"Rent bidding is banned in Australia" is only true in some states, and even where it's banned, the ban itself comes in two meaningfully different strengths.
Two Different Kinds of Ban — And the Difference Matters
Rent bidding reform across Australia has moved state by state, and not all "bans" are equally strict. There are two distinct levels of restriction in place:
- Full ban (soliciting AND accepting higher offers is illegal): Queensland and the Northern Territory ban both encouraging tenants to offer more than the advertised price and accepting an unsolicited higher offer. Victoria strengthened its own ban to this full standard from November 2025.
- Partial ban (only soliciting is illegal): New South Wales, Western Australia, Tasmania, and the Australian Capital Territory prohibit agents from encouraging or inviting a prospective tenant to bid higher than the advertised price — but do not prohibit a landlord or agent from simply accepting an unsolicited higher offer if a tenant volunteers one.
- South Australia: requires that assessment of a rental application cannot be based on an offer of higher rent, alongside a ban on advertising with a price range rather than a fixed figure.
The practical difference is significant: under a partial ban, a desperate applicant can still voluntarily offer more than the advertised price, and the landlord can legally accept it — the law only stops the agent from asking for that offer in the first place. Consumer advocacy groups, including Tenants Queensland, have specifically credited the full-ban model (both soliciting and accepting prohibited) as more effective in practice than the partial-ban model.
Penalties Vary Sharply Too
Where penalties exist for illegal soliciting, they range widely by state — South Australia's penalties reach up to $20,000, while tenant advocates in New South Wales have specifically argued that penalties there are too low to act as a meaningful deterrent. If you report a suspected violation, the outcome genuinely depends on which state you're in, both in terms of what's actually illegal and how seriously it's enforced.
How to Report Suspected Rent Bidding Solicitation
If an agent invites, hints at, or encourages you to offer more than the advertised rent, document the communication (save the message or email, or note the date and details of a verbal conversation) and report it to your state's fair trading or consumer affairs body — this is the regulator responsible for enforcement in every state that has some form of ban in place.
What This Means Practically
- Confirm exactly which type of ban applies in your state before assuming rent bidding is fully illegal where you're applying — a partial ban still allows a landlord to accept an offer you volunteer yourself.
- Never volunteer to pay more than the advertised price, even where doing so isn't illegal for you — it undermines the fixed-price system for every other applicant too.
- Document and report any agent who invites, hints at, or encourages a higher offer, regardless of whether your state's ban is full or partial — soliciting is restricted almost everywhere.
Related Kibbo Tools
Sources
- CHOICE — Rent bidding is now illegal, but tenants say it's still happening. choice.com.au
- Queensland Department of Housing and Public Works — Rental law changes. housing.qld.gov.au