WA Rental Applications: How Landlords Can Screen Tenants Lawfully
WA rental applications explained: landlord screening rules, Form 18, rent bidding, option fees, discrimination and tenancy database requirements.
You advertise a rental property.
Within 48 hours you have 17 applications.
One applicant offers more rent. Another has excellent references but recently changed jobs. One has children. Another has never rented before. Someone appears on a tenancy database.
Who do you choose?
Landlords in Western Australia are entitled to assess prospective tenants and decide who they believe is most suitable for their property.
But that does not mean the application process is a free-for-all.
There are rules around rent advertising and rent bidding, application forms, option fees, tenancy databases, discrimination, children, the information you collect, and what happens after you select an applicant.
For self-managing landlords, the safest approach is to make tenant selection a consistent assessment process rather than an instinctive decision.
Important: This article provides general information about residential tenancies in Western Australia and is not legal advice. Anti-discrimination and privacy issues can depend on the circumstances, so check current WA Consumer Protection and Equal Opportunity Commission guidance where necessary.
Can a WA landlord ask tenants to complete an application form?
Yes.
WA Consumer Protection provides Form 18 — Application to rent residential premises for this purpose.
Form 18 is a helpful application form rather than one of the mandatory prescribed tenancy forms. The current form asks applicants for information such as name and contact details, proof of identification, current address, previous rental history, employment details, income, personal references, next of kin and an emergency contact.
The purpose is to give the landlord enough tenancy-relevant information to assess the application.
Does Form 18 become part of the lease?
No.
The current Form 18 expressly says the application form does not form part of the tenancy agreement.
If an application is successful, the actual rental relationship is governed by the Residential Tenancies Act and the tenancy agreement that follows.
An application answers:
“Should I offer this person the property?”
The tenancy agreement answers:
“What are the legal terms once they become my tenant?”
What should a landlord actually assess?
A useful screening process focuses on matters relevant to the tenancy.
Can the applicant reasonably afford the rent? Look at income and financial capacity in context.
What is their rental history? Previous landlords or property managers may be able to confirm rent payment and tenancy conduct.
Do the references make sense? A reference is more useful when you verify who actually provided it.
How many people will live at the property? Understand the proposed household and whether it suits the property.
Do they have pets? WA’s pet-request rules now apply once the tenancy exists, so don’t assume older blanket “no pets” practices remain a complete answer. See LandlordLogic’s WA Form 25 pet guide.
Is the information consistent? Dates, addresses and employment history should tell a coherent story.
The objective is not to find a “perfect tenant”. It is to make a documented, lawful decision based on relevant evidence.
Can landlords advertise a rental with a price range?
No.
WA’s rent-bidding rules require rental properties to be advertised at a fixed rent amount.
The property should be advertised as $650 per week, rather than $600–$700 per week or Offers from $650.
Landlords and agents must not encourage or pressure prospective tenants to offer more than the advertised amount.
Is rent bidding illegal in WA?
Soliciting rent bidding is banned.
A landlord or agent cannot say:
“Someone else has offered $30 more. Do you want to beat them?”
or
“There is a lot of interest, so offering more would improve your chances.”
or
“Your employment history is a bit short. You could strengthen the application by offering higher rent.”
What if the tenant voluntarily offers more rent?
That is different.
A prospective tenant can voluntarily offer more than the advertised rent. The landlord simply cannot invite, encourage or pressure them to do it.
Tenant independently offers more: potentially acceptable.
Landlord hints that more money will win the property: rent bidding.
Keep your communications clean.
Should landlords select whoever offers the highest rent?
Not automatically.
Price is only one part of tenant selection. You should still consider the overall application, including affordability, rental history, references and suitability.
A voluntarily higher offer from a weak applicant does not magically remove the other risks.
What is an option fee?
An option fee is money a prospective tenant may pay when lodging a rental application. It is effectively held while the landlord or property manager assesses the application.
WA law limits the amount.
For most properties, the maximum is either $50 or $100, depending on the weekly rent. Consumer Protection’s current table contains a special rule for properties renting for $1,200 or more per week and distinguishes properties above and below the 26th parallel, so landlords dealing with high-rent properties should check the current official table before accepting a fee.
A landlord does not have to charge an option fee simply because the law allows one.
What happens to the option fee if the application is unsuccessful?
It must be returned.
The current Form 18 says that if the landlord decides not to offer the applicant the tenancy, the option fee must be returned by cash or EFT within seven days of the decision to refuse the application.
