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Tenancy Plus
For Victorian renters in public and community housing.
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Consumer Affairs Victoria
For all Victorians.
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Rental Dispute Resolution Victoria (RDRV)
For all Victorians.
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Victorian Civil and Administrative Tribunal (VCAT)
For all Victorians.
There are step-by-step guides, self-help tools and other resources to assist you with rent increases.
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Dear Landlord self-help tool
Dear Landlord is a free online self-help tool by Justice Connect, which can help you understand your rights, guide you through your options, and help you take action, including if you have received a notice of rent increase.
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Step-by-step video on going to VCAT
This Tenants Victoria video walks you through the entire VCAT process – from gathering the necessary documents to understanding what happens during a hearing.
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Getting ready for a VCAT hearing
VCAT takes you through the steps of preparing for a VCAT hearing.
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Consumer Affairs Victoria website
Consumer Affairs Victoria has informative webpages about rent increases.
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Calculate your rent
Consumer Affairs Victoria has a calculator to help you work out the rent you pay daily, weekly, fortnightly, monthly, 6-monthly and yearly.
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HousingVic website on public housing
The Department of Families, Fairness and Housing’s HousingVic website has more information about public housing, including moving out of your property.
The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of renters and rental providers (such as Homes Victoria) in numbered sections.
The sections in this list relate to rent increases in public housing. Click on a link to see more about the section. Note: Depending on whether your lease (officially called a rental agreement) was signed before 2021 (or before 2019), certain sections may not apply.
- Section 44 – Rent increases
- Section 45 – Renter may complain to Consumer Affairs Victoria about excessive rent
- Section 46 – Application to VCAT about excessive rent
- Section 47 – What can VCAT order?
- Section 48 – VCAT can order refund of rent
- Section 452 – General applications to VCAT
- Section 506 – Service of documents
The Residential Tenancies Regulations 2021 provide more detail and definitions, and specify updates to the Residential Tenancies Act.
Homes Victoria policies
Homes Victoria also has policies (rules) that set out its obligations to assess issues and communicate respectfully with you to try to resolve them. It must follow these policies.
These Homes Victoria operational guidelines outline the processes staff must follow when dealing with rent increases:
- Rent setting operational guidelines – includes policies and procedures for managing rental rebates
- Tenancy management operational guidelines – includes policies and procedures for managing rental arrears
If you wish to make a complaint about Homes Victoria, see our page about public housing.