Excessive rent increase in NSW: how to dispute at NCAT (s44)
A rent increase notice in your inbox does not make the new rent lawful. NCAT can declare an increase "excessive" and either reduce it or set the amount the landlord may charge. The catch is a strict 30-day window under section 44 of the Residential Tenancies Act 2010 (NSW) ("RTA").
This page covers how the s44 challenge works at NCAT: when you can and can't apply, the comparable-rents evidence the Tribunal expects, and the orders you can ask for.
Information, not legal advice. Figures current as at 1 July 2025.
What this dispute is
An excessive rent increase application is a request to NCAT to declare that a notified rent increase (or a current rent in some cases) is excessive and to fix what the rent should be. It's available on periodic tenancies and during a fixed-term agreement if the agreement provides for increases. For fixed-term agreements that don't allow increases, the landlord can't raise the rent at all during the term.
Section 44(5) RTA tells NCAT what to look at when deciding whether an increase is excessive: the general market level of rents for comparable premises in the same area, the landlord's outgoings, any fittings, goods or services provided with the premises, the state of repair, the accommodation provided, and any work done by the tenant. "Comparable" is the key word — same suburb, similar size, similar condition, similar amenities.
One thing to know up front: the question is not "did the rent go up by a lot?" Even a large increase is lawful if the new rent tracks the market. The question is whether the new rent is above what comparable premises in the same area would let for. That's why the case turns on comparable-rents evidence — your job is to put together a shortlist of equivalents that lets for less.
Time limits that bite
These deadlines are strict. The Tribunal can extend in some cases, but extensions are not automatic — they're weighed on length, reason, prospects and prejudice.
- 30 daysTenant deadline to apply to NCAT after a rent-increase notice (s44)RTA s44(1)
- 60 daysMinimum written notice of a rent increase the landlord must giveRTA s41
- 12 monthsMinimum period between rent increases (periodic tenancies)RTA s42
- Before effective dateApply early — the increase takes effect on the notified date unless NCAT orders otherwiseRTA Pt 3 Div 1
- 14 daysInternal appeal window for residential proceedingsNCAT Guideline 1
The process, step by step
- 1
Check the notice is valid before you challenge the amount
Before you argue the rent is too high, check whether the landlord has the right to increase at all. (1) Is it in writing? Verbal increases don't count. (2) Does it specify the new rent and the date from which it applies? (3) Was it given at least 60 days before the effective date (RTA s41)? (4) For periodic tenancies, has it been at least 12 months since the last increase or the start of the tenancy (RTA s42)? (5) If you're in a fixed-term agreement, does the agreement provide for increases?
A defective notice can be ignored — the rent doesn't legally rise. But the safe path is to put it in writing to the landlord that the notice is defective and pay the existing rent. Don't pay the new amount in error; recovering an overpayment is harder than not paying it.
- 2
Gather comparable-rents evidence
This is the case. Spend an evening on realestate.com.au and domain.com.au pulling listings from your suburb of properties that are comparable — same number of bedrooms and bathrooms, similar size, similar condition, similar features (parking, balcony, lift, garden). Save each listing as a PDF or screenshot showing the address, the asking rent, and the date. Aim for 6-10 comparables.
Strip out comparables that aren't really comparable: newly renovated where yours isn't, larger or smaller, different suburb micro-market. Put the survivors in a one-page table: address, beds/baths, distinguishing features, asking rent, source URL, date. Calculate the median; that's your headline number.
- 3
Lodge the NCAT application — within 30 days
Use the Tenancy / Social Housing Application via the NCAT Online portal (ncat.nsw.gov.au/apply), at any registry, or by post. The fee is $62 standard, $16 concession. You must lodge within 30 days of the increase notice — the Tribunal can extend in some cases but extension is not automatic.
In "orders sought", be specific: "Order under s44 RTA that the rent increase from $X to $Y notified on [date] is excessive, and that the rent payable from [effective date] be no more than $Z per week." Attach (or reference) your comparables table — you'll bring three printed copies to the hearing.
- 4
Conciliation and hearing
NCAT lists rent-increase matters quickly — usually within 2-4 weeks. The Notice of Listing will set down a combined conciliation and hearing. At conciliation, agents often offer a smaller increase. Don't accept anything that's still above your comparables median without thinking — you have a hearing on the day if you don't agree.
At hearing, you're the applicant — you go first. Lead with your one-page comparables table. The Member will work through the s44(5) factors: market rent, outgoings, state of repair, services provided. If the property has unresolved repair issues (s63), raise them — they reduce the rent the property can legitimately attract.
- 5
Orders and what happens to the increase
NCAT can declare the increase excessive and fix the rent at a lower amount — sometimes at the old rent, sometimes at a figure between the old and the new. The order takes effect from a date specified by the Tribunal; if the increase has already taken effect, NCAT can order a refund of the difference.
The fixed rent set by NCAT can apply for up to 12 months. The landlord cannot issue another increase inside that period unless the Tribunal allows it.
Evidence that actually works
Cases are lost on missing documents more than on weak arguments. Get these in order before you file.
The rent-increase notice itself
Original or printed PDF, plus proof of when and how it was served (email header, postmark, photograph of envelope).
Tenancy agreement and any variations
Establishes the existing rent and (for fixed-term) whether the agreement allows increases at all.
Comparables table (6-10 listings)
Address, beds/baths, features, asking rent, source URL, date. Calculate the median. PDF or screenshot each listing.
