RESIDENTIAL TENANCIES ACT 1995 - SECT 56

RESIDENTIAL TENANCIES ACT 1995 - SECT 56

56—Excessive rent

        (1)         The Tribunal may, on application by a tenant, declare that the rent payable under a residential tenancy agreement is excessive.

        (2)         In deciding whether the rent payable under a residential tenancy agreement is excessive, the Tribunal must have regard to—

            (a)         the general level of rents for comparable premises in the same or similar localities; and

            (b)         the estimated capital value of the premises at the date of the application; and

            (c)         the outgoings for which the landlord is liable under the agreement; and

            (d)         the estimated cost of services provided by the landlord and the tenant under the agreement; and

            (e)         the nature and value of furniture, equipment and other personal property provided by the landlord for the tenant's use; and

            (f)         the state of repair and general condition of the premises; and

            (fa)         the estimated cost of goods and services provided under any domestic services agreement collateral to the residential tenancy agreement; and

            (fb)         if the rent was purportedly increased under section 55(2a)—whether the tenant was put under undue pressure to agree to the increase; and

            (g)         other relevant matters.

        (3)         If the Tribunal finds, on an application under this section, that the rent payable under a residential tenancy agreement is excessive, the Tribunal may, by order—

            (a)         fix the rent payable for the premises and vary the agreement by reducing the rent payable under the agreement accordingly; and

            (b)         fix a date (which cannot be before the date of the application) from which the variation takes effect; and

            (c)         fix a period (which cannot exceed one year) for which the order is to remain in force.

        (4)         The Tribunal may, on application by the landlord, vary or revoke an order under this section if satisfied that it is just to do so.

        (5)         If, while an order remains in force under this section, a landlord asks for or receives rent for the premises to which the order relates exceeding the amount fixed by the order, the landlord is guilty of an offence.

Maximum penalty: $25 000.

Expiation fee: $1 500.