— And Why That Matters for You as a Property Owner
Published by Wilsons Warrnambool & District Real Estate
If you’ve rented a property through us in recent years, you may have noticed that the application process looks and feels a little different to what it used to be. As your property manager, we want to be completely transparent about why; because understanding the rules we operate under, helps you understand the decisions we make on your behalf.
The short version: Victorian rental law has changed significantly, and as of 31 March 2026, there are strict limits on what we are legally permitted to ask a prospective renter – both on a written application and during any conversations we have. Some of those limits may surprise you.
The Prescribed Application Form
Under the Residential Tenancies Act 1997 (Vic), as amended by the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, we are now required to use a standardised, prescribed rental application form (Form 3A, available through Consumer Affairs Victoria).
This isn’t a form we’ve chosen – it’s a form we’re legally required to use. And critically, we are not permitted to ask for, collect, or consider any information about a prospective renter that is not specifically included in that form. Not on the form, not in a separate document, not verbally during an inspection.
So what does the form cover? In broad terms, it captures:
- The applicant’s personal details and contact information
- Proof of identity
- The number of proposed occupants
- Current and previous rental history (address and rental provider contact)
- Employment and income – verified through supporting documents such as payslips or tax returns
- Personal references (those provided by the applicant)
- The proposed tenancy start date and length of term
That may sound reasonable. But the restrictions sit in what it deliberately doesn’t include – and what we therefore cannot explore.
What We Are No Longer Able to Ask
Here is where we need to be honest with you about the limitations we operate within:
Pets. We cannot ask whether a prospective renter has pets, or intend to keep pets, at the application stage. Under current Victorian law, rental providers cannot refuse a pet application without a VCAT order- and the topic of pets is not permitted to enter the conversation until after a tenancy is offered and a formal pet request is made. We understand this is a significant concern for many property owners, particularly those with gardens, carpeted floors, or properties with owner’s corporation by-laws. We share that concern. But the law is clear on this point.
Children and dependants. We cannot ask how many children an applicant has, whether they have dependants, or make any inquiry about family composition. Discrimination on the basis of family status or parental responsibility is prohibited under the Equal Opportunity Act 2010 (Vic).
Bond claim history. We cannot ask whether a claim has ever been made against an applicant’s rental bond. This has historically been one of the most useful indicators of tenancy risk – and it’s now off the table.
Extended background inquiries. We cannot contact an employer directly or conduct informal reference checks beyond the references the applicant has chosen to supply. Any verification of employment and income must work from documents, not from calls we initiate.
Social media, personal circumstances, and lifestyle. We cannot ask about social media profiles, relationship status, religion, nationality, or any other attribute protected under anti-discrimination law – even in casual conversation at an open for inspection.
Anything outside the prescribed form. This is the catch-all. If it’s not on Form 3A, we cannot ask for it, use it, or give it any weight in our assessment.
Why These Laws Exist
We want to be fair in how we explain this. The intent behind these reforms is to reduce discrimination in the rental market. Historically, some prospective renters have faced rejection not because of anything to do with their ability to pay rent or care for a property – but because of how many children they have, what they look like, their background, or their lifestyle. That’s a real and documented problem, and the legislation is a genuine attempt to address it.
We respect that intent. What we’re raising here is not a complaint about the policy – it’s an honest account of what it means in practice for you as a rental property owner, so you’re not left wondering why we didn’t ask certain questions.
What We Can Still Do
Our hands are not entirely tied. Within the framework of the prescribed form, there is still meaningful assessment we can do on your behalf:
- We review rental history and can follow up with the rental providers listed by the applicant.
- We assess financial capacity against the rent through payslips, Centrelink statements, bank statements, or tax returns.
- We can conduct tenancy database checks (TICA or equivalent) to identify applicants with prior listings for unpaid rent or property damage – this is separate from bond claim history and remains available to us.
- We assess the overall picture of the application – presentation, communication, responsiveness, references – using the information we are permitted to consider.
- We bring our professional judgment and experience to every application. We’ve processed hundreds of tenancy applications in this market and we know what to look for within the rules we’re given.
Where there is a genuine, legitimate reason to decline an applicant on grounds that relate to the property itself – for example, a property that by its design or location is genuinely unsuitable for children – we can document that reasoning in writing, as the law permits.
Our Commitment to You
You’ve entrusted us with one of your most significant assets. We take that seriously, and we will always work as hard as the law allows to find you a quality renter. But we also want you to trust us – and trust is built on transparency, not on pretending we have tools we don’t.
If you have questions about how the application process works, what the prescribed form looks like, or how a specific application was assessed, please call us directly. We’re always happy to walk you through our reasoning.
For the most current information on Victorian rental laws and the prescribed application form, visit Consumer Affairs Victoria or contact our office.