Photos of the premises — interior and exterior
Especially of any disrepair, dated kitchens/bathrooms, or anything that distinguishes your unit from a renovated comparable.
Records of any outstanding repair requests
Disrepair reduces market rent. Bring repair request emails and follow-ups even if you haven't filed a separate s63 case.
Rent ledger and history of past increases
Shows the frequency cap (12 months between increases) and the trajectory of the rent during the tenancy.
Comparable-rent commentary from CoreLogic, Domain or REINSW
Suburb-level rent reports are public. Helpful for context, not a substitute for individual listings.
Common reasons people lose
Missing the 30-day window
S44 has a strict 30-day deadline. Extensions are not automatic — the Tribunal weighs length, reason, prospects and prejudice. Lodge early.
No comparables
Without a comparables table, the Member has nothing to compare your rent to. Asserting 'it's too much' is not evidence.
Cherry-picking the cheapest listings
Don't only include the bottom of the market. Members spot it. Include a fair spread of genuinely comparable properties.
Treating large dollar increases as automatically excessive
A 25% increase from $450 to $562 may still be at market in a hot suburb. The question is the new rent vs comparables, not the size of the jump.
Paying the new rent before the hearing
If you pay the new rent without protest, it complicates recovery. Pay the old rent and write to the landlord that the increase is disputed.
Ignoring repair issues
Outstanding repairs reduce the lawful rent. Don't separate the issues — bring repair evidence into the rent-increase case under s44(5)(d) state of repair.
Orders NCAT can make
This is the kind of order you can ask for — not a guarantee you'll get it. Frame your application around the order you actually want.
Declaration that the increase is excessive
A formal declaration under s44 that the notified increase is excessive, with reasons.
Fixed maximum rent
An order setting the maximum rent that may be charged from a specified date, often for a period of up to 12 months.
Refund of overpaid rent
Where the increase has already taken effect, an order that the landlord refund the difference between the increase and the rent NCAT fixes.
Order restraining further increase for a period
The landlord cannot issue another increase during the period the fixed rent applies, unless NCAT allows it.
Compensation for breach (where applicable)
Where the increase was given in breach of the RTA (e.g. inside the 12-month cap or without 60 days' notice), compensation orders.
Free help
- Tenants' Union NSW — rent increases factsheet
Plain-English explanation of s44 with sample letters.
- Tenants' Advice & Advocacy Services (TAAS)
Free local advice for tenants.
- NSW Fair Trading — rent increases
Government guidance for tenants and landlords.
- LawAccess NSW — 1300 888 529
Free legal info line, Mon-Fri 9am-5pm.
- realestate.com.au and domain.com.au
Use suburb filters and bed/bath to build your comparables.
- Residential Tenancies Act 2010 (NSW) — s44
The legislation itself — useful to cite at the hearing.
Questions self-reps ask
How often can the landlord increase the rent?
On a periodic tenancy, no more than once every 12 months from the last increase or start of tenancy (RTA s42). On a fixed-term agreement, only if the agreement provides for an increase; if it doesn't, the rent is fixed for the term.
Either way, the landlord must give at least 60 days' written notice (RTA s41) specifying the new rent and the date it applies from.
Is there a cap on how much the landlord can increase the rent?
NSW does not have a percentage cap or rent control. Any amount can be notified, but if the new rent is above market for comparable premises, the tenant can apply to NCAT to declare it excessive under s44.
The Tribunal can then fix a lower amount, and can order a refund if the increase has already taken effect.
What does 'comparable' mean for evidence?
Same suburb, same general property type, similar number of bedrooms and bathrooms, similar size, similar condition, similar features (parking, balcony, lift, garden, view). The closer the match, the stronger the comparable.
Aim for 6 to 10 listings from the last few months, ideally still on the market. Save each as a PDF showing the address, rent and date.
Do I pay the old rent or the new rent while the case runs?
Generally, pay the old rent and put in writing to the landlord that the increase is disputed and you have applied to NCAT under s44. Don't fall into arrears — that opens a separate non-payment termination notice route.
If you've already paid the new rent in error, you can ask NCAT to order a refund of the difference if the increase is declared excessive.
What if the landlord retaliates with a termination notice?
Section 115 of the RTA lets NCAT declare a termination notice retaliatory and set it aside if it was given in response to the tenant exercising a right — applying under s44 squarely counts.
Bring the chronology: the date of the rent-increase notice, the date you applied to NCAT, the date the termination notice arrived. A termination notice landing within weeks of your s44 application is a strong retaliation pattern.
Can NCAT increase the rent above the original notice?
No. The Tribunal can fix the rent at the old rate, the new rate, or anywhere in between — it cannot order a rent higher than the landlord proposed.
So lodging a s44 application has no downside if your comparables are honest. The worst outcome is the increase stands.
Does the same rule apply to social housing?
Social housing rent is set by formula based on income, not market. Disputes about that calculation are handled differently — usually through an internal review by the housing provider first, then NCAT's Social Housing list.
The s44 market-rent test is for private rentals. If you're a social housing tenant disputing a rent calculation, contact your TAAS for the correct pathway.
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NCAT Tracker is not a law firm. This page is information, not legal advice. Figures, fees and statutory periods cited here are current as at 1 July 2025 and are CPI-indexed or amended from time to time — verify on ncat.nsw.gov.au and legislation.nsw.gov.au before you lodge.