Rent Increase Notice WA: Complete Guide for Landlords

Raising rent on your WA investment property? The rules changed significantly in July 2024 with new limits on how often you can increase rent. This guide covers the key WA rules for preparing a rent increase notice — and the common mistakes that can invalidate a notice.

If you are self-managing your rental property and want to understand the full legal framework — not just the basics — this is the guide for you. Every legal claim in this article is verified against the actual text of the Residential Tenancies Act 1987 (WA) and the official Landlord’s Guide published by Consumer Protection WA.

The New Rules: 2024 Changes

The Residential Tenancies Amendment Act 2024 changed rent increase rules from 29 July 2024. The most important change: you can now only increase rent once every 12 months, down from once every 6 months for periodic tenancies.

Before July 2024	After July 2024
Increase every 6 months (periodic)	Increase only once every 12 months
Increase every 6 months (fixed — if amount or method in agreement)	Same — once every 12 months (if amount or method in agreement)
60 days notice required	60 days notice (unchanged)

Key point: If your tenant’s rent was last increased in September 2025, you cannot increase it again until September 2026 — regardless of lease renewals or new agreements (see the section on Section 31B below).

Transitional provisions: If you had a fixed-term agreement that was entered into before 29 July 2024 and the fixed term extends beyond that date, the old Section 30 rules continued to apply until the end of that fixed term under Section 99. For periodic tenancies that were in force on 29 July 2024, the new 12-month rule applied immediately under Section 100 — and any notice given before commencement that did not comply with the new rules had no effect.

What WA Law Requires

The rent increase provisions in WA are governed by Sections 30, 31B, and 32 of the Residential Tenancies Act 1987. Here is exactly what the law says, broken down into plain English.

Section 30 — The core rule. A landlord may increase rent by written notice to the tenant, in the approved form (Form 10), specifying the amount of the increased rent and the day it takes effect. That day must be not less than 60 days after the day on which the notice is given, and not less than 12 months after the tenancy commenced or the rent was last increased under this section. Otherwise, the rent cannot increase.

In practical terms, this means three conditions must all be met for a valid rent increase:

1. You must use the official Form 10 (Notice of Rent Increase)
2. You must give at least 60 days notice before the increase takes effect
3. At least 12 months must have passed since the tenancy started or the rent was last increased

If any one of these conditions is not met, the notice is invalid and the tenant is not required to pay the higher amount. There is no partial compliance — all three conditions must be met.

Section 30(2)(a) — Fixed-term restriction. The right to increase rent is not exercisable during a fixed-term tenancy unless the amount of the increase, or the method of calculating it, is set out in the tenancy agreement. A general clause saying rent will increase to “market rent” does not qualify — the Landlord’s Guide published by Consumer Protection WA specifically states that “market rent” is not a clear indication of what the rent increase is likely to be. You need a specific dollar amount, a percentage, or a defined calculation method like CPI.

If you want the ability to increase rent during a fixed term, include the specific increase amount or calculation method in Part C of the Form 1AA tenancy agreement at the time of signing. You cannot go back and add this provision later. Even where the agreement does include a specific increase amount or method, you still need to provide the tenant with at least 60 days notice using Form 10 — the provision in the agreement gives you the right to increase, but does not remove the notice requirement.

Section 30(2)(b) — Agreeing to limit increases. The right to increase rent can also be excluded or limited by agreement between the landlord and the tenant. If you have agreed in your tenancy agreement not to increase rent, or to cap increases at a certain amount, that agreement is binding.

Section 31B — Lease renewals don’t reset the clock. Where a new agreement is between the same parties (same landlord and at least one of the same tenants), for the same premises, and starts immediately after the end of the previous agreement, it is treated as a continuation of the existing agreement — not a new one. This means the 12-month countdown runs from the date of the last increase, not from the start of the renewed lease. This is one of the most commonly misunderstood provisions in WA tenancy law — see the detailed section below.

Section 32 — Tenant’s right to challenge. A tenant who believes a rent increase is excessive can apply to the Magistrates Court for an order. The application must generally be made within 30 days of receiving the notice, although the court may extend this period if it considers it just to do so having regard to the merits of the case. If the court finds the rent is excessive, it can set a maximum rent for the premises. See “What Happens After You Serve the Notice” below for the full breakdown of this process.

