The rental application

In NSW

When you find a house or flat you may be asked by the real estate agent to fill out an application form and to pay a reservation fee.

The application form will ask questions about your address, work, previous renting situation and to supply the names of people that will give you a reference. You cannot be forced to fill out this form but if you don't, you may not be considered for the tenancy.

The reservation fee will usually be one week's rent and reserves the place you're thinking of renting while your application is being processed. This usually takes one week. Paying a reservation fee does not guarantee that your application will be successful. It just means that the agent will not accept another reservation fee from someone else until a decision is made on your application. The landlord or agent must give you a receipt when they take your reservation fee.

If the real estate agent decides not to accept your application or if they don't make a decision within one week, the reservation fee must be refunded to you. If the agent refuses to do this you may apply to the Consumer, Trader and Tenancy Tribunal seeking an order for the agent to return the money.

If you decide not to accept the tenancy and the house was vacant then the agent can keep part of the reservation fee to cover the rent that they missed out on.

The reservation fee will become part of the first week's rent if you accept the tenancy.

In Victoria

When you find a house or flat you may be asked by the real estate agent to fill out a Residential Tenancy Application form. No fees can be charged for this application.

The application form will ask questions about your address, work, previous renting situation and to supply the names of people that will give you a reference. You cannot be forced to fill out this form but if you don't, you may not be considered for the tenancy.