Know your Rental Right and Wrongs

DO YOU KNOW YOUR RIGHTS AS A RENTER?

I have just realised the Australian cost of living crisis in the rental arena is OF REAL CONCERN. It is happening because of a lack of knowledge and position with the consumer i.e tenant/renters - their mindset needs to change - you are doing the owner a favour by paying your rent every week and month - vacancy listings are usually minimum 2 weeks and sometimes more than 3 weeks ! That is lost revenue that can never be recovered.

There are laws to protect the tenant from unfair and excessive rental increases and evictions. It is totally illegal to evict a tenant due to rental increases being negotiated.

If the Real Estate Agent/owner does not want to negotiate then you can take it to dept. of fair trading and NCAT in a totally unemotional way, no offence, no anger just what you are allowed to do within the scope of the law. This is your hard earned money and your home you have to fight for it to be kept reasonable.

It is important to note that in making a decision NCAT will not consider your income, or whether you can afford the rent increase. AND YOUR LANDLORD MUST RESIDE IN NSW otherwise its a waste if time to make a claim. If the landlord knows about this Jurisdictional limit of NCAT they can raise it as high as they want.

So crying poor will not cut it you need to prove that it is an excessive increase compared to other properties in the market for the last 12 months.

section 44 is our best friend - for NSW tenants.

Lets get the law for NSW Australia right here in front of our eyes and examine it:

Residential Tenancies Act 2010

https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2010-042

44 Tenant’s remedies for excessive rent

(1) Excessive rent orders The Tribunal may, on the application of a tenant, make any of the following orders—
(a) an order that a rent increase under an existing or proposed residential tenancy agreement is excessive and that, from a specified day, the rent for residential premises must not exceed a specified amount,
(b) an order that rent payable under an existing or proposed residential tenancy agreement is excessive, having regard to the reduction or withdrawal by the landlord of any goods, services or facilities provided with the residential premises and that, from a specified day, the rent for residential premises must not exceed a specified amount.
(2) Time limit for excessive rent increase applications An application for an order that a rent increase is excessive must be made within the period prescribed by the regulations after notice of the increase is given.

(4) Determination of excessive rent For the purposes of making an order under this section, the Tribunal may declare that amounts payable under a contract, agreement or arrangement under which goods, services or facilities are provided to the tenant are rent.

(5) The Tribunal may have regard to the following in determining whether a rent increase or rent is excessive—
(a)  the general market level of rents for comparable premises in the locality or a similar locality,
(b)  the landlord’s outgoings under the residential tenancy agreement or proposed agreement,
(c)  any fittings, appliances or other goods, services or facilities provided with the residential premises,
(d)  the state of repair of the residential premises,
(e)  the accommodation and amenities provided in the residential premises,
(f)  any work done to the residential premises by or on behalf of the tenant,
(g)  when the last increase occurred,
(h)  any other matter it considers relevant (other than the income of the tenant or the tenant’s ability to afford the rent increase or rent).

(6) Effect of excessive rent order An order by the Tribunal specifying a maximum amount of rent—
(a) has effect for the period (of not more than 12 months) specified by the Tribunal, and
(b) binds only the landlord and tenant under the residential tenancy agreement or proposed residential tenancy agreement under which the rent is payable.

50 Tenant’s right to quiet enjoyment

(1) A tenant is entitled to quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title (such as a head landlord) to that of the landlord.
(2) A landlord or landlord’s agent must not interfere with, or cause or permit any interference with, the reasonable peace, comfort or privacy of the tenant in using the residential premises.
Maximum penalty—10 penalty units.
(3) A landlord or landlord’s agent must take all reasonable steps to ensure that the landlord’s other neighbouring tenants do not interfere with the reasonable peace, comfort or privacy of the tenant in using the residential premises.
(4) This section is a term of every residential tenancy agreement.

