What can a landlord legally ask on a NSW rental application?

A landlord can ask for your rental history, employment details, income evidence, referees, and identity — but they cannot lawfully ask questions that would let them screen you out on protected grounds such as race, disability, pregnancy, or family status.

Two separate legal frameworks apply here. The Residential Tenancies Act 2010 covers what landlords can charge you during the application process and what they must disclose to you. Anti-discrimination law (both NSW and Commonwealth) covers what questions they can ask about you as a person. Both apply at the same time.

What landlords can legitimately ask for

Most rental applications in NSW follow a similar pattern. They ask for things that help a landlord assess whether you can pay rent and whether you will look after the property.

These are the kinds of questions and documents that are legitimate:

• Your identity — full name, contact details, a form of photo ID to verify who you are.
• Rental history — previous addresses, the names of landlords or agents, how long you lived there, and whether you left in good standing.
• Employment and income — your employer’s name and contact details, recent payslips, or an employment contract. For self-employed applicants, tax returns or bank statements are common alternatives.
• Character references — names and contact details for people who can speak to your reliability.
• Reason for moving — a short explanation of why you are looking for a new place.

None of these categories raise anti-discrimination concerns on their own. They relate to your ability and likelihood of meeting the terms of a tenancy agreement.

What landlords cannot lawfully ask about

Anti-discrimination law in Australia — including both NSW law and Commonwealth law that applies in NSW — makes it unlawful to discriminate against a person in connection with accommodation. That includes refusing or not considering a rental application. Landlords cannot ask questions that are designed to find out about, or that would tend to reveal, a protected characteristic.

The commonly recognised protected grounds include:

• Race, ethnicity, or national origin — where you or your family come from.
• Sex — this includes pregnancy and breastfeeding.
• Marital or domestic status — whether you are married, single, in a de facto relationship, or divorced.
• Sexual orientation — including same-sex relationships.
• Age — although age is sometimes relevant for income verification (e.g. confirming employment or superannuation), a landlord cannot refuse you simply because of how old you are.
• Disability — a physical, intellectual, psychiatric, or other impairment. This includes whether you have an assistance animal.
• Carer’s responsibilities — whether you care for a child or other person.
• Transgender or intersex status.
• Religion or political views — these are covered under Commonwealth anti-discrimination protections rather than NSW law specifically, but complaints against a landlord’s conduct on these grounds are still available.

A landlord who screens applications on any of these grounds is not simply being rude. It is unlawful conduct, and you have a right to complain.

There are some narrow exceptions to anti-discrimination law in accommodation. It is generally not unlawful to discriminate in a shared house where the owner or their close relative lives on the premises and there are no more than 6 people living there. Exceptions can also apply to accommodation designed to meet the specific needs of a particular group — for example, women’s refuges or aged-care facilities. And if a property is genuinely not suitable for children (a studio in an adults-only retirement complex, say), a refusal on that basis is more defensible. These exceptions are specific and cannot be used as a general screening tool.

What you are required to disclose — and what is up to you

The Residential Tenancies Act 2010 does not contain a provision requiring you, as a prospective tenant, to disclose personal facts about yourself. There is no statutory checklist of things you must volunteer.

The Act’s disclosure obligations run the other way. Under section 26, it is the landlord who must disclose certain material facts to you before you sign — things like a pending sale, a mortgagee taking possession action, flood or bushfire history, or serious health and safety risks.

You may choose to volunteer information that strengthens your application. Many applicants include a cover letter explaining their situation. That is your choice, not a legal requirement.

One important caution: if you do answer questions on an application, you should answer them honestly. If a landlord later discovers that material information you provided was false — for example, a fabricated rental reference or a false employment claim — that could constitute a breach of the tenancy agreement and potentially give grounds for termination. Honesty protects you; dishonesty on an application can come back later.

Documents landlords commonly request — and what’s reasonable

Asking for supporting documents is normal and legitimate. But some requests go further than they need to.

Reasonable requests include photo ID (one or two forms), a rental ledger from your previous tenancy, recent payslips (usually two or three), and names and contact numbers for references.

