Renters – Understanding Tenancy Databases

Tenancy databases are mainly used by agents as a way of screening prospective tenants.

The Residential Tenancies Act and Rooming Accommodation Act 2008 sets out who, when, and why a person can be listed. The Act also enables disputes to be resolved. If you believe that an agent or landlord has listed information about you that is incorrect, there are ways you can go about having the information amended.

Tenancy databases are owned and operated by private companies. They collect and store information about tenants and can only be used by members (generally agents) who pay an annual membership fee.

Membership allows the member to list tenants on the database for certain reasons and to check the database to see if a prospective tenant has been listed by another member.

Tenancy databases are sometimes referred to as ‘blacklists’ or ‘bad tenant databases’.

Files kept by an individual landlord or agency for their own internal use (hard copy or computerised) are not databases for the purposes of the legislation.

Who Can Be Listed

You can only be listed on a database if you are named on the lease as a tenant. Approved or unapproved occupants, visitors or children cannot be listed. This is because the named tenant(s) are accountable for the rental property and have obligations under the tenancy agreement.

When Does Listing Take Place

You can only be listed on a database after your tenancy has ended. You cannot be listed on a database simply because you fall behind with the rent, are given a termination notice or are not maintaining the property in a satisfactory way.

Why Will I Be Listed

You can only be listed on a database for one or both of the following two reasons:

• You have vacated owing an amount more than the rental bond for a breach of the agreement which is still outstanding at the time of listing
• QCAT has made an order terminating the agreement because of something you have done wrong and the tenancy has ended.

Do I Get Notified If I Am Blacklisted?

Agents or landlords are obliged to advise you in writing if they propose to list you on a tenancy database. They must also provide you with the details of the proposed listing, or take reasonable steps to try to advise you.

This can be done by sending a letter to your new address (if known) or to the address of the rented premises (in case you are having your mail redirected).

You must be given at least 14 days to respond or object before listing you on a database. You can apply to the Tribunal if you think the proposed listing would be incorrect or unjust.

Removal of listings

Any listing that is 3 years or older can be removed from a database. Listings under 3 years must also be removed if they are ‘out-of-date’. This means where any amount you owed has been repaid to the landlord or if the termination order made by the Tribunal was not enforced.

Listings can also be amended if the information is inaccurate, incomplete or ambiguous. You can personally seek to have your name removed from a tenancy database if you believe the listing was unjust.

Any changes to the database records must be done by the landlord or agent within 7 days of them becoming aware that the information needs to be changed, if they can do it themselves, or within 14 days if they need to notify the database operator to have it removed or amended.

For further information about tenancy databases and the terms and conditions about being placed on a tenant blacklist, give the team at Hicks Real Estate a call today on: 07 3355 6845.