Real Estate Agent Charged You Illegal Fees? Demand Every Cent Back

You signed a lease. On top of the bond and two weeks’ rent, the agent tacked on a “$220 letting fee”, a “$55 application processing fee” and a “$110 lease preparation fee”. A year later they wanted another “$165 renewal fee” to type a new date into the same document.

In most of Australia, every one of those charges to a tenant is illegal.

What agents can’t charge tenants

State tenancy laws are clear that the landlord pays the agent, not you. Depending on your state, a landlord or agent generally cannot charge a tenant for:

• Letting or “finder’s” fees
• Application or processing fees
• Preparing or renewing the lease
• Providing the condition report or keys
• Rent payment fees where no free method is offered

These come from your state’s residential tenancy law (for example the Residential Tenancies Act in New South Wales, Victoria, Queensland, South Australia, Western Australia and the Australian Capital Territory). On top of that, the Australian Consumer Law applies to agents as businesses:

• Section 18 – misleading conduct. Telling you a fee is “standard” when it is banned is misleading.
• Section 29 – false representations about price.

Act quickly

In NSW you must apply to NCAT within 3 months of becoming aware of the breach, and in Queensland within 6 months. Dig out your old ledgers and receipts.

Steps

• Get your tenant ledger from the agent (they must give it to you) and highlight every non-rent charge.
• Check your state’s tenancy authority website for the list of banned fees. Screenshot it.
• Email the agent once: list the fees, quote the section of the tenancy act, and ask for a refund within 7 days.
• When they say “that’s our standard fee”, send a written complaint.

Why a written complaint matters

Agents are licensed. A complaint to the state regulator about illegal fees can trigger an audit of every tenant file they hold, not just yours. A written complaint that mentions the tribunal and the licensing body shows you know where to take it next.

If they still don’t budge, the tenancy tribunal application is cheap (often under $60), you don’t need a lawyer, and the paperwork is in your favour: their own ledger is the evidence.

Renting is expensive enough without paying for the privilege of being allowed to pay rent.

Claim Done drafts your Real Estate Agent Complaint for $49. Done in about 5 minutes. You approve it before it is sent.

For the full process, see how to complain about a real estate agent.