How much notice must a landlord give before increasing rent in New South Wales?
In New South Wales, a landlord must give you at least 60 days' written notice before increasing your rent. This rule applies to periodic leases (rolling contracts). The notice must clearly state the proposed new rent amount and the exact date the increase begins. If the notice is inadequate, you do not have to pay the higher rent.
Was this helpful?
How it works in practice
Rules for Rent Increases
Under NSW law, rent increases are strictly regulated to protect tenants from sudden financial strain. For a periodic agreement, which is a lease without a fixed end date, landlords must provide a minimum of 60 days' written notice before any rent increase can take effect.
This notice must be given correctly in writing, specifying both the new rent amount and the exact date it becomes payable. A verbal notice or a text message is typically not legally sufficient.
Fixed-Term Agreements
If you are currently on a fixed-term lease of less than two years, the rent can only be increased if the tenancy agreement already contains a specific clause allowing it. This clause must clearly state either the exact amount of the increase or the precise method for calculating it.
Even when a fixed-term agreement includes this specific provision, the landlord is still legally required to provide the standard 60 days' written notice.
Disputing an Increase
If you believe the proposed rent increase is excessive, you have the right to negotiate with your landlord. If negotiations fail, you can apply to the NSW Civil and Administrative Tribunal (NCAT) within 30 days of receiving the notice. NCAT will assess whether the new rent is fair based on comparable market rates in your local area.
Important exceptions
There are specific exceptions depending on the type and duration of your lease.
If you are on a fixed-term agreement of two years or more, the rent can be increased at any time during the term, but only once in any 12-month period, and the landlord must still provide 60 days' notice.
For social housing tenants, the 60-day notice period does not apply if the rent increase is strictly tied to a change in the tenant's assessable income.
Finally, rent can be increased without the standard 60-day notice if the landlord and tenant mutually sign a new tenancy agreement.
What you should do now
-
Read the written notice carefully to check if it clearly states the new amount and the start date.
-
Calculate the notice period to ensure it is at least 60 days from the date you received it.
-
Review your tenancy agreement to confirm if rent increases are legally permitted under your current lease terms.
-
Research comparable rental properties in your local suburb to determine if the proposed new rent is fair market value.
-
Apply to the NSW Civil and Administrative Tribunal within 30 days if you believe the increase is excessive.
Expert Notes
No expert notes have been added to this question yet.
People also asked
Explore related questions verified by our team.