Anti Discrimination

The problem

Landlords and real estate agencies are in some cases allowed to ask questions as part of the tenancy application process which can be used to discriminate a tenant, based upon their legal life-style choices.

Whilst a savvy landlord or real estate agency would not likely disclose these discriminatory reasons for application refusal (for fear of litigation), it would be unwise to assume this does not occur behind closed doors.

The point is this:

If questions on the tenancy application form should hold no bearing on the financial decision making process of approving a tenants application, why should they be asked at all?

For example, landlords and real estate agencies would argue that knowing how many children an applicant has, the marital status of the applicant and/or pets being members of the family - form part of the decision-making and approval process.

The fact is, it should not be left to the discretion of landlords and real estate agencies to decline or choose a more preferable applicant based on the applicant's legal life-style choice. Applications for tenancy should be judged on the financial capacity, credit worthiness and rental history of the applicant, rather than their legal life-style choices.

If an applicant would otherwise have been approved, these kinds of legal life-style choices should have no impact on the outcome of the tenancy application.

The Solution

Tenant Rights will address clearly discriminatory based questions in tenancy applications by including provisions in the National Residential Tenancies Act (see National Tenancy Body), which disallows any legal life-style based questions that should not impact an otherwise successful tenancy application.

Please read about our National Tenancy Body and Housing Affordability campaigns. We need you to join the fight for tenant rights!


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