Residential parks division

If a residential park resident believes that a proposed rent increase is too high and they have been unable to negotiate with the park owner, they may apply to the CTTT for orders that the proposed rent increase is excessive.

Applying to the CTTT

A park resident may apply to the CTTT for an order that the proposed rent increase is excessive under section 55 of the Residential Parks Act 1998.  The application must be lodged no later than 30 days after receiving the notice of rent increase.

If a rent increase notice is not valid, or the notice was not served correctly, the park resident may apply under section 54 of the Act within 12 months for a rent refnd.

Park residents may also seek an order that the rent is excessive under section 56 of the Act if there has been a reduction or withdrawal of goods, services or facilities provided by the park owner, including common facilities.

Lodge your Application online or download an Application form.

Conciliation and hearing

Residential park applications for excessive rent increase orders are listed for conciliation and hearing at a location as close to the residential park as possible.  Where a number of residents have made applications about the same rent increase notice, all applications will be listed at the same time.

Learn more about the CTTT's Conciliation and Hearing processes.

Representation

A group of park resident applicants may also wish to appoint a person as their spokesperon or representative.  Written authority for the person to act or speak on behalf of all residents should be included with the application.

If a park owner wishes to be represented by another person, that person must be authorised to do so.

Learn more about Representation.

Determination of excessive rent increase applications

Section 57 of the Residential Parks Act 1998 prescribes the factors that may be taken into account when the CTTT determines excessive rent incres applications.  These include:

• The general market level of rents for comparable premises in the same residential park or other parks in the locality or a similar locality
• A movement in a general price index, such as the Consumer Price Index (CPI)
• The value of the residential premises
• Past rent increases in the park and when they occurred
• The accommodation and amenities provided, their state of repair and general condition of the premises
• The value and nature of any fittings, appliances or other goods, services and facilities provided with the premises
• The estimated cost of any services provided by the park owner
• The amount of any outgoings paid by the park owner in respect of the premises
• Details of any work done to the premises by or on behalf of the resident with the park owner's consent
• Conduct of the parties (for example, previous discussions or agreements you may have had).

A rent increase which is less than the increase in the Sydney CPI for the period involved may not be determined to be excessive unless goods, services or facilities have been withdrawn or reduced.