The Residential Tenancies Authority (RTA) provides best practice guidelines to help you confidently navigate the application process.
Application form
Property managers/owners must use a standardised tenancy application form as outlined under Queensland tenancy law:
- Rental application (Form 22) for general tenancies and moveable dwelling agreements
- Rental application – Rooming accommodation (Form R22) for rooming accommodation.
Property managers/owners may use their own application form if it complies with the relevant provisions of the Residential Tenancies and Rooming Accommodation Act 2008 (the Act) and regulations.
It is the responsibility of property managers/owners to ensure their application form is compliant. Non-compliance is an offence with a maximum penalty of 20 penalty units.
If an application has more than one prospective tenant/resident, each prospective tenant/resident can complete a separate application form.
Exemptions: Application form requirements for residential tenancies do not apply to relevant lessors for general tenancy agreements only. The Act outlines who qualifies as a relevant lessor.
Application submission
Property managers/owners must provide at least 2 different ways for prospective tenants to submit their applications. One of the ways must not be restrictive. The maximum penalty for non-compliance is 20 penalty units.
Restrictive ways refer to:
- where a prospective tenant is required to provide their personal information through an online platform to someone who is not the property manager/owner, but who is collecting the information on behalf of the property manager/owner, and
- a method that incurs a cost to the prospective tenant, such as an application fee or the cost to conduct a background check.
If the application form is available online or via email, and a prospective tenant provides their personal information directly to a property manager/owner (not a third-party acting on behalf of a property manager/owner), it is not considered a restrictive way under the Act.
The Act does not prohibit the use of online third-party platforms for applications. However, a property manager/owner must offer at least one other way that is not restricted for prospective tenants to submit their applications.
Property managers/owners should document communication, submission methods, and steps taken to offer options for submitting the application. This may include emails and written confirmations from prospective tenants. They should maintain a record of the available submission methods for each property, either digitally or physically, to ensure that at least 2 methods are offered in compliance with relevant requirements.
What information can be requested during the application process?
There are restrictions to what information and supporting documents can be requested by a property manager/owner during the rental application process. The questions on the standardised tenancy application form are the only questions a property manager/owner is allowed to ask prospective tenants during the application stage.
The information that can be requested from a prospective tenant in an application is limited to:
- the name and contact details of the prospective tenant
- details of any previous residential tenancy agreements or rooming accommodation agreements the prospective tenant has been part of
- the prospective tenant’s current employment
- details about the prospective tenant’s income
- referees for the prospective tenant
- the intended term of the tenancy, and
- any other information prescribed by regulation which includes:
- the prospective tenant’s/resident’s date of birth
- the number of tenants/residents intended to reside in the premises
- the number of tenants/residents intended to reside in the premises who are under 18 years
- the number and type of vehicle/s (boats, caravans, heavy vehicles, trailers and other motor vehicles) intended to reside in the premises
- financial ability to pay rent
- the number and type of pet/s intended to be kept at the premises if approved by the property manager/owner.
Property managers/owners cannot request certain information, specifically:
- evidence of legal actions taken by the prospective tenant, including disputes or matters considered by a tribunal
- any Notice to remedy breach (Form 11) or Notice to remedy breach (Form R11) either issued to or by the prospective tenant
- the prospective tenant's history regarding rental bonds, including any claims made
- any statements that detail a potential tenant's credit or bank account transaction history.
It is an offence to request additional personal information from prospective tenants. The maximum penalty for non-compliance is 20 penalty units.
What supporting documentation can be requested during the application process?
Property managers/owners can request up to 2 documents from each of the following categories to support the tenancy application:
- documents proving the prospective tenant's identity;
- documents showing the prospective tenant's financial ability to pay rent;
- documents assessing the prospective tenant's suitability for the rental.
Note: If a prospective tenant is asked to provide a bank statement, the document should only show their name, address, and the account balance. If the applicant voluntarily provides the full document without details removed, the property manager/owner is allowed to accept the document.
Documents proving identity
The Act does not provide a definition of what an identity document is. However, the purpose of identity documents is to verify a prospective tenants' identity. These are generally documents issued by a government body such as passports, driver’s licenses, birth certificates, and other personal identity items.
When proving identity, a prospective tenant can either:
- provide a copy of the original identity document, or
- allow the property manager/owner to access or see the original identity document.
If the property manager/owner sees the applicant’s identity document in person, the property manager/owner may take notes related to the document. These may include that the document was sighted, the document type and its number. Only information that is reasonably necessary for assessing the applicant’s suitability should be recorded.
Making a physical or electronic note when viewing the document does not count as ‘keeping a copy’. However, taking a photocopy, scan or photograph of the original identity document is considered ‘keeping a copy’, which can only be done with the applicant’s consent.
Keeping a copy of an identity document without the applicant’s consent is an offence under the Act with a maximum penalty of 20 penalty units.
Documents showing financial ability to pay rent
Documents that can be used to verify a prospective tenant's ability to pay rent may include pay slips, bank statements and other financial documents.
If a prospective tenant is not receiving regular income (e.g. self-employed, casual, freelance), they may include other documents supporting their financial ability to pay rent, like:
- pay slips from previous employment
- bank statements (without transaction details) to demonstrate proof of savings or assets
- Centrelink payment statements/letters
- proof of savings or assets.
Documents assessing suitability for the rental
A prospective tenant can offer additional information or documentation outside the prescribed list under the Act or regulation. A property manager/owner can also accept any additional personal information or documentation that the prospective tenant voluntarily shares. The Act does not prohibit this.
Storage and destruction of personal information
Property managers/owners must ensure that all personal information and records collected during the application process are securely stored and destroyed in compliance with legislative requirements. Documents must be securely destroyed:
- after 3 months for unsuccessful applicants
- 7 years after a tenancy ends for tenants.
The maximum penalty for non-compliance is 20 penalty units.
For more information, please read our Personal information webpage.
Disputes during the application process
The Act governs the relationship between a tenant and property manager/owner during the tenancy agreement, not during the application process.
The RTA is unable to conciliate disputes regarding the rental application process. However, the RTA can investigate any breaches of the Act that occur during the application process where an offence may have been committed. If you believe an offence has occurred during the application process, please complete an Investigation request form.
Discrimination in accommodation
If an applicant believes they are unlawfully being discriminated against, they should contact the Queensland Human Rights Commission.
The Commission handles complaints of discrimination, including those based on race, gender, age, disability, relationship status, sexuality, and other protected attributes under the Queensland Anti-Discrimination Act 1991. The Commission can provide guidance on how to file a complaint and assist in resolving issues related to unlawful discrimination.