South Australia's rent increase laws, governed by the Residential Tenancies Act 1995 (effective 1 December 1995), were significantly tightened as part of the 2024 reforms. While there is no cap on the amount a landlord can increase rent, the frequency and process are now strictly controlled.

The Once-Per-12-Months Rule (From March 2024)

Since 1 March 2024, rent can only be increased once within any 12-month period. This applies regardless of whether the tenancy is fixed-term or periodic, and even if the landlord and tenant mutually agree to a more frequent increase—it is simply not permitted by law under section 55(2a) of the RTA.

The 12-month clock starts from either:

• The date the tenancy agreement was entered into (the date of execution/signing), OR
• The date the last rent increase took effect.

No Rent Control, But "Excessive Increase" Challenge

South Australia does not have rent control—there is no statutory percentage limit on how much a landlord can raise the rent. However, a tenant has the right to challenge an increase they believe is excessive by applying to SACAT within 90 days after the notice of the increase is given.

When assessing whether an increase is excessive, SACAT considers:

• The prevailing market rent for comparable properties in the area.
• The general condition and age of the premises.
• The amenities available.
• Whether the increase is disproportionate to the previous rent.

If SACAT finds the rent is excessive, it may fix the maximum rent payable for a period not exceeding one year (RTA 1995 s 56(3)).

Notice Period: 60 Days

Generally, all rent increases require at least 60 days' written notice to the tenant. This applies to both periodic and fixed-term tenancies.

Exception: If a rent control notice is removed by the Housing Safety Authority, the landlord is only required to provide 14 days' written notice of a rent increase (RTA 1995 s 55(2)(c)(i)).

Fixed-Term Agreements

Rent can only be increased during a fixed-term agreement if the tenancy agreement specifically includes a condition that:

1. Allows for a rent increase during the term.
2. Specifies either the exact amount of the increase or the precise method of calculation (e.g., a fixed dollar amount, a percentage, or an increase based on the Consumer Price Index/CPI).

Even if such a clause exists, the written notice requirement still applies, and the increase cannot take effect until 12 months after the date the agreement was entered into or the most recent rent increase.

Periodic Tenancies

For a periodic (month-to-month or week-to-week) tenancy, the landlord can increase the rent at any time, provided:

1. At least 12 months have elapsed since the last increase (or the date the agreement was entered into).
2. The required written notice (usually 60 days) is given.

Best Practices for SA Landlords

1. Track the 12-Month Anniversary: The most common compliance error is attempting to raise rent before the 12-month window has reopened. Use property management software to track the date the agreement was entered into.
2. Reference Comparable Market Rents: When drafting your notice, have evidence of comparable property rents in the area available. This will be your primary defense if the tenant challenges the increase at SACAT.
3. Put CPI Clauses in Writing: If you want automatic annual increases, ensure the fixed-term agreement clearly states how the CPI increase is calculated to avoid disputes.

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