The rental market can be a competitive space, and as a landlord or property manager, you naturally want to gather enough information to make an informed decision about prospective tenants. However, it's crucial to be aware that South Australia has specific regulations regarding the types of questions you can ask and the information you can request in a rental application.

What You CAN Ask

Prospective tenants can be asked to complete a rental application form, which may inquire about their:

• Identity: This includes their full name, date of birth, and other identifying information to verify who they are.
• Contact Details: This includes their current address, phone number, and email address so you can easily communicate with them.
• Likely Occupants: You can ask about the number of people who will be living at the property. However, you cannot ask specifically if children will be residing there, unless the agent/landlord also lives on the premises. You may clarify if the prospective tenant is 18 or over to ensure they are legally allowed to sign the tenancy agreement.
• Previous Rental Details: You can ask about their rental history, including previous addresses and landlords, but you cannot inquire about any past rental disputes.
• Intended Length of Tenancy: You can ask how long they plan to rent the property.

Requests for Financial and Employment Information

When it comes to finances and employment, you're limited to requesting the following:

• Redacted Bank or Financial Statement: You can ask for a bank or financial statement, but ensure that outgoing transactions and bank account numbers are redacted or removed to protect the applicant's privacy.
• Payslip or Employment Confirmation: Request a payslip or a document confirming their employment to assess their income and ability to pay rent.
• Document Relating to Financial Capacity: You can ask for one additional document that directly relates to their financial capacity, such as a Centrelink statement or proof of other income sources.

Document Limits

Notwithstanding the above, a prospective tenant cannot be required to provide:

• More than 2 documents identifying their identity
• More than 2 documents relating to their ability to pay rent
• More than 2 documents relating to their suitability to enter into the residential tenancy agreement

What You CANNOT Ask

Landlords and agents are prohibited from requesting certain information, including details about:

• Past Legal Action: This includes any criminal records or past tenancy disputes, unless subsequent breaches led to a tenancy termination.
• Specific Tenancy Breaches: You cannot ask for details about specific past breaches of tenancy agreements, except if they resulted in the termination of the tenancy.
• Bond Assistance: You cannot inquire if the applicant is seeking financial help for the bond or about any bond guarantor arrangements.
• Past Bonds and Claims: Information about previous rental bonds and potential claims against them is off-limits.
• Housing Trust Tenancy: You are prohibited from asking if the applicant has ever been a tenant with the South Australian Housing Trust.
• Unredacted Financial Statements: You cannot request bank or financial statements without the account number and outgoing transactions redacted or removed.
• Extensive Financial Information: You cannot delve into detailed financial information, such as credit history, loans, or any discharge from bankruptcy.
• Extensive Employment Information: Beyond a payslip or employment confirmation, you cannot request extensive details about their job, including references.
• Medical Records: You absolutely cannot ask for any medical records or information about the applicant's health.
• Social Media: Prying into social media profiles is strictly prohibited.
• Other Personal Information: You also cannot ask for their vehicle registration number, pet microchip number, level of education, or their reason for moving.

Focus on the Present

Remember, the goal is to assess the applicant's current ability to meet the tenancy obligations, primarily rent payment and property upkeep. Avoid questions that delve into irrelevant personal history or discriminatory factors.

Consequences of Non-Compliance

Breaching these restrictions can have serious consequences, including penalties. Therefore it's important to make sure your application processes are compliant to avoid any issues.

Stay Informed

Tenancy laws can change, so it's crucial to stay updated with the latest regulations. If you're unsure about anything, feel free to make contact with our team.

By adhering to these guidelines, you can ensure a fair and transparent tenant selection process while staying on the right side of the law.