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How to Screen Tenants Effectively Without Discrimination

Choosing the perfect tenant is important. It can significantly affect a landlord’s experience, either positively or negatively.

But how do you protect your investment without crossing legal or ethical lines?

To conduct thorough tenant screening while remaining fair, respectful, and compliant with the law, consider the following steps.

1. Start with Clear, Objective Criteria

Tenant screening should be based on facts, not feelings.

Before listing your property, define what makes a tenant “suitable.” That might include:

  • Proof of stable income
  • Positive rental history
  • Strong references
  • Ability to commit to the preferred lease term

Apply these criteria consistently to all applicants. Avoid going with your “gut” or favouring someone based on a casual chat. Bias, especially unconscious bias, can easily creep in without a structured process.

A well-defined tenant screening process safeguards your property and shields you from potential legal liabilities.

2. Know What You Can’t Ask or Consider

Under NSW anti-discrimination law, landlords and agents cannot discriminate against prospective tenants based on:

  • Race or ethnic background
  • Sex, sexual orientation, or gender identity
  • Age
  • Disability (including chronic illness)
  • Marital or parental status
  • Pregnancy
  • Religion

That means avoiding questions, comments, or requirements that even suggest preference in these areas.

Example: Descriptions like “suits professional couple” or “ideal for single occupant” can be flagged as discriminatory, even if unintentionally.

3. Use Application Forms and Supporting Documents

A formal application process helps take the guesswork out of tenant selection. Ask all applicants to provide:

  • Payslips or bank statements for income proof
  • Previous landlord references
  • Rental ledgers or tenancy database checks (e.g. TICA or NTD)

At Mclaws Property, employ structured screening tools to ensure fair and unbiased tenant selection. Our priority is objectivity, focusing on candidates who meet specific criteria rather than relying on subjective impressions.

4. Conduct Reference Checks Professionally

Contact previous landlords and employers to get a clearer picture of the applicant’s reliability.

Ask all references the same set of questions, including:

  • Was rent paid on time?
  • Was the property well maintained?
  • Were there any disputes or complaints?
  • Why did they move?

When calling employers, stick to confirming job title, employment status, and income. Avoid prying into personal details.

5. Handle Multiple Applicants Fairly

It’s common to receive multiple applications, especially in sought-after areas like Hurstville. What matters is how you assess them.

  • Use the same criteria across the board
  • Keep records of your decision-making process
  • If you reject someone, stick to facts. Don’t provide unnecessary feedback that could be misinterpreted

Maintaining fairness in the process and providing a clear record helps prevent potential disagreements.

6. Leave the “Red Flags” to the Experts

Not sure about an applicant? That’s exactly where a qualified property manager steps in.

At Mclaws Property, we focus on real indicators, like rental history, income, and reference feedback, not assumptions. We know the difference between someone who might be high-risk and someone who simply doesn’t fit your personal preferences.

Screening shouldn’t be subjective. It should be structured, legal, and backed by experience.

Fair, Firm, and Compliant Wins Every Time

Effective tenant screening goes beyond safeguarding your property; it’s an ethical practice. Establishing a transparent, consistent, and legally compliant process will help you secure suitable tenants and mitigate potential issues.

Want a professional team who knows how to find quality tenants without crossing the line?

Contact us now at Mclaws Property. We screen thoroughly, fairly, and by the book.


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