Inappropriate questions and discrimination guide

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Under the new rental laws, it will be unlawful for rental providers (landlords) and their agents to ask potential renter to provide certain information in a rental application form.   

What information can’t a rental provider ask for in a rental application? 

A rental application cannot ask a potential renter to provide any of the following information:

  • if a renter applicant has ever had a dispute with or taken legal action against a rental provider
  • the history of a renters bond in a previous rental premises. E.g., whether they have ever had bond deducted by a prior rental provider
  • bank or credit card statements that show transactions made by the renter
  • private information about the renter which is protected in the Equal Opportunity Act 2010. This includes things like a person’s ethnicity, gender identity or disability. 

Who does this apply to? 

This applies to rental applications for residential premises, rooming houses, caravan parks and residential parks. 

Additional information that cannot be asked for in a rooming house application 

A rooming house operator also cannot ask for information about a person's income if they have not been told the proposed rent amount. This does not apply if the rooming house operator is the Director of Housing or a registered housing agency. 

Under the new renting laws, every rental application form must include information that educates people about unlawful discrimination. 

How will this be provided to applicants? 

A statement of information about unlawful discrimination must be included as part of every rental application that a rental provider or their agent asks an applicant to fill out.  

You can download the four statements using the links below:

What information is provided about unlawful discrimination? 

The information includes: 

  • a definition of discrimination 
  • reasons for which a person cannot be unlawfully discriminated against (e.g. age, gender identity, disability) 
  • situations where discrimination may not be unlawful 
  • examples of unlawful discrimination when applying for a rental property 
  • examples of unlawful discrimination when living in or leaving a rental property 
  • where to get help if you believe you have been unlawfully discriminated against. 

Who does this apply to? 

This applies to rental applications for residential premises, rooming houses, caravan parks and residential parks. There is a separate statement on discrimination for rental providers, rooming house residents, caravan park resides and site tenants.  

The new rental laws apply from 29 March 2021.