Form 10 — The approved form. “Approved form” under the Act means the form approved by the Commissioner. For rent increases (other than those calculated by reference to tenant income), this is Form 10: “Notice to tenant of rent increase (except for rent calculated by tenant’s income).” Form 10 is available from the Consumer Protection WA website at consumerprotection.wa.gov.au. Using any other form — or giving notice verbally or by informal email — does not comply with Section 30 and the notice is invalid.

Lease Renewals Don’t Reset the Clock: Section 31B

This is one of the most important provisions that self-managing landlords get wrong. A common misconception: signing a new lease agreement with an existing tenant resets the 12-month clock, allowing an immediate rent increase. This is incorrect.

Section 31B of the Residential Tenancies Act 1987 provides that a new agreement is treated as a continuation of the existing agreement if three conditions are all met:

1. The landlord is the same under both agreements, and the tenant (or at least one co-tenant) is the same
2. The agreement is for the same residential premises
3. The new agreement starts immediately after the end of the previous agreement

When these conditions are met, the 12-month countdown runs from the last increase, not from the start of the renewed lease.

The smart landlord approach: Rent was last increased in March 2025. The right move is to give 60 days notice in approximately January 2026 so the increase takes effect on the 12-month anniversary in March 2026. If that January window was missed, notice can still be given later — the increase simply takes effect 60 days from whenever notice is served. Signing a new lease with the same tenant in June 2026 does not reset the clock. Under Section 31B it is treated as a continuation, so the 12-month period always runs from the date of the last increase, not from the renewal date.

The co-tenant nuance: Section 31B(3)(b) specifies that the agreements are “between the same parties” if the landlord is the same and at least one co-tenant is the same. This means if a couple rents your property, one tenant leaves and is replaced by a new person, but the other original tenant remains — it is still treated as a continuation and the clock is not reset.

How to Calculate Your Notice Date

Working backwards from when you want the rent to increase:

1. Decide the date you want the new rent to start (e.g., 1 October 2026)
2. Count back 60 days — that is the latest date you can give notice (approximately 2 August 2026)
3. Confirm at least 12 months have passed since the last increase or tenancy start

Example: Tenancy started 1 October 2025. Earliest you can give notice: approximately 2 August 2026. Earliest the increase can take effect: 1 October 2026.

Pro tip for self-managing landlords: Set a calendar reminder 75 days before the 12-month anniversary. This gives you a two-week buffer to prepare and serve the notice before the 60-day deadline passes. Missing the window does not mean you lose the right to increase — it just means the increase takes effect later than it could have.

Using Form 10

You must use the official Form 10 (Notice of Rent Increase), available from Consumer Protection WA at consumerprotection.wa.gov.au. Complete all sections including:

• Property address
• Current rent amount
• New rent amount
• Date the new rent takes effect
• Your name and signature

Deliver the notice in writing — by hand, post, or email if the tenant has agreed to receive notices electronically. Keep a copy and record how and when it was delivered. If a tenancy issue ever goes to court, the magistrate will want proof the notice was served correctly.

Electronic service: If your tenancy agreement (Form 1AA) includes the tenant’s agreement to receive notices by email, you can serve Form 10 electronically. If it does not, stick to physical delivery. The safest method is hand delivery with a written record of the date and time, or registered post.

If a rent dispute ends with the tenancy changing or ending, pair this page with our WA eviction notice guide and WA break lease guide guides. For the evidence that often sits behind later claims, our WA property condition report guide guide is worth keeping handy as well.

Common Mistakes Landlords Make

After 15 years of managing my own WA investment properties, I have seen landlords — including myself in the early days — make the same mistakes repeatedly. These are the ones that cost real money.

Not using Form 10. Sending an email or text message saying “rent is going up” does not comply with Section 30. The Act requires the approved form. It does not matter how reasonable your increase is or how good your relationship with the tenant — if you do not use Form 10, the notice is invalid and the tenant is not required to pay the higher amount.

Less than 60 days notice. The 60-day requirement runs from the day the notice is given, not from the day you decide to increase. If you serve notice on 1 August, the earliest the increase can take effect is 30 September. Serving notice on 5 August and trying to make the increase effective from 1 October gives only 57 days — the notice is invalid.

Trying to reset the 12-month clock with a lease renewal. This is the most common mistake I see in online landlord forums. Section 31B is explicit: a renewed agreement with the same tenant at the same property is a continuation, not a new tenancy. The 12-month period runs from the date of the last increase, not the renewal date. Getting this wrong means your notice is invalid.