51 Use of premises by tenant

(1) A tenant must not do any of the following—
(a)  use the residential premises, or cause or permit the premises to be used, for any illegal purpose,
(b)  cause or permit a nuisance,
(c)  interfere, or cause or permit any interference, with the reasonable peace, comfort or privacy of any neighbour of the tenant,
(d)  intentionally or negligently cause or permit any damage to the residential premises,
(e)  cause or permit a number of persons to reside in the residential premises that exceeds any number specified in the residential tenancy agreement.
(2) A tenant must do the following—
(a)  keep the residential premises in a reasonable state of cleanliness, having regard to the condition of the premises at the commencement of the tenancy,
(b)  notify the landlord of any damage to the residential premises as soon as practicable after becoming aware of the damage.
(3) On giving vacant possession of the residential premises, the tenant must do the following—
(a)  remove all the tenant’s goods from the residential premises,
(b)  leave the residential premises as nearly as possible in the same condition, fair wear and tear excepted, and, if there is a condition report, as set out in the condition report applicable to the premises when the agreement was entered into,
(c)  leave the residential premises in a reasonable state of cleanliness, having regard to the condition of the premises at the commencement of the tenancy,
(d)  remove or arrange for the removal from the residential premises of all rubbish, having regard to the condition of the premises at the commencement of the tenancy,
(e)  return to the landlord all keys, and other opening devices or similar devices, provided by the landlord to the tenant.
(4) In this section—
residential premises includes everything provided with the residential premises (whether under the residential tenancy agreement or not) for use by the tenant.
(5) This section is a term of every residential tenancy agreement.

and

Residential Tenancies Regulation 2019.

https://legislation.nsw.gov.au/view/html/inforce/current/sl-2019-0629

Certainly! To support your NSW Civil and Administrative Tribunal (NCAT) application regarding an excessive rent increase, you can reference the following provisions from the Residential Tenancies Regulation 2019 and the Residential Tenancies Act 2010:

📜 Key Legal Provisions

1. Notice Requirements for Rent Increases

60 Days' Written Notice: A landlord must provide at least 60 days' written notice before increasing rent.
- Source: Residential Tenancies Act 2010, Section 41(1)legacy.legislation.nsw.gov.au+3legislation.nsw.gov.au+3legislation.nsw.gov.au+3
Frequency of Increases: Rent cannot be increased more than once in a 12-month period.
- Source: Residential Tenancies Act 2010, Section 41(1A)legislation.nsw.gov.au+3legislation.nsw.gov.au+3legislation.nsw.gov.au+3

2. Excessive Rent Increases

Application to Tribunal: Tenants can apply to the Tribunal if they believe a rent increase is excessive.
- Source: Residential Tenancies Act 2010, Section 44(1)
Time Limit for Application: An application must be made within 30 days after the rent increase takes effect.legislation.nsw.gov.au
- Source: Residential Tenancies Regulation 2019, Clause 23legislation.nsw.gov.au

3. Factors Considered by the Tribunal

When determining if a rent increase is excessive, the Tribunal may consider:

Market rent for similar premises
The condition of the premises
Any improvements madelegislation.nsw.gov.au
The landlord's costs and outgoings
The frequency and amount of past rent increaseslegacy.legislation.nsw.gov.au
- Source: Residential Tenancies Act 2010, Section 44(3)legislation.nsw.gov.au+3legacy.legislation.nsw.gov.au+3legislation.nsw.gov.au+3

For any financially savvy person renting is smarter than being locked into a 30-40 year death grip MORT + GAGE = mortuary engagement hmmmm and the gains from your activities happily go towards a home that is dry and clean with some money to spare for hobbies and holidays !

I was willing to outlay an extravagant weekly amount just so I did not have to live in a share house situation and escape the mouldy bowls of the floodplains I kept finding myself renting in the northern rivers. But there seems to be a sentiment that once you are in the house and have made it a home they have your back up against a wall and you have to agree to whatever rental increase they demand, accept the offer without any room for negotiation. The prey on a lack of confidence and expect submission - do not fall for the ruse !

And if you do not know your tenant rights a living person may fall into the power play of being subservient and asking how high can you jump for them and their greedy salivating socks. If they are paying a mortgage and interest rates have gone up but do the maths - so you can work out what is the fair and reasonable increase but unfortunately it is a power play by mammon to squeeze the working class financially.

