Rent increases – better legal protections for tenants

As well as being a financial problem for tenants, rent increases are a legal problem too.

Under the current NSW law, landlords initiate the legal process for increasing the rent, but tenant bear the onus of proving that a rent increase is excessive. The evidence necessary to discharge this onus is generally in the hands of the landlord. As a result, tenants have great difficulty in successfully pursuing these proceedings.

The Tenants' Union believes that where a landlord has given a notice to increase the rent, and the Consumer, Trader and Tenancy Tribunal is to determine whether the increase is excessive, it is appropriate that the landlord should bear the onus of proving that the increase is not excessive.

We also believe that it is appropriate to limit the frequency of rent increases to not more than once in 12 months. This would not unduly restrict landlords, and would give all tenants a little more certainty about their finances.