Handling Rent Increases and Control Disputes in NSW

For renters in New South Wales, receiving a notice of rent increase can be unsettling. Understanding your rights and knowing the steps to handle such changes can make a significant difference.

Understanding Rent Increases in New South Wales

In New South Wales, landlords cannot increase the rent during a fixed-term lease of less than two years unless it's stipulated in the agreement. For longer leases, they can increase the rent, but they must give at least 60 days' written notice.^[1] This notice must clearly state the new rent amount and the date it will apply from.

Challenging Unfair Rent Increases

If you believe a rent increase is unfair, you can negotiate with your landlord or apply to the New South Wales Civil and Administrative Tribunal (NCAT) for a review.^[2] It's vital to keep records of all communications and any relevant documents that support your case.

Handling Rent Control Disputes

Rent control laws in New South Wales aim to protect renters from excessive increases. If you feel that a rent increase breaches these controls, you can dispute it through NCAT. This involves submitting an application and providing evidence of the alleged breach.

Action Steps for Disputes

1. Review Your Lease: Check for any clauses that address rent increases.
2. Gather Evidence: This could include previous rental agreements, market rent comparisons, and other supporting documents.
3. Submit a Complaint: Use the Tenancy Complaint Form from NSW Fair Trading to initiate a formal complaint.^[3]
4. Apply to the Tribunal: If necessary, lodge an application with NCAT for a formal hearing.^[2]

Tip: When discussing a rent increase or dispute with your landlord, remain calm and professional, and aim for a mutually beneficial resolution.

FAQ Section

1. How often can my landlord increase the rent? Landlords can increase rent during a fixed-term lease of over two years or between fixed terms, provided they give 60 days' notice.
2. What should I do if I cannot afford the rent increase? Communicate with your landlord to negotiate a possible agreement or consider explaining your financial situation in an appeal to NCAT.
3. Can NCAT help with unfair rent increases? Yes, renters can apply to NCAT if they believe a rent increase is excessive or breaches rent control regulations.

How To Section

1. How to Respond to a Rent Increase Notice in New South Wales
   1. Step 1: Review the notice
      Check the increase notice for compliance with legal requirements.
   2. Step 2: Consult available resources
      Consider reaching out to NSW Fair Trading for guidance before responding.
   3. Step 3: File a complaint
      If needed, lodge a formal complaint with NSW Fair Trading using their Tenancy Complaint Form.^[3]

Key Takeaways

• Always check your lease and understand the legal requirements for rent increases.
• Documentation and a calm negotiation can often resolve disputes.
• NSW Fair Trading and NCAT are key resources for addressing unresolved disputes.

Need Help? Resources for Renters

If you need additional assistance, consider reaching out to these NSW resources:

• Tenants’ Union of New South Wales
• NSW Fair Trading
• Legal Aid NSW

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1. New South Wales, Residential Tenancies Act 2010, Section 41.
2. New South Wales Civil and Administrative Tribunal (NCAT).
3. NSW Fair Trading Tenancy Complaint Form.

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