IT IS ONLY AN OFFER
AN OFFER DOES NOT NEED TO BE ACCEPTED
IF YOU DONT LIKE IT AND HAVE A GOOD REASON EG: IT IS EXCESSIVE ( and you have proof of other rentals in the area that match your property being rented for less)
THEN YOU CAN NEGOTIATE POLITELY
IF AGENT/LANDLORD DOES NOT WANT TO NEGOTIATE
THEN LOG A CASE WITH NCAT AND FIND YOUR LOCAL AREA TENANCY ADVOCACY UNION
CONSIDER LOGGING YOUR CASE IN THEIR PUBLICITY/ STORY SECTION ALSO GET THE MEDIA INVOLVED ! SHAME THE GREEDY BEHAVIOUR, BRING IT TO LIGHT.

first action to take : you can do an online complaint with fair trading - but remember you only have 30 days from the notice of rent increase to open a case with NCAT
https://www.nsw.gov.au/departments-and-agencies/fair-trading/complaints-and-enquiries/housing-and-property/tenancy-landlord-and-agent

Be Proactive:

Do the research with the rent trackers and local area properties similar to your own in size and quality.
call around local real estates and ask them;

how many people are at each inspection
and if there are alot of applications for each property -
ask them if there are a limited supply of rentals in your area at the moment -
have you had any properties that had to be reduced in rental to get interest ?
is there are glut or a scarcity
do you have too many applications for each property lately?

Go for the facts and truth don't be swayed by the real estates CMA report - it may be statistically biased - study the sampled properties with a fine toothcomb to see if they are a match - as some 4 bedroom properties are very generous in size, family orientated and others are very tight in their design and don't compare.
Take screenshots of every property you find advertised for less or similar and create you w own CMA report - Comparative Market Analysis report. Make comparison tables in excel use screenshots.
save all your receipts and photos of your rental in one easily accessible file - I would suggest that one creates a dedicated email address in gmail - so that you can email to yourself photos/ maintenance receipts/ emails from the real estate /eg glue equipment/ light bulbs purchased - ON THE GO everything to do with your rental property - as if your landlord gets a big fat EGO and wont negotiate then you should have no problem's when you need to go to NCAT
what ever you do - don't write an angry letter but DO write emails so you have a paper trail to submit to the tribunal any phone call to the landlord or real estate agent put it into an email afterwards.

write your letter first then refine your letter by USE CHAT GPT or similar AI and learn how to prompt if correctly - eg: I need my response tidied up to include the tenancy laws for NSW and any other relevant laws to give me a polite, water tight powerful response
do everything to negotiate eg I offered a $5 increase to start off the negotiation and expected the agent to meet me half way - it didnt happen because they know the law that they don't need to negotiate. There is no law that limits an increase it is on the tenant to prove that it is excessive and most regular people just roll over and pay as it is easier than learning to ninja kick all this red tape.

CREATE YOUR OWN CMA COMPARATIVE ANANLYSIS REPORT do screenshots of every property you can find with less rent and similar condition and year built and ones that are in the higher end of the market - if you cant get the data you need consider joining a site that real estates use to make their own biased CMA reports

https://nationalpropertygroup.com.au/pricing/
Make sure you have your tenancy agreement and the correct spelling of Landlord's full name and Real Estate property manager address and contact details - papers can not be served if these are incorrect
run through a Chat GPT thread to get the wording and process
Example below: I needed the following document to add to my bundle to serve the Real Estate - Chat GPT has been extremely helpful in facing the overwhelm of this process.
Correctly Identified Respondent – NCAT Application

Residential Tenancies Act 2010 (NSW) – Section 44
Applicant (Tenant):

Respondent (Landlord):

ASIC download of Real Estates official business name
all emails to the real estate agent are EVIDENCE for your case - create a paper trail be smart - no verbal conversations should be left verbal put it all into an email afterwards to clarify - you can turn them all into PDFs to attach to the online NCAT application or Fair Trading Dispute- label files to read in order so they make sense.

Resources

Explore these links this is how I worked out the process for myself, one only has to look,read and google search and make some phone calls !

https://lawfullyexplained.com.au/property/can-i-challenge-a-rent-increase/

https://www.tenants.org.au/resource/rent-tracker-postcode-tool

https://northernriversclc.org.au/northern-rivers-community-legal-centre-tenants-advice-and-advocacy-service-taas/

https://ncat.nsw.gov.au/case-types/housing-and-property/tenancy.html

https://www.qcat.qld.gov.au/applications/forms

QLD

✅ Queensland Rent Increase Laws (as of 2024–2025)

📆 1. How Often Can Rent Be Increased?

Only once every 12 months for all new and existing tenancies.
This rule applies even when tenants are moving from a fixed term to a periodic lease.
Applies from 1 July 2023, regardless of lease type.

Source: RTA QLD – Rent increases

📝 2. Notice Required

The landlord/agent must give the tenant at least 2 months' written notice (in a proper RTA-approved form).
Notice must state:
- The new rent amount
- The date it takes effect
- That it complies with the 12-month rule

⚖️ 3. What if the Rent Increase Feels Excessive?