Increasing rent during a fixed term without a written provision. If your tenancy agreement does not include a specific increase amount or calculation method, you cannot increase rent during the fixed term — regardless of how long the tenancy has been running. The provision must be in the agreement at signing. You cannot add it later.

Retaliatory increases. Under Sections 26A and 26B of the Act (introduced by the 2024 amendments), increasing rent is specifically listed as a form of retaliatory action. If a tenant has recently asked for repairs, lodged a complaint with Consumer Protection, or taken action to enforce their rights, and you respond by issuing a rent increase, the tenant can apply to the Magistrates Court. If the court finds the increase was likely retaliatory, it can set the increase aside and order you to pay compensation. This does not mean you can never increase rent after a tenant complaint — it means the increase must be genuinely motivated by market conditions, not by retaliation. For more on how the retaliation framework works in the broader eviction context, see our complete guide to evicting a tenant in WA.

Forgetting to keep proof of service. You served the notice, the tenant says they never received it, and now you have no proof. Always keep a copy of the completed Form 10 and record the date, time, and method of delivery. If serving by hand, note who you gave it to and when. If posting, use registered post and keep the receipt.

Not understanding the tenant’s right to challenge. Some landlords assume that once they serve Form 10, the increase is final. It is not. Tenants have the right to apply to the Magistrates Court under Section 32 if they believe the increase is excessive. If you have not researched comparable rents in the area, you may find yourself in court without the evidence you need to justify your increase.

Setting the effective date before 12 months from the last increase. Even if you give 60 days notice, the increase cannot take effect until at least 12 months have passed since the last increase or the tenancy start. Both conditions in Section 30(1) — the 60-day notice period and the 12-month gap — must be satisfied independently.

What Happens After You Serve the Notice

Once you have served a valid Form 10, the tenant has several options. Understanding these in advance helps you plan for each scenario.

The tenant accepts the increase. This is the most common outcome, particularly if you are increasing to a genuine market rate. The tenant simply starts paying the new amount from the effective date. No further paperwork is needed.

The tenant negotiates. A tenant may come back and ask whether you would accept a smaller increase. This is a legitimate conversation and often a pragmatic one. A good tenant who stays at a slightly lower increase is usually more valuable than a vacancy at a higher rate. Any agreed variation should be documented in writing.

The tenant challenges the increase in court. Under Section 32 of the Residential Tenancies Act 1987, a tenant can apply to the Magistrates Court for an order declaring that the rent is excessive. The application must generally be made within 30 days of receiving the notice, although the court may extend this period if it considers it just to do so having regard to the merits of the case.

Importantly, paying the increased rent does not waive the tenant’s right to challenge it. Section 32(3A) specifically states that an application can be made even if the tenant has paid or agreed to pay the rent in question.

When assessing whether rent is excessive, the court must consider:

• The general level of rents for comparable premises in the locality or a similar locality
• The estimated capital value of the premises
• The amount of outgoings the landlord is required to bear under the agreement
• The estimated cost of any services provided by the landlord or tenant
• The value and nature of any chattels provided with the premises
• The accommodation, amenities, and general condition of the premises
• Any other relevant matter

If the court finds the rent is excessive, it can order that the rent must not exceed a specified amount from a specified day — which can be a day earlier than the date of the application. This order remains in effect until the end of the tenancy or for up to 6 months, whichever comes first. The landlord can apply to have the order varied or revoked if circumstances change.

Demanding or receiving rent above the amount set by a court order carries a significant financial penalty under the Act.

In practice, court challenges are rare. If you are increasing to a genuine market rate based on comparable properties in the area, you are unlikely to face a successful challenge. The risk increases when landlords push well above market rates or increase rent shortly after a tenant has exercised their legal rights (see the section on retaliatory increases above).

The tenant gives notice to vacate. If the tenant decides the new rent is more than they want to pay and the tenancy is periodic, they may give at least 21 days notice under Section 68(2) and leave. For fixed-term tenancies, the position is different: a tenant cannot exit mid-term simply because of a rent increase. Section 70A(3) allows either party to give at least 30 days notice to end a fixed-term tenancy, but only at the end of the fixed term — it does not create a mid-term exit right triggered by a rent increase. During a fixed term with a valid increase provision, the tenant’s options are to accept the increase, negotiate, or challenge it under Section 32. If the tenant wants to leave before the fixed term ends, the early termination (break lease) provisions apply. Losing a good tenant over a rent increase is not always the best financial decision — see the strategic advice section below.