Do not treat unsuccessful application fees as application-processing income.
What happens to the option fee if the application succeeds?
If the successful applicant takes the property, the landlord can return the option fee or credit it toward the first rent payment.
The current Form 18 also warns that where the landlord offers the property to the applicant but the applicant then decides not to rent it, the option fee may be forfeited.
Keep the application outcome and any option-fee transaction documented.
Can landlords charge a letting fee to the tenant?
No.
WA abolished residential tenant letting fees. Charging a letting fee to a residential tenant is an offence.
The landlord may have legitimate costs associated with advertising or using an agent. Those costs are not simply converted into a tenant letting fee.
Can a landlord check a tenancy database?
Yes.
But there are specific notification rules.
If you normally use a residential tenancy database when screening applicants, you must give applicants written notice identifying the database you use and the database operator’s contact details.
Consumer Protection provides Form 18A — Written Notice about Use of Tenancy Databases, which can be attached to Form 18.
If you usually use a tenancy database, the written notice should form part of your normal application process.
What if the database finds something about the applicant?
If a tenancy database search finds personal information about the applicant, you must notify them.
Current Consumer Protection guidance requires the prospective tenant to be informed within seven days after using the database.
LandlordLogic’s WA tenant blacklist and tenancy-database guide explains the detailed process.
Can a landlord reject someone because of their age, race or disability?
You need to comply with anti-discrimination law.
The Equal Opportunity Act 1984 (WA) applies to accommodation and protects people from unlawful discrimination on a range of grounds.
Current WA Government guidance identifies protected grounds including age, race, sex, pregnancy, impairment, marital status, sexual orientation, family responsibility or family status, religious conviction, political conviction and gender history.
The official Form 18 also reminds landlords that applicants must be considered consistently with the Equal Opportunity Act.
What does discrimination look like in practice?
Sometimes it is obvious:
“I don’t rent to people of that race.”
Sometimes it is less obvious.
Imagine two applicants have essentially comparable financial capacity and references, but one is subjected to additional conditions purely because of a protected attribute.
For example:
“I’ll rent to you, but because you’re older I’ll require an extra guarantor.”
or
“Because you’re pregnant, I’ll require a larger bond.”
Using a different screening hurdle because of a protected ground can create a discrimination problem.
The safest approach is to define tenancy-relevant criteria and apply them consistently.
Can a landlord refuse applicants because they have children?
WA tenancy law contains a separate protection for this.
The Residential Tenancies Act provides that a person must not refuse to grant a tenancy on the ground that it is intended that a child will live at the premises, subject to limited statutory exceptions.
So this advertisement is a problem:
“Adults only. No children.”
Household size and actual suitability of the property may be relevant. A blanket rejection because an applicant has children is a different matter.
Can a landlord prefer someone with a higher income?
Landlords can assess whether an applicant appears capable of paying the rent.
The official Form 18 itself asks for employment and income information.
But use financial information for the actual tenancy question:
Can this applicant reasonably meet the rental obligation?
A retired applicant with substantial savings may have a different income profile from a salaried employee but still be financially secure. A self-employed applicant may have irregular fortnightly income but a strong history of paying rent.
Screening is more useful when it examines evidence rather than labels.
What about applicants who have never rented before?
No rental history does not necessarily mean bad rental history.
First-time renters, people returning from overseas, former homeowners and younger applicants may not have a traditional landlord reference.
Consider alternative evidence where appropriate, such as employment history, financial capacity, personal references and the consistency of the application.
A rigid rule saying “No previous rental history = automatic rejection” may exclude otherwise strong applicants without improving your decision.
Should landlords contact previous landlords?
Previous rental history can be useful.
Useful questions include:
Was the person actually a tenant there?
Did they generally pay rent as agreed?
Was the property left in reasonable condition?
Were there unresolved tenancy breaches?
Would you rent to them again?
Try to obtain facts rather than gossip.
“They were a nightmare” is far less useful than “The tenancy ended with six weeks’ unpaid rent and a court order.”
Should landlords collect as much personal information as possible?
No practical screening process improves simply because you collect every available detail about somebody.
The current Form 18 provides a sensible guide to useful rental-assessment information.
As a practical privacy measure:
collect what you need, protect it properly and avoid requesting information simply because you’re curious.
Application records contain identity documents, addresses, income details and contact information. Treat that material as sensitive business information.
Can landlords ask whether an applicant has pets?
