Can I refuse a rent increase in NSW?

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No, you cannot simply refuse a rent increase in NSW, but you can negotiate or formally challenge it if it is excessive. If you receive a valid notice, you must pay the new amount. However, if you believe the increase is too high, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for an assessment.

NSW Fair Trading - Rent increases
Last UpdatedApril 30, 2026

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How it works in practice

Understanding Rent Increases

In New South Wales, landlords have the right to increase your rent, provided they follow the correct legal procedures. You cannot simply ignore or outright refuse a valid rent increase notice. If you stop paying or refuse to pay the increased amount without taking formal action, you risk falling into rent arrears, which can lead to eviction.

Valid Notice Requirements

For a rent increase to be legally binding, your landlord or agent must give you at least 60 days' written notice. This notice must specify the proposed new rent amount and the exact date it will take effect. If you are on a fixed-term agreement of less than two years, the rent can only be increased if the agreement explicitly states the amount or the method of calculation.

Challenging an Excessive Increase

If you feel the rent increase is unreasonable compared to similar properties in your local area, your first step should be to negotiate with your landlord. If negotiations fail, you have the right to challenge the increase by applying to the NSW Civil and Administrative Tribunal (NCAT). You must submit this application within 30 days of receiving the rent increase notice. NCAT will assess whether the increase is excessive based on market rates and the property's condition.

Important exceptions

There are a few key exceptions where a rent increase is invalid and you do not have to pay it.

If you are on a fixed-term lease of less than two years, the landlord cannot increase the rent unless the lease agreement specifically outlines the exact amount of the increase or the precise method for calculating it.

Additionally, landlords cannot increase rent if they fail to provide the mandatory 60 days' written notice. If the notice is verbal, sent via a text message without mutual agreement for electronic service, or gives less than 60 days' notice, the rent increase is legally invalid and unenforceable.

What you should do now

  1. Check your lease agreement to see if you are on a fixed term or a periodic (rolling) lease to determine if the increase is allowed.

  2. Verify that you received exactly 60 days of formal written notice detailing the new amount and the starting date.

  3. Research comparable rental properties in your local area to determine if the proposed rent increase is in line with current market rates.

  4. Contact your landlord or property manager in writing to negotiate a smaller increase or propose a gradual increase.

  5. Apply to the NSW Civil and Administrative Tribunal (NCAT) within 30 days of receiving the notice if you believe the increase is excessive.

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