When Louise Carmona was told her rent would be rising by $120 a week, she knew she, her husband and their four kids were going to have to find somewhere else to live.
"Paying that amount is going to break us in the end," she said.
When Ms Carmona found a property she liked, the online application form urged her to pay for her own background check to help her application "stand out from the pack".
Ms Carmona could choose not to pay, but she would have to tick a box that says "no thanks, I don't want to verify my identity" and her "star rating" as an applicant would be capped at four out of five stars.
The 2Apply form, designed by tech company Inspect Real Estate, was also asking for extensive private information including the name, gender and age of their children, and the make, model and registration of their car.
"My immediate reaction to that was: 'is this a scam?'"
The ABC has confirmed at least 160 real estate agencies have used the 2Apply platform to process applications for more than 1,700 properties, across every Australian capital city and most major regional centres.
Realestate.com.au and Snug both also ask renters to pay for a background check against a tenancy blacklist held by data company Equifax, and other credit and corporate records.
The platforms charge tenants between $25 and $30 for a background check against Equifax's National Tenancy Database, which can be used for multiple applications.
Tenancy law expert Chris Martin said receiving money from a prospective tenant outside of bond, rent and deposits could be illegal in a number of jurisdictions.
"There's a good argument I think that that's unlawful under the rules in Tasmania, New South Wales, South Australia and Western Australia," Dr Martin said.
"It's less clear in other states and territories because of the way that the rules are worded."
'Preying on the vulnerable'
Tenants' Union of Tasmania principal solicitor Ben Bartl said because of Australia's housing crisis, including rental vacancy rates at or below 1 per cent in many cities and regions, many renters feel they have little choice but to comply with any request on a rental application form.
"Many tenants feel that if they don't pay the money — if they don't provide the information being requested — they're not going to be considered for the rental property," he said.
"We [also] believe that real estate agents are asking too many questions.
"We believe that many questions are preying on the vulnerable... [and] do not need to be asked, as they're not relevant to whether or not the prospective tenant will be a good tenant."
Inspect Real Estate, REA Group, which owns realestate.com.au, Snug, and Equifax all said the payments they received for background checks complied with all relevant laws.
They all stressed that tenants had a choice about whether or not to pay for the background checks.
The ABC's review of 2Apply forms advertising rental properties in recent months found that six of the 160 agencies specified explicitly that only fully completed applications would be considered.
Dr Martin said receiving the payments could be illegal despite tenants having the option not to pay.
"The law in those four states says a person shall not receive (payment), so it's not a defence to that to say that you haven't required it," he said.
"The proscription covers receiving as well as requiring."
'Certainly not' cost-shifting from landlords to tenants
The Real Estate Institute of Australia said asking tenants to pay for their own background checks is "certainly not" cost shifting.
But REIA president Hayden Groves conceded it is a cost that landlords usually pay.
"The REIA is unaware of any agency that requires a tenant to provide and/or pay for a NTD (National Tenancy Database) clearance," he said.
"Landlords typically agree to pay for the cost of a NTD search as part of their management agreement with their agent and it is not passed on to tenants."
But he said an agent may still undertake a check "as part of their fiduciary responsibility and for risk mitigation".
"Tenants are not required to provide their own NTD clearance certificate as part of their application for a rental home and agents are not requiring tenants to provide one," Mr Groves said.
"It's purely voluntary and does not on its own, in fact, determine the success or otherwise of a tenant's application."
'Free & Easy'
The log on page for Inspect Real Estate's 2Apply platform describes it as "Free & Easy".
"It doesn't cost you anything to use 2Apply and for our agents it's a FREE addition to the booking software they are already using," the page reads.
A spokesperson for Inspect Real Estate said there was "no obligation on the tenant to purchase these background checks within the 2Apply application journey".
"We do not charge tenants for using 2Apply and they can still use it to submit applications for properties without purchasing a background check via the app.
"We have also built a mechanism that allows renters to delete their 2Apply profile."
The spokesperson said Inspect Real Estate was planning to reduce the amount of personal documentation required to fill in the forms.
"With cyber-security being a major concern for all Australians, we want to help the industry move away from requiring individuals to provide copies of personal information such as passports and drivers' licences.
"We are currently working on a process to allow agents to verify identities using trusted third-party ID verification services and hope to release the first version in about six weeks.
"Finally, we are always willing to consider feedback and changes to improve the process and help tenants find a new home."
Tenant Check 'entirely optional'
A spokesperson for Snug.com said a "relatively small percentage" of renters that use the platform purchased a background check.
"Snug appreciates the challenges that renters face in a tight rental market and continues to strive towards improving the experience and outcomes for renters."
REA Group said in a statement that "Tenant Check is a value-added service offered to support prospective renters and has been designed to comply with all relevant legal requirements in Australia."
"It offers rental applicants with an option to showcase their credibility as a tenant and give their application the best chance of success.
"Choosing to purchase a Tenant Check is completely optional and is not required for a rental application."
Equifax also offers a less comprehensive version of the NTD check free of charge on its own website.
