Most Real Estate Agents and some private owners will ask you to fill in an Application for Tenancy form when you show interest in renting a place.
You should make sure you understand what it says before you sign the form. Ask the owner/agent to explain anything you don't understand. Take the form away and get advice before you sign it. Be wary if the owner/agent is unwilling to allow you to take the form away to get advice before you sign it.
The application for tenancy form contains questions for you to answer. The information you provide helps owners/agents decide whether they will rent the place for you.
The application form may ask for:
Some of the information asked for can be personal. For example phone numbers, bank account numbers and drivers licence numbers. You should think very carefully about whether or not you want to let anyone have personal details before you fill anything in and sign it.
You may also be asked to give permission for the owner/agent to do a credit check on you. Under federal privacy laws, owner/agents cannot get information about your credit history without your consent because you are not applying for credit or a loan. However, sometimes the form does not make it clear that this is what you are agreeing to (see the sample REIWA form at the end of this chapter).
There is no standard Application for Tenancy form. It may be different from owner to owner. An example of the REIWA (Real Estate Institute of Western Australia) application for tenancy form can be found at the end of this chapter. The REIWA form is used by most real estate agents.
You don't have to answer all the questions on an application for tenancy form. However, be aware that if you refuse to answer all the questions the owner/agent may refuse to rent the place to you. They may be suspicious about why you will not answer all the questions.
Many application forms contain a section written in small print which contain conditions which can affect your application, your tenancy and sometimes take away your rights. Some examples are discussed below (see sample REIWA form at the end of this chapter):
Fixed time period - some application forms say you are agreeing to take the premises for a certain amount of time, for example 6 months. Make sure this is the place you really want because if the application is accepted you will have committed yourself to the tenancy for this time. If you do not agree to the time written on the form, you can change the time period and initial the change. Be aware that this may place you at a disadvantage if there is another applicant who will agree to the time period.
If you are accepted as a tenant, but you decide you don't want the place, you could be held liable for the owner's costs. For example, you may have to pay advertising costs and rent until new tenants are found. Or the owner/agent may try to hold you to renting the place for the fixed time.
Notice at end of tenancy - some application forms say that you will give notice in accordance with section 68 of the Residential Tenancies Act. This would require you to give 3 weeks notice in writing if you want to vacate at the end of the fixed term. However, this section of the Act only applies to periodic tenancies, not tenancies for a fixed term (See section 4.2 Ending a Fixed Term Tenancy for more information).
Loss of Option fee - the law says that option fees should be refunded if you don't take the tenancy. However, some application forms state that you agree the option fee will be kept by the owner if you are accepted but decide not to take the place. If you sign the form agreeing to this you are agreeing to waive your right to a refund.
Tenancy Databases - some application forms state that you agree to your personal details being listed on a tenancy database if you breach your agreement. Tenancy databases (sometimes known as "Blacklists") are not regulated by any laws. The information on them is not controlled or protected in any way.
You may cross out anything you don't agree to. You may also change the wording to something more acceptable. You and the owner agent must initial any change.
Be aware that if you are not willing to agree to all the conditions in the Application for Tenancy form, the owner/agent may refuse to accept your application.
Yes, you can add to the application form. If there are special conditions you want met, make sure you discuss them with the owner/agent before filling in the application form. For example, any cleaning or repairs that are needed.
Write the conditions on the form and initial each of them. Ask the owner/agent to initial them too. If the owner/agent has agreed to something verbally but will not put it in writing, it may indicate that they have no intention of doing what they have said. It will be very difficult to prove the owner/agent agreed to something if you don't have it in writing.
Back to Entering into a Tenancy menu