What changed
Since 17 December 2024, the following are unlawful in NSW:
- Advertising a rental property without a fixed weekly rent
- Soliciting offers from prospective tenants above the advertised price
- Accepting unsolicited offers above the advertised price
- Pressuring applicants to offer more
Penalties up to 20 penalty units (currently $2,200) per breach.
Why this matters for you
If an agent asks you to "make your best offer" or implies your application is stronger if you bid above the asking rent, that is now illegal. You can:
- Screenshot the communication
- Continue with your application at the advertised rate
- Report the agent to NSW Fair Trading (13 32 20)
How Renterprise has been updated
- The Listing Scanner now flags rent bidding solicitation in agent communications.
- The Application Pro Pack's Submission Tips includes the new protection.
What you should do
- If an agent solicits an offer above the listed rent, save the message and report it to NSW Fair Trading.
- Apply at the advertised rate. Your application is not weakened by refusing to bid up.
Source: Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Act 2024 (NSW), Schedule 1