What sort of information can a property agent require you to give when you are renting?

Under privacy law, a property agency can ask you to provide relevant information that will enable them to make a decision about tenancy. Agencies must consider why they are asking for the information. If the agency does not need the information to perform its functions, it should not be collecting it.

In your circumstances, making an inquiry about your personal income is, arguably, related to the assessment the property agency or landlord will need to make about whether you are able to keep up with rent payments. Such information, it can be argued, is needed to allow the property agency to perform its functions, that being the management of the rental property.

You can choose not to provide the information if you want, or to provide different information (for example: "we have sufficient income to easily pay this rent"), but that may of course affect whether or not you get the rental property.

However, is is important to note that it is unlawful for the property agent to discriminate when considering whether to grant a tenancy on the grounds of your employment status. If you think that you have been illegally discriminated against, you can either make a complaint to the Human Rights Commission or make an application to the Tenancy Tribunal.

More information on making a complaint to the Tenancy Tribunal can be found at this website: www.dbh.govt.nz

If you are concerned that the agency was invading your privacy, it's important to note that agencies are required to take reasonable steps to ensure the personal information they hold is kept secure, and there are strict legal limits on how such an agency can use your personal information.

More information on privacy law generally, and how to make a compliant if you think your personal information has been misused, can be found at this website: www.communitylaw.org.nz

Answered 22 Feb 2013. The IMPORTANT NOTICE below is part of this answer.