What tenants cannot do: simply refuse to pay and stay. If they do not accept the increase, their options are to negotiate, apply to the court within the time limit, or give notice to vacate. If the notice is valid and the tenant neither challenges it nor leaves, the increased rent is payable from the effective date. Unpaid rent becomes a debt and can ultimately lead to a breach notice for non-payment.

Bond Increase After a Rent Increase

A detail that many self-managing landlords overlook: after a valid rent increase, you may also increase the security bond. Under Section 31 of the Act, a bond increase is permitted if a legal rent increase has occurred with appropriate notice, and you give at least 60 days notice of the bond increase.

For most properties, the total security bond cannot exceed four weeks rent at the new rate, plus any applicable pet bond (currently up to $350). If your bond is already at four weeks of the old rent, a bond increase notice brings it back in line with the new rent amount. A high-rent exception applies where the weekly rent is over the current threshold described in Consumer Protection’s rental bond guidance ($1,200 per week).

You do not have to increase the bond — it is optional. But if your property is at the higher end of the market and the bond has not kept pace with rent increases over time, it may be worth adjusting. Keep in mind that bond increases require their own separate notice — the Form 10 rent increase notice does not automatically increase the bond.

Strategic Advice: Should You Always Maximise Rent?

As a landlord myself, I’ll be straight with you: maximising rent is not always the best financial decision.

A good tenant who pays on time, maintains the property, reports issues early, and renews year after year is worth a premium. Losing them over an increase they can’t afford costs you:

• 1–4 weeks vacancy (at their rent, not the higher rate)
• Advertising costs
• Leasing fees if you use an agent (and the fees add up)
• Time and effort to screen new tenants
• A new property condition report and all the end-of-tenancy administration
• Unknown quantity — the new tenant might be worse

There is a counterintuitive strategy that experienced self-managing landlords use: price slightly below market to attract the best applicants from a larger pool. You lose a little on rent but gain on tenant quality, vacancy rates, and long-term property condition.

This does not mean never raising rent. If you are significantly below market, you should catch up. But if you are close to market, think carefully before pricing out a reliable tenant.

Timing Tips

Situation	Tip
Fixed-term lease ending	Issue rent increase notice 60 days before the 12-month anniversary — remember Section 31B: the clock runs from the last increase, not from the renewal date
Existing long-term tenant	Gradual increases are less likely to trigger a vacancy than large jumps
Below market rent	Catch up over 1–2 increases rather than one shock increase
Vacancy risk	Consider whether a slight increase is worth losing a good tenant
New tenancy just started	Set a calendar reminder for 75 days before the 12-month anniversary so you do not miss the notice window

Frequently Asked Questions

How often can a landlord increase rent in WA?

Under Section 30 of the Residential Tenancies Act 1987 (as amended in July 2024), rent can only be increased once every 12 months. This applies to both periodic and fixed-term tenancies. Before the 2024 amendments, periodic tenancies could have rent increased every 6 months.

How much notice is required for a rent increase in WA?

At least 60 days written notice is required, using the official Form 10 (Notice of Rent Increase). The notice must specify the new rent amount and the exact date it takes effect. The 60-day period runs from the day the notice is given to the tenant.

Can I increase rent during a fixed-term lease in WA?

Only if the tenancy agreement specifically sets out the amount of the increase or the method of calculating it. A clause saying rent will increase to “market rent” does not qualify. The provision must be included in the agreement at the time of signing — typically in Part C of the Form 1AA — and cannot be added later. Even with a valid provision, you must still give 60 days notice using Form 10.

Does signing a new lease with the same tenant reset the 12-month clock?

No. Under Section 31B of the Act, a new agreement between the same parties (same landlord and at least one of the same tenants), for the same premises, starting immediately after the previous agreement ends, is treated as a continuation — not a new tenancy. The 12-month period runs from the date of the last increase, not the renewal date.

What form do I use for a rent increase in WA?

Form 10 — “Notice to tenant of rent increase (except for rent calculated by tenant’s income).” This is the approved form under Section 30 and is available from Consumer Protection WA at consumerprotection.wa.gov.au. Using any other form, or giving notice verbally or by email without Form 10, does not comply with the Act.

Can a tenant challenge a rent increase in WA?

