23Limit on amounts payable by tenant before agreement

23 Limit on amounts payable by tenant before agreement

23 Limit on amounts payable by tenant before agreement

(1) A person must not require or receive from a tenant, before or when the tenant enters into the residential tenancy agreement, a payment other than the following—

(a) a holding fee,

(b) rent,

(c) a rental bond,

(d) an amount for the fee, if any, payable for registration of a residential tenancy agreement under the Real Property Act 1900.

Maximum penalty—20 penalty units.

(2) Without limiting this section, a person must not require or receive from a tenant an amount for—

(a) the preparation of a written residential tenancy agreement, or

(b) the conduct of a background check.

Maximum penalty—20 penalty units.

(3) To avoid doubt, this section applies in relation to a tenant whether or not the tenant—

(a) applies for tenancy of the residential premises, or

(b) enters into a residential tenancy agreement for the residential premises.

Note—

A tenant is defined in this Act as including a prospective tenant.

s 23: Subst 2024 No 75, Sch 1[5].