Every state and territory now restricts rent bidding, but only Queensland, Victoria and the Northern Territory stop a landlord pocketing a higher offer. In the other five, the bidding has simply moved off the record.
A renter in Sydney, Perth or Adelaide can still legally offer above the asking rent and win the property. A renter in Brisbane or Melbourne cannot. The difference comes down to a single word in each state's law: accept.
Rent bidding, where prospective tenants compete for a property by offering more than the advertised rent, is now restricted in every Australian state and territory. But a ban in one state is not the same as a ban in another. In five, a tenant can still legally offer over the advertised price and win. In the other three, the landlord cannot take the money even when it is offered.
Tasmania has required fixed-price advertising since 2015, but the rest of the country only caught up in a rush between 2023 and 2025, with Victoria the last to move.
Where offering more gets you nowhere
Queensland acted on 6 June 2024. Under the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024, a lessor, agent or provider cannot solicit, invite or accept an offer above the advertised amount, and the property must carry a fixed price.
Victoria went hardest, and last. From 25 November 2025, rental providers and their agents cannot accept a higher offer than the advertised rent even when it is unsolicited, according to the Victorian Government.
The Northern Territory, where the ban took effect on 2 January 2024, also stops landlords accepting rent above the fixed advertised amount, according to the NT Government. It carves out one narrow exception: a landlord can charge more only where extra benefits or services not in the original offer are provided, such as gardening or exclusive use of part of the premises. A withdrawn property cannot be re-advertised at a higher rent within one month.
What a breach costs
The penalties vary widely, and enforcement has already begun. Victoria and Western Australia carry the heaviest maximums, while New South Wales has been the most active enforcer, issuing dozens of fines to agents through 2024.
Where each state and territory stands
| State / Territory | In force since | Soliciting | Accepting unsolicited | Can still bid up? |
|---|---|---|---|---|
| TAS | 2015 | Banned | Allowed | Yes |
| ACT | 1 Apr 2023 | Banned | Allowed | Yes |
| NSW | 3 Aug 2023 | Banned | Allowed | Yes |
| SA | 1 Sep 2023 | Banned | Allowed | Yes |
| NT | 2 Jan 2024 | Banned | Banned* | No |
| WA | 16 May 2024 | Banned | Allowed | Yes |
| QLD | 6 Jun 2024 | Banned | Banned | No |
| VIC | 25 Nov 2025 | Banned | Banned | No |
What it means for renters and landlords
For renters, the lesson is geographic. In Queensland, Victoria and the Northern Territory, offering above the advertised price achieves nothing. Everywhere else, the pressure to bid has not disappeared, it has just moved off the record, so decide what the property is worth to you and treat any hint that a higher offer will help as the thing the law is trying to stop.
For landlords and agents, the compliance line is now sharp and the fines are real. Advertise a fixed price, keep records of how each application arrived, and in the three full-ban jurisdictions do not accept a cent above the advertised rent, however it is offered.
Key Takeaways
A rental "ban" means different things in different states: in five you can still bid up and win, in three you cannot.
Full ban, where the landlord cannot accept more: Queensland, Victoria, the Northern Territory.
Soliciting-only, where you can still volunteer more: NSW, WA, SA, the ACT, Tasmania.
Breaches are being enforced, with maximum penalties in the tens of thousands and fines already issued.
