Checking a Rent Increase Notice

The agent emailed me the notice yesterday. They are asking for $650 a week from next month instead of $580. My agreement has expired, but I am still living there. I have brought copies of the notice and the agreement with me.

What an examiner checks here:

• Agent emailed the notice yesterday
• Increase starts next month
• Weekly rent rises from $580 to $650
• Agreement expired but tenant still lives there
• Copies of notice and agreement brought along

Easy to miss: The rent changes from $580 to $650 per week, not per month.

Yes, I agreed in writing in the agreement to receive notices by email. The last rent increase was eighteen months ago. But if they gave me the notice yesterday and increase the rent from next month, that is not sixty days, is it?

What an examiner checks here:

• Written consent in agreement to receive notices by email
• Last rent increase eighteen months ago
• Notice given yesterday
• Increase starts next month
• question: whether that falls short of sixty days

Easy to miss: Preserve the question challenging the notice period and the eighteen-month rent history.

All right, I will keep paying my current rent until we check it today. The agent says rents have gone up for all the homes in Ryde. But I have seen advertisements for two nearby flats of the same size, and both have lower rents than this. Water is also coming in through my window.

What an examiner checks here:

• Continue paying current rent until today's check
• Agent says rents increased for all homes in Ryde
• Advertisements for two nearby flats
• Both flats are the same size as tenant's flat
• Both advertised rents are lower than this amount
• Water also comes in through tenant's window

Easy to miss: Both comparable flats have lower advertised rents, and the leak is through the window.

Yes, I have photos of the water coming in and the messages I sent requesting repairs on my phone. I would like to negotiate first. Could you help me write a letter asking for the rent to be reduced? If they do not agree, how long do I have to apply to NCAT?

What an examiner checks here:

• Photos of water entering are on phone
• Messages sent requesting repairs are on phone
• Wants to negotiate first
• question: help writing a letter requesting lower rent
• question: deadline to apply to NCAT if they do not agree

Easy to miss: The NCAT deadline is asked about conditionally, if negotiations do not produce agreement.

I understand. The thirty-day deadline will not be extended just because negotiations are ongoing. It is convenient to get to work from here, so I do not want to move out. Even if the notice is valid, if the rent is far too high, I will need help applying.

What an examiner checks here:

• Understands negotiations do not extend thirty-day deadline
• Location is convenient for commuting to work
• Does not want to move out
• May apply even if notice is valid
• Needs application help if rent is far too high

Easy to miss: A valid notice does not remove the tenant's concern that the rent may be excessive.

All right. Here are the notice and the agreement. I also have bank statements showing my rent payments on my phone. Let us look through all of these first, then prepare the letter. I will also save the flat advertisements and the photos of the window.

What an examiner checks here:

• Hands over notice and agreement
• Bank statements showing rent payments are on phone
• Review all documents first
• Prepare letter afterwards
• Will save flat advertisements and window photos

Easy to miss: The bank statements are on the phone, while the notice and agreement are being handed over.