Understanding Rent Increases & Rent Control in NSW

In New South Wales, understanding rent increases and rent control measures are crucial for renters looking to manage their living expenses effectively. Navigating these regulations effectively ensures you're not paying more than necessary and means you can challenge any unjust rent hikes. Let's explore what you need to know about rent increases and rent control in NSW.

Rent Increases in New South Wales

In NSW, landlords can increase rent, but they must follow specific rules. Rent can typically only be increased once every 12 months for fixed-term agreements or at any time with proper notice in periodic agreements, but not more frequently than every 6 months.

The Notice Period

Landlords must provide tenants with at least 60 days' written notice before any rent increase. The notice should clearly state the amount of the new rent and the date from which the increase will take effect. For more information, you can refer to the Residential Tenancies Act 2010 where these requirements are outlined.

Challenging a Rent Increase

If you believe a rent increase is excessive, you have the right to challenge it. It's essential to gather evidence, like rental prices of similar properties, before lodging a complaint. Tenants can apply for a review with the NSW Civil and Administrative Tribunal (NCAT), which handles such disputes.

Tip: Always keep a record of any communication with your landlord regarding rent increases.

Rent Control Measures

As of now, NSW does not have formal rent control measures, which means landlords are generally free to set rental prices initially. However, once you are in a tenancy agreement, increases must adhere to the rules mentioned above. Stay informed about any potential changes in legislation concerning rent controls, as these rules can evolve.

Renter Rights Under Law

Your rights as a tenant are protected under the Residential Tenancies Act 2010. This includes rights concerning repairs, privacy, and rent. Always refer to this act for a comprehensive understanding of your rights and obligations.

1. What should I do if my landlord raises the rent without proper notice? If your landlord raises the rent without giving proper notice, you may refuse to pay the increased amount until the correct notice period has passed. Ensure you communicate this in writing.
2. How can I check if a rent increase is fair? To assess fairness, compare your rent with similar properties in your area. Gather this evidence if you plan to challenge an increase at NCAT.
3. Can rent be increased during a fixed-term lease? Rent increases are allowed during a fixed-term lease only if the lease terms explicitly permit this. Both parties must agree to the increase on the stipulated terms.

1. Step 1: Review the notice - Check if your landlord followed the state’s rules for notifying you of a rent increase.
2. Step 2: Respond in writing - Write to your landlord if you want to negotiate or dispute the increase.
3. Step 3: Gather evidence - Collect data on similar rental properties to back your case.
4. Step 4: Apply to NCAT - Submit an application to the Tribunal if negotiations don't succeed.

Need Help? Resources for Renters

If you're facing challenges with rent increases or require more advice, the following resources can offer support:

• Tenants' Union of NSW - Provides advice, advocacy, and education.
• Legal Aid NSW - Offers free legal services for eligible clients.
• NSW Civil and Administrative Tribunal (NCAT) - Handles disputes between tenants and landlords.

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1. Fair Trading Act 1987 (Cth)

2. Residential Tenancies Act 2010 (NSW)

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