Your rent statement has a new line: “Administration fee, $55.” Then a letter says you now have to pay for a gardener, $120 a month. Then a “lease renewal fee.” Then “water usage” on a property with no separate meter.
None of this was in your lease. So you don’t have to pay it. Simple as that.
The rule: if it’s not in the lease or the Act, you don’t owe it
A tenancy is a contract. The landlord agreed to provide the property for a set rent. They cannot add charges later just because they feel like it. And every state’s Residential Tenancies Act also bans specific fees outright, even if the landlord tries to put them in the lease.
Fees that are banned or restricted
- Lease preparation or “admin” fees: banned in New South Wales, Victoria, Queensland, South Australia, the Australian Capital Territory and Tasmania. A landlord cannot charge you for preparing, renewing or processing your lease.
- Rent payment fees: the landlord must offer at least one fee-free way to pay rent (New South Wales, Victoria, Queensland, South Australia). If they only offer a payment platform that charges you, that’s a breach.
- Bond above the legal limit: 4 weeks’ rent in New South Wales, Victoria, Queensland and most states. They can’t ask for more.
- Rent in advance above the limit: 2 weeks in New South Wales and Queensland (for weekly rent), 1 month in Victoria.
- Charges for routine inspections or condition reports: not allowed.
- Charges for a copy of your lease or rent ledger: you’re entitled to these free.
- Key or lock fees at the start: banned in most states.
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Garden maintenance
This one causes a lot of arguments. The general rule: you’re responsible for basic upkeep (mowing, weeding, watering). The landlord is responsible for major work (tree lopping, removing dead trees, replacing retaining walls, fixing irrigation). If your lease says nothing about a paid gardener, the landlord can’t make you pay for one. If they want to hire one, that’s their cost.
Water and utilities
You can only be charged for water usage if the property is separately metered and (in New South Wales and Queensland) meets water-efficiency standards. The landlord always pays water rates and supply charges. If there’s no separate meter, you don’t pay for water at all.
What to do
- Don’t pay it. Keep paying your rent in full and on time. Just don’t pay the extra.
- Respond in writing. State that the charge is not in your lease, is not permitted under the Act, and you will not be paying it.
- Ask for a refund if you already paid. Unlawful fees can be recovered. Send a Letter of Demand for the amount, with a 14-day deadline.
- Report it. Fair Trading, Consumer Affairs, or your state’s equivalent can fine landlords and agents for charging prohibited fees. Mention this in your letter.
- Apply to the tribunal if they keep pushing or won’t refund.
Why they try it
Because it works on people who don’t know the rules. An agent managing 150 properties who slips a $55 admin fee onto each one pockets thousands. Writing back and citing the Act puts the agent on notice that you know the rules.
Claim Done drafts your Letter of Demand for $49. Done in about 5 minutes.
What happens when you put your landlord on formal notice
Same problem. What a prepared case looks like.