Has your landlord just issued a rent increase that feels unfair? You're not alone — especially with the updated rental laws in NSW limiting how and when rent can be increased. The good news is, if you think the increase is unreasonable, you have the right to challenge it through NCAT (NSW Civil and Administrative Tribunal).
Here’s a clear, step-by-step guide for tenants in New South Wales.
What Are the New Rent Increase Rules in NSW?
From October 31, 2024, new rental laws came into effect, placing tighter restrictions on how often landlords can raise rent.
Key rules:
Rent can only be increased once every 12 months — this applies to both fixed-term and periodic agreements.
A landlord must give at least 60 days’ written notice.
The notice must clearly state:
The new rent amount
The date the new rent starts
📘 Ref: Sections 41–42, Residential Tenancies Act 2010 (NSW)
Can I Challenge a Rent Increase in NSW?
Yes! If you believe the increase is too high or not in line with the market, you can apply to the NSW Civil and Administrative Tribunal (NCAT) to review it.
You must apply within 30 days of receiving the rent increase notice.
How to Challenge a Rent Increase (Step-by-Step)
✅ Step 1: Review the Notice
Make sure it:
Was given in writing
Provides 60+ days' notice
Clearly states the increase amount and effective date
If the notice is invalid, you may already have grounds to challenge it.
✅ Step 2: Compare Rent to Market Rates
Gather evidence of similar properties in your area:
Listings from real estate websites (e.g., Domain, realestate.com.au)
Local rental price reports
Agent or valuation letters (optional but helpful)
The Tribunal will consider market rents and property condition when deciding.
✅ Step 3: Apply to NCAT
Apply online via NCAT’s website within 30 days of receiving the notice.
You'll need:
A copy of the rent increase notice
Your current lease agreement
Any evidence of market rates
There’s a small application fee, which may be waived in hardship cases.
✅ Step 4: Attend the Tribunal Hearing
Be ready to explain:
Why the increase is excessive
What similar properties charge
Any issues with the property that reduce its value (e.g., poor condition, repairs needed)
What Happens If NCAT Finds the Increase Excessive?
If NCAT agrees that the increase is excessive, it can:
Set a fairer rent
Order a rent refund for overpaid amounts (if already applied)
Prevent future increases for a set period (often 12 months)
FAQs About Challenging Rent Increases in NSW
Q: Can my landlord increase rent twice a year?
A: No. From October 31, 2024, rent can only be increased once every 12 months — even for periodic leases.
Q: What if my lease started before October 31, 2024?
A: If your agreement is less than 2 years and started before that date, the old rules may still apply. For newer or renewed leases, the new 12-month rule applies.
Q: What is a fair rent increase?
A: Fairness is judged based on comparable market rents. A big jump that exceeds typical rates for your area may be considered excessive.
Q: Do I still have to pay the new rent if I’m challenging it?
A: Yes, you must continue paying the increased rent unless and until NCAT rules otherwise.
Summary: Know Your Rights on Rent Increases
🔑 Rule | ✅ Details |
Frequency | Rent can only increase once every 12 months |
Notice | Must give 60 days' written notice |
Challenge Deadline | Apply to NCAT within 30 days of receiving notice |
Grounds for Dispute | Unreasonably high increase or above market rates |