Disputing an excessive rent order

When deciding if a rent increase is excessive, a court or tribunal may make an ‘excessive rent order”, which specifies :

• 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 an increase is excessive, the court/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.


To dispute an excessive rent case, gather the following evidence to present at the hearing:

• Look at similar properties in your area (at least 3), take photos, and gather evidence of the rent for the properties

• Refer to the latest Rent and Sales Report from websites which have the average rents in every local government area in your state/territory.

• Make a list of repairs done by you the landlord

• Make a list of all rent increases since the start of the tenancy

• Gather receipts for any work you have had done to the premises and take photos showing the condition of the premises.

• Provide evidence if council and water rates have increased in recent years

• RealRenta dates and time stamps every interaction between you and the tenant and keeps a file for each tenancy.


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Jason Gwerder
Sunday, 17 February 2019

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