Podcast: NCAT still crazy after all these years

I can see tenants trying to challenge “excessive” increases in rentals, but since the yardstick is generally the level of rents for similar properties in that area – not the amount of the increase, or whether or not they can afford it – and they have to do it within 30 days, the only advantage may be that they delay eviction until they’ve had a hearing at the Tribunal.

The risk of them then getting no positive recommendation or even being named on a tenancy “blacklist” may be too severe for most tenants to contemplate.  This is what a Tenants Union factsheet says on the issue:

If the Tribunal finds that a rent increase excessive, it will make an excessive rent order. The order will specify:

• the amount that the rent must not exceed
• the day from which this maximum rent applies – for a period of up to 12 months

When deciding if a rent increase is excessive, the Tribunal will consider:

• rents for similar premises in the same or a similar area (‘general market level of rents’)
• the landlord’s outgoings under the tenancy agreement
• any fittings, appliances or other goods, services or facilities provided with the premises
• the state of repair of the premises
• the accommodation and amenities provided in the premises
• when the last increase was
• any work you have done to the premises
• any other matter it considers relevant

The Tribunal will not consider your income or whether you can afford the increase.