What Information Can a Landlord Ask For?

Landlords have the right to request information that helps them assess whether you'll be a reliable tenant who can pay rent and care for their property. This includes basic personal details like your full name, contact information, and identification to verify your identity.

Financial information is typically the most important category for landlords. They can request proof of income through payslips, employment letters, or benefit statements to ensure you can afford the rent. Bank statements may be requested to verify your income and assess your financial stability, though you can redact irrelevant transaction details while keeping income information visible.

Employment details, including your employer's contact information and length of employment, help landlords assess income stability. They can also request rental history, including previous addresses, landlord references, and reasons for leaving previous properties. Character references from employers, colleagues, or community members may also be requested to assess your reliability.

For students or those with limited income, landlords can request guarantor information, including the guarantor's financial details and agreement to cover rent if needed. However, all requested information must be directly relevant to your tenancy application and ability to fulfil tenancy obligations.

Under New Zealand's Human Rights Act and Privacy Act, landlords cannot request information that could lead to discrimination or isn't relevant to your ability to be a good tenant. This includes questions about your race, ethnicity, religion, political beliefs, or sexual orientation.

Medical information is generally off-limits unless it directly affects your ability to maintain the property safely. Landlords cannot ask about disabilities, mental health conditions, or medical treatments unless there's a genuine safety concern that affects the tenancy. Even then, they can only request information necessary to address specific safety issues.

Family planning questions are prohibited, including whether you're pregnant, planning to have children, or your relationship status beyond what's needed for the tenancy agreement. Landlords cannot ask about your family composition in ways that discriminate against families with children.

Personal lifestyle questions about drinking habits, social activities, or personal relationships are inappropriate unless directly relevant to property care. Similarly, detailed financial information beyond what's needed to assess rent affordability, such as spending patterns on non-essential items, exceeds reasonable requirements.

Credit checks are a common part of rental applications, but landlords must follow strict rules under the Privacy Act. They cannot access your credit information without your explicit written consent, and this consent must be informed - meaning they must explain what credit information they're seeking and why.

When requesting consent for credit checks, landlords must specify which credit reporting agency they'll use and what type of credit information they need. You have the right to know exactly what credit enquiries will be made and can limit consent to specific types of credit information relevant to the tenancy.

The consent must be voluntary, and landlords cannot make providing credit check consent a mandatory requirement if you can demonstrate your ability to pay rent through other means. However, refusing a credit check may put you at a disadvantage compared to other applicants who consent.

You have the right to request copies of any credit reports obtained about you during the application process. If you discover errors in your credit report that affect your application, you can request corrections from the credit reporting agency and ask the landlord to reconsider your application based on corrected information.

Landlords have legal obligations to store your personal information securely and use it only for the purposes it was collected. This means application documents should be kept in secure locations, whether physical files are locked away or digital files are password-protected and encrypted.

Your information cannot be shared with third parties without your consent, except in limited circumstances such as credit checks you've authorised or legal requirements. Landlords cannot share your application details with other tenants, neighbours, or use your information for marketing purposes.

If your application is unsuccessful, landlords should securely destroy your personal information within a reasonable timeframe, typically within a few weeks. They shouldn't keep unsuccessful applications indefinitely or use them for future property applications without your fresh consent.

For successful applications, landlords can retain relevant information throughout the tenancy and for a reasonable period afterwards to handle ongoing obligations like bond refunds or damage assessments. However, they should regularly review what information they hold and dispose of anything no longer needed.

Privacy rights and anti-discrimination laws work together to protect tenants during the application process. Landlords cannot use personal information to discriminate against you based on protected characteristics like race, gender, disability, or family status.

Even if information is legally requested, landlords cannot use it in discriminatory ways. For example, while they can ask about income, they cannot reject applications solely because income comes from benefits rather than employment, provided the income is sufficient for rent.

Subtle discrimination can occur through seemingly neutral information requests that disproportionately affect certain groups. For instance, requiring extensive employment history may discriminate against recent immigrants or people re-entering the workforce after caring for family members.

If you believe you've faced discrimination during a rental application, document all interactions with the landlord, including what information was requested and any comments made. The Human Rights Commission can investigate discrimination complaints, and you may be entitled to compensation if discrimination is proven.

Remember that landlords can still choose between suitable applicants based on legitimate factors like rental history, income stability, and references. The key is ensuring their selection process doesn't discriminate based on irrelevant personal characteristics.

Understanding your rights helps you navigate rental applications more effectively while protecting your privacy. Start by preparing standard documents that most landlords legitimately need: identification, proof of income, employment verification, and rental references.

When viewing properties, ask what information will be required for applications. This helps you prepare appropriate documents and identify any inappropriate requests early. If a landlord asks for information that seems excessive or irrelevant, politely ask how it relates to your ability to be a good tenant.

Consider providing a cover letter with your application explaining your circumstances, especially if you have limited rental history or income from non-traditional sources. This proactive approach can address potential concerns while maintaining control over what personal information you share.

Keep copies of all documents you provide and note what information each landlord requests. This creates a record if privacy issues arise later and helps you identify patterns of inappropriate requests across different applications.

If you're uncomfortable providing certain information, consider offering alternatives that address the landlord's legitimate concerns. For example, if you prefer not to provide bank statements, you might offer additional references or a larger bond to demonstrate financial reliability.

If a landlord breaches your privacy rights, you have several options for addressing the situation. Privacy breaches can include requesting inappropriate information, sharing your details without consent, failing to secure your information properly, or keeping your information longer than necessary.

Start by addressing the issue directly with the landlord if possible. Many privacy issues result from misunderstanding rather than deliberate misconduct, and landlords may be willing to correct their practices when the legal requirements are explained clearly.

For more serious breaches or unresponsive landlords, you can complain to the Privacy Commissioner. The Privacy Commissioner can investigate complaints, mediate disputes, and take enforcement action against landlords who repeatedly breach privacy laws. Complaints are free and can be made online or by phone.

If the privacy breach involves discrimination, you may also need to complain to the Human Rights Commission. Some situations involve both privacy and discrimination issues, requiring complaints to both agencies to address all aspects of the problem.

Document everything related to the privacy breach, including what information was requested, how it was handled, any inappropriate sharing or use, and your attempts to resolve the issue. This documentation supports your complaint and helps agencies understand the full scope of the problem.

While many privacy issues can be resolved through direct communication or complaints to government agencies, some situations require legal assistance to protect your rights effectively. Consider seeking legal help if you've suffered financial loss due to privacy breaches, such as identity theft resulting from poor information security.

Legal advice is valuable when facing systematic discrimination disguised as privacy requests, especially if you can demonstrate a pattern of inappropriate information requests or discriminatory treatment. Lawyers experienced in privacy and discrimination law can help you understand whether you have grounds for legal action.

If a landlord has shared your personal information inappropriately and this has caused damage to your reputation or opportunities, legal advice can help you understand your options for seeking compensation. Privacy breaches that affect your ability to secure housing or employment may warrant legal action.

Complex situations involving multiple privacy breaches, discrimination, and tenancy issues often benefit from legal guidance to ensure all aspects are addressed properly. A lawyer can help coordinate complaints to different agencies and advise on the best strategy for resolving interconnected problems.

Early legal advice can also be valuable if you're unsure whether a landlord's information requests are appropriate or if you're facing pressure to provide information you believe is inappropriate. Understanding your rights before problems escalate often leads to better outcomes.