Can I challenge a rent increase in NSW?

NSW rent increases must follow strict rules under the Residential Tenancies Act 2010. You must receive at least 60 days’ written notice, the notice must state the increased rent and the day it takes effect, and rent can generally only be increased once in any 12-month period for the same tenancy. An increase that fails any of these requirements is invalid, you can keep paying the existing rent and put the defect in writing to the agent.

Even a procedurally valid increase can be challenged as excessive. You can apply to NCAT, which looks at factors like rents for comparable properties in the area, the state of the premises, and the landlord’s outgoings. Gather comparable listings, same suburb, similar size and condition, because the gap between your proposed rent and the market for genuinely comparable properties is the core of an excessiveness case. An increase imposed shortly after you requested repairs is also worth flagging, as retaliatory conduct can be challenged.

Timing matters: an application about an excessive increase should be made before the new rent takes effect or within the windows the Act provides, so act on the notice rather than sitting on it. Keep paying rent as required while the dispute runs. If the property has outstanding repair issues or fails to justify the asking price, say so with photos and the repair correspondence, the condition of the premises is one of the factors NCAT explicitly weighs.