As a landlord, you can choose the applicant you believe is most suitable for your property, but your decision must comply with anti-discrimination and residential tenancy laws.
When comparing applications, focus on relevant factors such as:
- The applicant's ability to pay the rent
- Rental history and references
- Information you're legally permitted to request and verify
- Other relevant requirements of the tenancy
You must not reject an applicant, apply different conditions or otherwise treat someone unfairly because of a protected personal characteristic. Depending on the state or territory, these can include characteristics such as race, sex, age, disability, pregnancy, marital or relationship status, family or parental status, sexual orientation, gender identity and religious belief.
Discrimination can also be indirect. This can occur where the same rule is applied to everyone but unreasonably disadvantages people with a protected characteristic.
A good approach is to:
- Use consistent and relevant criteria when comparing applicants
- Avoid making assumptions based on someone's personal circumstances or appearance
- Only request information you're legally permitted to collect
- Keep your decision focused on the applicant's ability to meet the requirements of the tenancy
The discrimination and rental application rules vary between states and territories, so check the current requirements for the state or territory where your property is located.
For more information, see our How to Screen a Tenant Application and Checking References and Rental History guides.