RESIDENTIAL TENANCIES ACT 1995 - SECT 99F

RESIDENTIAL TENANCIES ACT 1995 - SECT 99F

99F—Listing can be made only for particular breaches by particular persons

        (1)         A landlord, landlord's agent or database operator may only list personal information about a person in a residential tenancy database if—

            (a)         the person was named as a tenant in a residential tenancy agreement that has ended; and

            (b)         the person has breached the agreement; and

            (c)         because of the breach, either—

                  (i)         the person owes the landlord an amount that is more than the bond for the agreement; or

                  (ii)         the Tribunal has made an order terminating the residential tenancy agreement; and

            (d)         the personal information—

                  (i)         relates only to the breach; and

                  (ii)         is accurate, complete and unambiguous; and

            (e)         the Tribunal has not made an order under section 89A(4)(d) prohibiting the listing.

Maximum penalty: $35 000.

Expiation fee: $2 000.

        (2)         Without limiting subsection (1)(d)(ii), the personal information must indicate the nature of the breach.

Examples of how personal information can indicate nature of breach—

        •         including the words "rent arrears" in personal information about a person who has breached a residential tenancy agreement by failing to pay rent;

        •         including the words "damage to premises" in the personal information about a person who has breached a residential tenancy agreement by damaging premises.