Potentially excessive requests include full unredacted bank statements showing your transaction history in detail. While a landlord may need to verify your income, you are entitled to redact transaction descriptions from a bank statement before providing it — the balance and regular deposits are what matter, not where you spend your money. You can offer to show income without disclosing everything.

Some landlords ask for social media login details or access to your social media accounts. This has no lawful basis. There is no provision in the Residential Tenancies Act 2010 that entitles a landlord to your social media access, and asking for it likely raises privacy concerns.

Coming change to watch (not yet law): In June 2025, the NSW Government introduced the Residential Tenancies Amendment (Protection of Personal Information) Bill 2025 to place formal limits on the personal information landlords and agents can collect from applicants, to introduce a standard rental application form, and to require destruction of applicants’ data once a property is leased. The bill passed the Legislative Assembly in October 2025 and is currently before the Legislative Council, where it was referred to a parliamentary committee inquiry in February 2026. It is not yet law, and the standard form has not been finalised. Until the bill is passed, assented and proclaimed to commence, the framework described above (anti-discrimination law plus general privacy principles) is what applies to rental applications in NSW.

One more thing: if a landlord or agent uses a tenancy database to check your rental history, section 211 of the Act requires them to tell you in writing — within 7 days — if they found personal information about you on that database. The notice must explain what was found, who listed it, and how you can challenge or request a copy of it.

If a tenancy database record affects your application

Before or during your application, a landlord or agent may search a tenancy database — sometimes called a “blacklist” — to check your rental history. Under section 211, if they find something on the database, they must tell you.

You have a right to request a free copy of your own record from any tenancy database operator or from the landlord who listed you. Section 216 requires them to respond to a written request within 14 days. No fee can be charged.

Listings can only be made in limited circumstances under section 212, and they must be removed after three years under section 218. If you believe a listing is wrong or unfair, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order to correct or remove it under section 217.

What to do if you think you were discriminated against

If you believe a landlord or agent refused your application — or asked questions — based on a protected characteristic, you can take action.

Start by documenting what happened. Keep a copy of any written application form, any email or text exchange, and any notes about what was said verbally (including the date and who said it).

Then contact Anti-Discrimination NSW to make a complaint. Anti-Discrimination NSW handles complaints about unlawful discrimination in accommodation. The complaint process is free and you do not need a lawyer to start one. You can reach them at antidiscrimination.nsw.gov.au.

If the issue also involves a breach of the Residential Tenancies Act — for example, a landlord charged you a prohibited fee under section 23 — you can contact NSW Fair Trading separately, or call the NSW Fair Trading helpline.

For free legal advice, LawAccess NSW (1300 888 529) can help you understand your options. If you are in housing stress, the Tenants’ Advice and Advocacy Service (TAAS) can provide more intensive support at no cost.

Related protections at the start of a tenancy

A few related protections are worth knowing about while you are in the application process.

Holding fees: If a landlord approves your application and asks you to secure the property, they may ask for a holding fee. Under section 24, this cannot exceed one week’s rent. It can only be collected after your application has been approved — not before. The landlord must give you a written receipt.

Pre-agreement charges: Under section 23, a landlord cannot charge you anything before you sign a tenancy agreement other than a holding fee, rent, and a rental bond. They cannot charge you for preparing a written agreement, and they cannot charge you for conducting a background check. Receiving such fees is a breach of the Act.

Bond: Under section 159(2), a landlord cannot require you to pay a rental bond before you have signed the residential tenancy agreement. Do not pay bond to secure a property before contracts are exchanged.

No security beyond bond: Under section 160, a landlord cannot require anything other than the rental bond as security for your performance of the tenancy agreement.

Information statement: Under section 26(4), the landlord or agent must give you an information statement in the approved form (published by NSW Fair Trading) before you sign. This sets out your basic rights as a tenant.

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If something in your rental application process felt wrong — a question that crossed a line, a fee you were asked to pay, or a rejection with no clear reason — you have real protections. Document what happened while the details are fresh. The complaint pathways are free, and you do not need to accept treatment that the law does not permit.