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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Sunday, 17 February 2019