sec.57BApplication for residential tenancy

### sec.57B Application for residential tenancy This section applies if a lessor or lessor’s agent requires a prospective tenant to apply for a residential tenancy. However, this section does not apply to a relevant lessor or an agent of a relevant lessor. The lessor or lessor’s agent must require the prospective tenant to apply for the residential tenancy using the required application form. Maximum penalty—20 penalty units. For subsection (3) , the required application form is an approved form that requires only the following information— 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 a party to; the prospective tenant’s current employment; details about the prospective tenant’s income; referees for the prospective tenant; the intended term of the tenancy; any other information prescribed by regulation. The lessor or lessor’s agent must nominate at least 2 ways for the prospective tenant to submit the application. Maximum penalty—20 penalty units. For subsection (5) , at least 1 of the nominated ways must be a way that is not a restricted way. In this section— relevant lessor means— a lessor who receives funding for the premises under the Housing Act 2003 , including, for example, funding for the provision of social housing services; or a lessor who receives funding for the premises that is the subject of a funding declaration under the Community Services Act 2007 ; or a lessor who is the chief executive of the housing department, acting on behalf of the State; or a lessor who is the State, if the tenant is an officer or employee of the State; or a lessor who is the replacement lessor under a community housing provider tenancy agreement; or a lessor prescribed by regulation to be a relevant lessor. restricted way , for submitting an application, means— a way that involves a prospective tenant using an online platform to give personal information to a person, other than the lessor, who— collects the information on behalf of the lessor; and is not a real estate agent; or a way prescribed by regulation to be a restricted way. s 57B ins 2024 No. 27 s 50 (sec.57B-ssec.1) This section applies if a lessor or lessor’s agent requires a prospective tenant to apply for a residential tenancy. (sec.57B-ssec.2) However, this section does not apply to a relevant lessor or an agent of a relevant lessor. (sec.57B-ssec.3) The lessor or lessor’s agent must require the prospective tenant to apply for the residential tenancy using the required application form. Maximum penalty—20 penalty units. (sec.57B-ssec.4) For subsection (3) , the required application form is an approved form that requires only the following information— 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 a party to; the prospective tenant’s current employment; details about the prospective tenant’s income; referees for the prospective tenant; the intended term of the tenancy; any other information prescribed by regulation. (sec.57B-ssec.5) The lessor or lessor’s agent must nominate at least 2 ways for the prospective tenant to submit the application. Maximum penalty—20 penalty units. (sec.57B-ssec.6) For subsection (5) , at least 1 of the nominated ways must be a way that is not a restricted way. (sec.57B-ssec.7) In this section— relevant lessor means— a lessor who receives funding for the premises under the Housing Act 2003 , including, for example, funding for the provision of social housing services; or a lessor who receives funding for the premises that is the subject of a funding declaration under the Community Services Act 2007 ; or a lessor who is the chief executive of the housing department, acting on behalf of the State; or a lessor who is the State, if the tenant is an officer or employee of the State; or a lessor who is the replacement lessor under a community housing provider tenancy agreement; or a lessor prescribed by regulation to be a relevant lessor. restricted way , for submitting an application, means— a way that involves a prospective tenant using an online platform to give personal information to a person, other than the lessor, who— collects the information on behalf of the lessor; and is not a real estate agent; or a way prescribed by regulation to be a restricted way. - (a) the name and contact details of the prospective tenant; - (b) details of any previous residential tenancy agreements or rooming accommodation agreements the prospective tenant has been a party to; - (c) the prospective tenant’s current employment; - (d) details about the prospective tenant’s income; - (e) referees for the prospective tenant; - (f) the intended term of the tenancy; - (g) any other information prescribed by regulation. - (a) a lessor who receives funding for the premises under the Housing Act 2003 , including, for example, funding for the provision of social housing services; or - (b) a lessor who receives funding for the premises that is the subject of a funding declaration under the Community Services Act 2007 ; or - (c) a lessor who is the chief executive of the housing department, acting on behalf of the State; or - (d) a lessor who is the State, if the tenant is an officer or employee of the State; or - (e) a lessor who is the replacement lessor under a community housing provider tenancy agreement; or - (f) a lessor prescribed by regulation to be a relevant lessor. - (a) a way that involves a prospective tenant using an online platform to give personal information to a person, other than the lessor, who— (i) collects the information on behalf of the lessor; and (ii) is not a real estate agent; or - (i) collects the information on behalf of the lessor; and - (ii) is not a real estate agent; or - (b) a way prescribed by regulation to be a restricted way. - (i) collects the information on behalf of the lessor; and - (ii) is not a real estate agent; or