Tenant screening is legal and essential — but there are rules. Getting this wrong can expose you to a Human Rights Act complaint. Here's what you need to know.
What You Can Legally Ask For
New Zealand law allows landlords to request information directly relevant to the tenancy. This includes:
- Photo ID — driver's licence or passport to verify identity
- Proof of income — payslips, bank statements, or a letter from an employer
- Rental history — references from previous landlords
- Credit check consent — with the applicant's written consent
What You Cannot Screen For
Under the Human Rights Act 1993, you cannot decline a tenant based on:
- Race, colour, or ethnic origin
- Sex or gender identity
- Marital or family status (including children)
- Religious or ethical belief
- Disability
- Sexual orientation
- Age (within working age)
- Receipt of a government benefit (this is a common one landlords get wrong)
Important: Declining a tenant because they receive a benefit (like a housing allowance or Jobseeker) is unlawful discrimination. You can decline them if they can't afford the rent — but the reason must be financial capacity, not the source of income.
Privacy Act Obligations
Under the Privacy Act 2020:
- Only collect information you actually need for the tenancy decision
- Tell applicants why you're collecting their information
- Don't share documents (ID, payslips) with third parties without consent
- Securely delete documents once the decision is made
RentVetted processes documents in memory and does not store ID or payslip files after the report is generated.
Documenting Your Decision
If you decline a tenant, document your reason in writing — and make sure it's based on financial capacity or tenancy history, not a protected characteristic. A risk-graded report from an AI screening tool provides an objective, documented basis for your decision.
Bottom Line
Screen based on ability to pay and tenancy history. Document everything. Don't ask about family status, benefits, or anything outside financial capacity. When in doubt, focus on the numbers — income, affordability ratio, and document consistency.