Information for the rental provider or their agent
1 Application form
Rental providers and agents must use a standardised residential rental application form which complies with the Act and the Residential Tenancies Regulations 2021 ("the Regulations").
2 Rental auctions and bidding
Rental auctions and rental bidding are prohibited under the Act. The rented premises must be advertised or offered for a fixed amount and rental providers and agents must not:
(a) solicit or otherwise invite an offer of an amount of rent that is higher than the fixed amount; or
(b) accept an unsolicited or uninvited offer of an amount of rent that is higher than the fixed amount.
3 No application fees
A rental provider or their agent must not charge the applicant any fees for this application.
4 Request for information from applicants
A rental provider or their agent must only ask applicants for the information set out in this form.
Applicants must not be asked to provide information that is not on this application form.
5 Privacy notifications
A rental provider or their agent must provide applicants with all notifications in relation to privacy and personal information as required by law. Such notification must only contemplate use of the personal information for the purposes of processing this rental application.
6 Personal information not to be used for other purposes
The personal information provided in this form is confidential. A rental provider or their agent must not use the applicant's information other than to assess the applicant's suitability as a renter or in accordance with any other requirement of the Act. A rental provider or their agent may commit an offence if they do not take reasonable steps to protect the applicant's information from misuse or loss, and unauthorised access, modification or disclosure.
7 Protection of applicant's information from misuse, interference or loss
A rental provider or their agent must take reasonable steps to protect the applicant's information from misuse or loss and unauthorised access, modification or disclosure.
8 Applicant to discuss alternative documentation if needed
If an applicant does not have documents requested in this form, the applicant may discuss with the rental provider or their agent what other documentation may be suitable.
9 Residential tenancy databases
A rental provider or their agent may use residential tenancy databases to check an applicant's rental history. If a rental provider or their agent uses a residential tenancy database to check an applicant's rental history, the database must be disclosed in this Form.
Under section 439D(2) of the Act, if personal information about the applicant is in the database, the rental provider or their agent must, as soon as possible, but within 7 days after using the database, give the applicant a written notice stating the name of the database, the personal information about the applicant in the database, the name of each person who listed the personal information in the database, and how and in what circumstances the applicant can have the personal information removed or amended.
Failure to comply with section 439D(2) of the Act is an offence.
10 Applicant's information to be destroyed or de identified
If the application is successful, the rental provider or their agent must destroy or permanently de identify the applicant's information within 3 years after the applicant's residential rental agreement terminates.
If the application is unsuccessful, the rental provider or their agent must destroy or permanently de identify the applicant's information within 30 days after the property is leased, or within 6 months if they have received written consent from the applicant to use the information to apply for other premises.