Queensland rental application form criticised for privacy overreach

The Real Estate Institute of Queensland (REIQ) has strongly opposed the state’s new standardised tenancy application form, claiming it undermines tenant prospects while creating risks for property owners.

From 1 May, the standardised rental application will become mandatory for general tenancies as part of reforms initially introduced by the former State Government and now carried forward by the LNP.

REIQ CEO Ms Mercorella said the most glaring issue with the proposed form was its wording regarding verification of identity (VOI).

“The form positions VOI in such a way that it would have applicants believe that they should exercise their right to refuse to provide proof of identification to support a tenancy application,” Ms Mercorella said.

“While we respect the right to privacy, it is in the best interests of tenant applicants to provide proof of identification, in line with property owner and overall community expectations.”

The peak body warned that the form creates unrealistic expectations for tenants.

“You can’t so much as open a library account to borrow a book without needing to show identification to confirm your identity,” Ms Mercorella said.

“The same goes for checking in to a hotel, hiring a car, renting a scooter, and joining a gym where providing ID is routine because it serves an important purpose in protecting against damage and theft and ensuring safety and compliance.”

According to the REIQ, property managers could be putting themselves at professional risk by approving applications without proper identification.

“Property managers who are responsible for managing the vast majority of tenancy relationships in Queensland, may be negligent if they approved an application from a person who was unwilling to prove their identity,” Ms Mercorella said.

“No property manager with an ounce of professional integrity or respect for the fiduciary obligations they owe to their client would offer a rental property to a total stranger.”

The REIQ believes the wording in the form creates misleading expectations for tenants.

“While the new laws, commencing 1 May, make it clear that an applicant must expressly consent to copies of their ID being retained in the circumstances where they will only agree to have their ID sighted, the new application form goes much further than this by directing the tenant to potentially refuse to provide documentation to verify their identity,” she said.

Property managers across Queensland have reportedly expressed shock during REIQ roadshows about the changes.

“We’ve been travelling the state on a roadshow to educate property managers about the upcoming stage 2 rental reforms and they’ve expressed disbelief at the way these laws seek to limit the gathering of fair and reasonable evidence as part of tenancy application due diligence,” Ms Mercorella said.

The institute has highlighted additional concerns, including privacy issues for co-tenancy applications, as the form requires co-applicants to use a single form.

Ms Mercorella said the REIQ had initially supported the concept of a standardised form but was disappointed with the final product.

“As the real estate peak body, we were assured we would be consulted on the development of the application form, but it has been released with no consultation,” she said.

“The REIQ has now provided feedback – including its strong opposition to the current form – and we implore the government to revise the document before it’s too late.”

The peak body also pointed to an apparent disconnect between state and federal approaches to identity verification.

While Queensland’s new form appears to discourage identification verification, at the Commonwealth level, real estate professionals will soon face requirements to conduct extensive identification checks to confirm the identity of parties to real estate contracts.