What is rental discrimination?
Rental discrimination occurs when a landlord, agent, or body corporate treats you less favourably in renting or occupying property because of a protected characteristic. It can occur at the application stage (refusing your application), during the tenancy (different treatment, additional conditions), or when ending the tenancy (eviction based on a protected characteristic).
Protected characteristics
Under Australian anti-discrimination law (federal and state), you cannot be discriminated against in rental accommodation on the basis of:
'Source of income' discrimination — refusing to rent to someone because they receive Centrelink payments — is prohibited in several states and territories including the ACT and Victoria. Other states are moving in this direction.
- •Race, colour, or ethnic origin
- •Sex or gender
- •Pregnancy or potential pregnancy
- •Marital or relationship status
- •Family responsibilities or status (including having children)
- •Disability or impairment
- •Age
- •Sexual orientation, gender identity, or intersex status
- •Religion or religious belief (varies by state)
- •Political opinion (varies by state)
- •Social status or receipt of government benefits (varies by state)
Examples of unlawful conduct
Discrimination in rental accommodation can take many forms:
- •Refusing to rent to a family because they have children
- •Requiring a higher bond from an applicant based on their background
- •Evicting a tenant after they disclosed a disability
- •Refusing a reasonable adjustment for a person with a disability (e.g., requesting to install a grab rail)
- •Advertising a property with 'no children' or 'no DSP recipients'
- •Applying different, harsher conditions to tenants of a particular background
How to make a complaint
You can make a complaint to the relevant state or federal anti-discrimination body. Complaints are free and the body will investigate and attempt conciliation between the parties:
| State | Body |
|---|---|
| Federal (all states) | Australian Human Rights Commission |
| NSW | NSW Anti-Discrimination Board |
| VIC | Victorian Equal Opportunity and Human Rights Commission |
| QLD | Queensland Human Rights Commission |
| WA | Equal Opportunity Commission WA |
| SA | Equal Opportunity Commission SA |
| ACT | ACT Human Rights Commission |
| TAS | Equal Opportunity Tasmania |
| NT | NT Anti-Discrimination Commission |
Retaliatory eviction
If a landlord issues you with an eviction notice because you made a discrimination complaint, applied for repairs, or exercised a legal right, this may be retaliatory eviction — which is unlawful in all Australian states. You can challenge a retaliatory eviction at your state tribunal. Courts take a serious view of retaliation.
Document the timeline carefully: when you made the complaint or exercised your right, and when the eviction notice was issued. A close timing relationship between the two is strong evidence of retaliation.
This guide provides general information based on current Australian tenancy legislation. It is not legal advice. Always verify with the relevant state tenancy authority or a qualified professional for your specific situation. Last verified: January 2026.