Applying for an Excessive Rent Order
If the CTTT finds the rent increase excessive, it will make an excessive rent order.
The order will specify:
- the amount that the rent must not exceed
- the day from which this maximum rent applies – for a period of up to of 12 months. When determining if a rent increase is excessive, the CTTT will consider:
- rents for similar premises in the same or a similar locality (‘general market level of rents’)
- the landlord’s outgoings under the tenancy agreement
- any fittings, appliances or other goods, services or facilities provided with the premises
- the state of repair of the premises
- the accommodation and amenities provided in the premises
- when the last increase was
- any other matter it considers relevant.
The CTTT will not consider your income or your ability to afford the rent increase.
Preparing a rent-increase case
To prepare a strong case, you can:
- look at similar properties in your area (at least 3), take photos, and gather evidence of the rent for the properties (through real estate agent listings or statutory declarations from current tenants)
- refer to the latest Rent and Sales Report from the Housing NSW website (www.housing.nsw.gov.au), which has information about average rents in every local government area in NSW
- make a list of repairs done by the landlord (if any)
- make a list of all other rent increases over the time that you lived there
- gather receipts for any work you have had done to the premises with the landlord’s agreement
- take photos showing the condition of the premises
- find out if council and water rates have increased over the last few years – get this in writing if possible (in case the landlord claims increased charges as a reason for the increase).
Newspaper clippings advertising similar premises will not be enough evidence for the CTTT. For further advice about preparing a rent-increase case, contact your local Tenants Advice and Advocacy Service (TAAS).
- Consumer, Trader and Tenancy Tribunal, phone 1300 135 399, www.cttt.nsw.gov.au
- Housing Appeals Committee: phone 02 9715 7955, free call 1800 629 794.
Information supplied courtesy of the Tenants Union of NSW
Further information and advice for NSW tenants can be sourced from www.tenants.org.au