52B—Special provision relating to assessments etc of prospective tenants
(1) A person acting in
trade or commerce (other than an agent of a landlord) must not provide an
assessment or rating of the suitability of a prospective tenant to enter into
a residential tenancy agreement if a basis of the assessment or rating relates
to—
(a) in
the case of premises advertised or otherwise offered for rent as a fixed
amount under the residential tenancy agreement—the fact that the amount
of rent that the prospective tenant is willing to pay under the
residential tenancy agreement is higher than the fixed amount; or
(b) in
any other case—the amount of rent that the prospective tenant is willing
to pay under the residential tenancy agreement.
Maximum penalty: $20 000.
(2) A person must not,
except in prescribed circumstances, require or receive from a prospective
tenant a payment (however described) for the provision of an assessment or
rating of the suitability of the prospective tenant to enter into a
residential tenancy agreement.
Maximum penalty: $20 000.
Expiation fee: $1 200.