You need to know who and what is proposed to live at the property.
But remember that WA’s current pet laws significantly changed the old approach to blanket pet bans.
Once a tenancy exists, prescribed pet-request rules and the Commissioner’s process may apply.
LandlordLogic’s Form 25 pet-request guide explains that framework.
Can landlords prefer a fixed-term tenant over someone who wants periodic?
A landlord can decide what type of tenancy they are offering.
WA recognises both fixed-term and periodic agreements.
The advertisement and discussions should make the intended arrangement clear.
Once you select an applicant, written tenancy agreements must use Form 1AA. Do not replace the prescribed agreement with a homemade or AI-generated lease.
AI can help you understand the rules and organise the process. It should not replace a prescribed statutory form.
What should you record when choosing a tenant?
You do not need to write an essay about every applicant.
But a short, consistent assessment record can be extremely useful.
Applicant A: Income verified, strong rental history, references checked, household suitable.
Applicant B: Income verified, previous rental reference unable to confirm tenancy.
Applicant C: Application incomplete — requested information not provided.
That is much better than:
“Didn’t get a good vibe.”
Documented decisions are easier to explain and defend.
What should you avoid writing?
Avoid subjective comments that are irrelevant to tenancy performance.
Examples of bad notes include:
“Too old.”
“Don’t like their religion.”
“Pregnant — probably difficult.”
“Foreign accent.”
“Kids will ruin the house.”
Apart from creating obvious discrimination concerns, those comments have no legitimate role in assessing whether someone will meet the terms of a residential tenancy.
Keep your notes professional and tenancy-related.
A practical WA tenant-screening process
1. Advertise the property at a fixed weekly rent. Do not advertise a range or encourage bidding.
2. Use a consistent application process. Form 18 is a useful starting point.
3. Tell applicants about tenancy databases if you normally use them. Use Form 18A or an equivalent compliant written notice.
4. Review completeness first. Missing information may need clarification.
5. Assess affordability and rental history. Use evidence rather than assumptions.
6. Verify references. Make sure the referee is who they claim to be.
7. Apply the same core criteria consistently. Avoid different hurdles based on protected characteristics.
8. Record your decision briefly. Keep tenancy-relevant reasons.
9. Return option fees correctly. If the application fails, observe the seven-day refund rule.
10. Once you select the tenant, move into the actual tenancy process. That means the proper Form 1AA agreement, rent and bond arrangements, property condition report and required information.
Common landlord mistakes with rental applications
Advertising “$650–$700 per week”. WA rentals must be advertised at a fixed amount.
Telling applicants they should offer more to win the property. That is precisely the behaviour the rent-bidding ban is designed to stop.
Assuming a voluntary higher offer allows you to start an auction. It does not.
Keeping an unsuccessful applicant’s option fee. The refund rules apply.
Charging a tenant letting fee. Residential tenant letting fees are prohibited.
Running tenancy database searches without the required notice. Database screening has its own notification framework.
Finding a database listing and saying nothing. The applicant must be informed within seven days.
Writing discriminatory selection instructions. Criteria linked to protected attributes can create serious problems.
Using different standards for different applicants. Consistency is one of the best protections against both bad screening and discrimination disputes.
Collecting personal information with no clear purpose. Application data should support the tenancy decision, not satisfy curiosity.
Good tenant selection is not about finding a perfect person
No screening process can guarantee that a tenancy will be problem-free.
A tenant with a perfect reference can lose their job.
A first-time renter can become your best long-term tenant.
Someone with a high income can still pay late.
The point of screening is to make the best decision you reasonably can from the evidence available.
That means:
advertise lawfully → collect relevant information → verify it → apply consistent criteria → document the decision → use the proper tenancy process.
The less your decision depends on instinct, pressure and vague impressions, the easier it is to manage professionally.
And if an applicant ever asks:
“Why didn’t you choose me?”
you want the answer in your own file to be something defensible and tenancy-related — not a note you would be embarrassed to see read aloud later.
For current official guidance, see WA Consumer Protection — Rent bidding, applications and option fees, Form 18 — Application to rent residential premises, and the WA Equal Opportunity Commission’s discrimination guidance.
For related LandlordLogic guidance, see the tenancy-database guide, rent-payments guide, bond guide, and shared-tenancy guide.
Managing your own WA rental? Explore LandlordLogic’s practical guides and free resources for tenant screening, rent, bonds, pets, notices and evidence — so your tenancy starts with a documented process instead of guesswork.