WA Rent Increase Rules: The 12-Month Rule Every Landlord Must Follow

Since July 2024, WA landlords generally cannot raise the rent more than once every 12 months. The rule applies to periodic tenancies, fixed-term leases, and renewals. A narrow exception applies to increases already written into fixed-term agreements signed before 29 July 2024: those increases can continue until that agreement ends, and the 12-month interval applies on renewal. Getting the timing or notice wrong doesn't just delay the increase; it can void it entirely.

The 12-Month Frequency Cap

Under the Phase One reforms to the Residential Tenancies Act 1987, rent increases are capped at one per 12-month period. The clock starts from either the tenancy commencement date or the date the last increase took effect, whichever is later.

Before these reforms, rent increases could generally occur once every six months. A fixed-term tenancy also had to specify the increase or how it would be calculated. The reform extended the minimum interval to 12 months.

For a current fixed-term lease, rent can only be increased during the term if the agreement states the amount or how it will be calculated. A reference to "market rent" is not a sufficiently clear calculation method.

Notice Requirements: Form 10

For rent not calculated by tenant income, you must serve the tenant with a Form 10 (Notice to Tenant of Rent Increase) giving at least 60 days' written notice before the increase takes effect. Use Form 11 if the rent is calculated by tenant income and the basis of calculation changes. The notice must state the new rent amount and the date the increase begins.

Using the correct prescribed form matters. A rent increase communicated by text message, email, or a non-prescribed letter doesn't satisfy the statutory requirements and can be challenged by the tenant.

What Counts as a Valid Increase

The RTA doesn't set a numerical cap on how much you can raise the rent, but a tenant can apply to the Magistrates Court to seek a rent reduction or challenge a proposed increase. The magistrate considers comparable rents, the property's estimated value and condition, upkeep and services, the value of contents, and other relevant matters.

The 12-month rule applies to the tenancy, not the tenancy agreement. If a fixed-term lease expires and you sign a new one with the same tenant at a higher rent, that counts as a rent increase and must comply with the 12-month interval from the last increase.

Common Timing Mistakes

The most frequent error: raising the rent when a fixed-term lease renews, without checking when the last increase occurred. If the tenant moved in 10 months ago on a 10-month lease, you can't increase the rent at renewal — two more months must pass.

Another pitfall: backdating the effective date of the increase. The 60-day notice period runs from service of the Form 10, not from the date you write it. If you hand-deliver the notice on 1 March, the earliest the increase can take effect is 30 April. Post the notice and allow extra days for delivery.

Tenant Rights to Challenge

Tenants who believe a rent increase is excessive can apply to the Magistrates Court to have it reviewed. They must apply within 30 days of the rent increase notice.

Tenants can also lodge a Form 12 application in the Magistrates Court, though this is less common for rent increase disputes than for repair or bond matters.

Practical Steps for Landlords

Keep a rent history log for each tenancy: the commencement date, each rent amount, each increase date, and a copy of the Form 10 served. When planning an increase, check the log first to confirm at least 12 months have passed since the last one.

File your copy of the Form 10 with proof of service. For example, keep a dated record of personal delivery or evidence of ordinary post; allow time for postal delivery.

Our WA Rental Minimum Standards compliance guide covers the full pre-tenancy and during-tenancy compliance workflow, including the forms and timelines you need to manage rent increases alongside your other statutory obligations.

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