Yes. Under Section 32, a tenant can apply to the Magistrates Court if they believe the rent increase is excessive. The application must generally be made within 30 days of receiving the notice, although the court may extend this having regard to the justice and merits of the case. The court considers comparable rents in the area, the capital value of the premises, the condition of the property, and other relevant factors. If it finds the rent is excessive, it can set a maximum rent for the premises.

What happens if I serve a rent increase notice incorrectly?

The notice is invalid and the tenant is not required to pay the higher amount. Common errors that invalidate a notice include: not using Form 10, giving less than 60 days notice, increasing within 12 months of the last increase, or increasing during a fixed term without a written provision in the agreement. You would need to serve a new, correctly prepared notice and wait the full 60-day period again.

Can I increase rent as a way to get a difficult tenant to leave?

This is risky and potentially unlawful. Sections 26A and 26B of the Act (introduced by the 2024 amendments) specifically list a rent increase as a form of retaliatory action. If a tenant can show they recently exercised their legal rights — for example, by requesting repairs or lodging a complaint — and you responded with a rent increase, the Magistrates Court can set the increase aside and order you to pay compensation. If you genuinely need to end a tenancy, follow the proper legal process.

Can I increase the bond after increasing rent?

Yes. Under Section 31 of the Act, a security bond increase is permitted following a valid rent increase, provided you give at least 60 days notice of the bond increase. For most properties, the total bond cannot exceed four weeks rent at the new rate, plus any applicable pet bond (currently up to $350). A high-rent exception applies where the weekly rent is over the current threshold described in Consumer Protection’s rental bond guidance ($1,200 per week). The bond increase requires its own separate notice — Form 10 does not automatically increase the bond.

What if my tenant just refuses to pay the increased rent?

If the notice was validly served and the tenant does not challenge it in court within the timeframe, the increased rent is payable from the effective date specified in the notice. If the tenant does not pay, the unpaid amount is rent arrears — the same as any other missed rent payment. You can issue a breach notice for non-payment of rent (Form 21) and follow the standard process from there.

When is the best time to give a rent increase notice?

Give notice approximately 60–75 days before the 12-month anniversary of the last increase (or tenancy start date). This ensures the increase takes effect as soon as legally possible. Setting a calendar reminder at the 75-day mark gives you a buffer to prepare the paperwork. If you miss the window, you can still serve notice later — the increase just takes effect 60 days from whenever the notice is actually given.

Does paying the increased rent stop a tenant from challenging it?

No. Section 32(3A) specifically states that a tenant can apply to the court even if they have already paid or agreed to pay the rent in question. Paying the higher amount does not waive the right to challenge.

Summary

Key points to remember:

• Rent can only be increased once every 12 months (as of July 2024)
• 60 days written notice is required using the official Form 10
• During a fixed-term tenancy, rent can only be increased if the amount or calculation method is written into the agreement
• A lease renewal with the same tenant does not reset the 12-month clock (Section 31B)
• The notice must specify the new amount and effective date
• Tenants can challenge an excessive increase in the Magistrates Court under Section 32 — generally within 30 days of receiving the notice
• Paying the increased rent does not waive the right to challenge it
• A rent increase used as retaliation can be set aside by the court under Sections 26A and 26B
• Invalid notices mean tenants don’t have to pay the increase — there is no partial compliance
• You may also increase the security bond after a valid rent increase, with a separate 60-day notice
• Maximising rent is not always the best financial decision — consider tenant quality and vacancy risk

If you’re changing rent during an existing tenancy, it helps to review the WA lease agreement guide and the broader WA residential tenancies act guide first. If money is later disputed at the end of the tenancy, our WA rental bond guide guide is the other page you’ll most often need.

Related guides for WA landlords

If you are building out the full landlord workflow for this state, these guides connect this page to the rest of the tenancy process.

Same-state guides

• WA lease agreement guide
• WA rental bond guide
• WA property condition report guide
• WA eviction notice guide
• WA break lease guide

Compare rent increase guides in other states

• NSW rent increase guide
• QLD rent increase guide
• VIC rent increase guide
• SA rent increase guide
• Tasmania rent increase guide
• ACT rent increase guide

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References:

• Consumer Protection WA — Rent increases: consumerprotection.wa.gov.au
• Residential Tenancies Act 1987 (WA) — Sections 26A, 26B, 30, 31, 31B, 32
• Residential Tenancies Amendment Act 2024 (WA) — Act No. 11 of 2024 (Sections 17, 25, 27, 28)
• Consumer Protection WA — Landlord’s Guide: “Renting out your property — A landlord’s guide”