Tenants can apply to the Queensland Civil and Administrative Tribunal (QCAT) if they believe the rent increase is excessive.
QCAT will consider:
- The market rent for similar properties
- The property's condition
- Any major improvements or renovations
- When the last increase occurred
- Anything else relevant to fairness

Note: QCAT does not assess affordability (e.g. your income); it looks only at fairness and market evidence — similar to NCAT in NSW.

📌 4. What Tenants Should Do:

Try to negotiate with the landlord first.
Gather evidence of similar rental properties (e.g. size, location, age, price).
Keep records of all communication.
Apply to QCAT within a reasonable time if no agreement is reached.

🧠 Key Differences from NSW:

Area	NSW (NCAT)	QLD (QCAT)
Minimum time between increases	12 months	12 months (from 1 July 2023)
Notice required	60 days	2 months
Tribunal	NCAT	QCAT
Can argue "excessive rent"	Yes (s.44)	Yes
Affordability considered?	❌ No	❌ No

🕊️ Summary

In QLD, landlords can’t increase rent more than once per year, and tenants can challenge excessive increases through QCAT if they have good evidence. The key is to compare similar properties and document any reasons why the increase seems unfair in your case.

If all my money goes on Rent then how do I choose between Food or Petrol?

SUMMARY

🏡 Do You Know Your Rights as a Renter in NSW?

The rental crisis in Australia, especially in NSW, isn’t just about rising prices—it’s about tenants knowing their rights. Many renters feel they must accept any rent increase, but this simply isn’t true.

💡 Here’s the truth:

✅ You are not obligated to accept a rent increase without question.
✅ You are not being "difficult" by asking for fair treatment.
✅ And you can challenge excessive rent increases under the law.

📘 Your Legal Rights

Under the Residential Tenancies Act 2010 (NSW):

Section 44 lets you apply to NCAT if a rent increase is excessive.
NCAT cannot consider your income, but it can assess:
- Comparable rents in your area
- Condition and size of the property
- When the last increase occurred
- Repairs or upgrades you've done
- State of repair and included amenities

👉 You have 30 days from the date of notice to apply. Learn more at NSW Fair Trading and NCAT Housing Division.

🛑 It Is Illegal to Evict You Just for Questioning a Rent Increase

If a landlord tries to evict you because you’re negotiating or disputing a rent increase, that may be considered retaliatory and unlawful under Section 115 of the Act.

🧰 Build Your Case Like This:

Create Your Own CMA (Comparative Market Analysis):
- Gather 3–5 real listings for similar homes in your suburb.
- Screenshots + URLs + date = stronger evidence.
- Compare size, layout, amenities—not just number of bedrooms.
Dissect Their CMA:
- Challenge unfair comparisons (e.g. larger homes, premium suburbs, newer builds).
- Point out flaws like outdated photos or mismatched locations.
Keep a Paper Trail:
- Always follow up phone calls with an email.
- Save all receipts for repairs and photos of your home.
Submit an NCAT Application Online:
- You’ll need the landlord’s full name and business address.
- Gather all your evidence in PDF format.
- You can start here:
  Apply to NCAT

📚 Helpful Resources

📣 Final Words

You are not at the mercy of real estate agents or landlords. Rent increases are offers, not commands. You have a legal right to negotiate or challenge an unfair increase—especially when supported by solid, comparable market evidence.

Being proactive, polite, and prepared is the key. This is your home and your hard-earned money—don’t be afraid to stand your ground.

I have made a check list using CHAT GPT - here it is - as a free download

DISCLAIMER

Some opinions are my own and others are appropriated artistically for education and entertainment purposes. Some links listed are affiliate links which means I earn a small bonus if anyone decides to purchase through them. Thank you so much for your support, I believe in sifting through the dross to share the gold!

Please note that I am not a professional, in fact I am the literal opposite. I am just a bourgeois dandy Warhol out here loose on the streets. Things that I am NOT: a builder, trainer, craftsman, therapist, nutritionist, physical therapist, medical professional, lawyer, accountant or anything else that may be assumed from the content of my literature. All projects or seeming advice presented on my channel may be completed at your own risk and responsibility. Please see your own professional or counsellor for professional support. Do your OWN research AKA due diligence and be safe!

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