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Property ManagementHolding FeeNSWEASY

To sort out serious applicants, a NSW property manager asks everyone applying for a unit to pay a holding fee of one week's rent with their application. Is this permitted?

Correct Answer

C) No, a holding fee may only be taken once an application is approved

Under section 24 of the Residential Tenancies Act 2010, a holding fee of no more than one week's rent can only be requested from a prospective tenant once their application has been approved by the landlord. The fee must go towards rent if the tenant signs the agreement. Collecting it from every applicant before approval is not allowed.

Answer Options
A
Yes, provided the fees of unsuccessful applicants are refunded within 14 days
B
Yes, because a holding fee of up to one week's rent is always permitted
C
No, a holding fee may only be taken once an application is approved
D
No, because holding fees were abolished under the 2025 rental reforms

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