Rent increase

My rent is going up

Once a year, 60 days notice, and challenging the amount.

1. 01Rent can only go up once every 12 months

   s 41

   Since 31 October 2024 rent can be increased only once in any 12 month period — for every kind of agreement, fixed term or periodic. A second increase inside 12 months is not payable.

   You might have been told: "You are on a short lease so we can review the rent whenever we like." Not since the 2024 reform.

   Next step: Check the date of your last increase. If it is less than 12 months ago, write to the agent saying the increase is not payable under s 41.

   Residential Tenancies Act 2010 (NSW) s 41

2. 02You must get 60 days written notice

   s 41

   A rent increase needs at least 60 days written notice, and the notice must state the new amount and the date it starts. A verbal heads-up, a text, or a shorter notice does not meet the requirement.

   You might have been told: "We told you last month on the phone, so it starts next week." A rent increase requires written notice, 60 days ahead.

   Next step: Count 60 days from the day you received the written notice. If the start date is sooner, reply in writing asking for a corrected notice.

   Residential Tenancies Act 2010 (NSW) s 41

3. 03During a fixed term under 2 years, rent usually cannot rise at all

   s 41

   If your fixed term is less than 2 years, the rent can only be increased if your agreement already sets out the increased amount or the method for working it out. If it does not, the rent stays put for the term.

   You might have been told: "Rent reviews happen every six months, that is just standard." Only if your agreement actually says so.

   Next step: Read the rent clause in your agreement. If it does not state the increase or a calculation method, the increase cannot apply during the fixed term.

   Residential Tenancies Act 2010 (NSW) s 41

4. 04You can challenge an increase as excessive at NCAT

   s 44

   If you think an increase is excessive you can apply to NCAT for an order that the rent not be increased, or be increased by a smaller amount. The Tribunal looks at market rents for comparable properties, the state of the premises and any reduction in services.

   You might have been told: "You can either pay it or leave." There is a third option: have the Tribunal review it.

   Next step: Gather comparable listings, then apply to NCAT before the increase takes effect. Free advice: Tenants' Union NSW at tenants.org.au.

   Residential Tenancies Act 2010 (NSW) s 44