Residential Tenancies Act 1987

A tenant under a residential tenancy agreement may apply to a competent court for an order declaring that the rent payable in respect of the premises is excessive.

An application under subsection (1) must be made not more than 30 days, or any greater period as the court thinks fit having regard to the justice and merits of the case, after —

the tenant has received notice of —

an increase in the rent payable; or

a change in the method of calculating rent that results in an increase in the rent payable;

there has been, without any default on the part of the tenant, a significant reduction in the chattels or facilities provided with the premises.

An application under subsection (1) may be made despite the fact that the tenant has paid, or agreed to pay, the rent to which the application relates.

The court shall, in determining whether or not the rent payable in respect of the premises is excessive, have regard to —

the general level of rents for comparable premises in the locality or a similar locality; and

the estimated capital value of the premises at the date of the application; and

the amount of the outgoings in respect of the premises required to be borne by the lessor under the agreement; and

the estimated cost of any services provided by the lessor or tenant under the agreement; and

the value and nature of the chattels provided with the premises for use by the tenant; and

the accommodation and amenities provided in the premises and the state of repair and general condition thereof; and

any other relevant matter.

Where a court determines on an application under this section that the rent payable in respect of the premises is excessive, it may, having regard to the justice and merits of the case, order that from a specified day, which may be a day earlier than the date of the application by the tenant, the rent payable in respect of the premises under the residential tenancy agreement shall not exceed a specified amount.

An order made by a court under subsection (4) has effect until the expiration of the tenancy of the person who applied for the order or of such period not exceeding 6 months as is fixed by the court commencing on the day on which the order is made, whichever is the earlier.

A court may, upon application by the lessor of any premises in respect of which an order under this section has been made, if satisfied having regard to the matters set out in subsection (3) that it is just to do so, vary or revoke the order.

A person shall not demand or receive any rent in respect of premises of an amount that exceeds the amount fixed by an order under this section in respect of the premises.