In some situations, you may be entitled to a rent decrease. You can negotiate a rent decrease directly with your lessor, agent or provider, or seek an order from the Tribunal. Under the Act you may be eligible for a rent decrease in the following situations:
In residential tenancies:
- Services, facilities or goods that are part of the agreement become unavailable or are withdrawn (other than because of a breach by you).
- The amenity or standard of the premises substantially decreases (other than because of malicious damage by you).
- The premises can no longer be lawfully used as a residence or is compulsorily acquired by an authority. In rooming accommodation:
- Because your room or the common areas become partly unfit to live in or their amenity or standard substantially decreases (other than because of your intentional or negligent behaviour)
- Because a service provided under the agreement becomes unavailable, or the standard of the service substantially decreases (other than because you have failed to meet your obligations under the agreement).
- Residents in rooming accommodation can seek a rent reduction if they are absent from the premises and no longer receive a personal care or food service. For a rent reduction relating to a food service, the absence must be longer than two continuous weeks.
In any of these situations, you should try to negotiate a reduced rent with your lessor, agent or provider.
It’s a good idea to put your request in writing and keep a copy. If you can’t reach an agreement, you can apply to the RTA Dispute Resolution Service for conciliation.
You will need to complete a Dispute Resolution Request form and send it into the RTA. If the RTA cannot help you to reach an agreement, you will be sent a Notice of Unresolved Dispute. You can then apply to the Tribunal for a non-urgent hearing about the rent decrease.