Tenancy databases are registers run by privately owned companies. They record information about tenants who have had their tenancies ended for specific reasons.

The RTA does not operate or maintain information on tenancy databases.

Property managers/owners can use these registers during an application process to check the prospective tenant's rental history.

If the property manager/owner finds a listing, they must inform prospective tenants in writing:

• which tenancy databases list the tenant
• what that listing is for, and
• how to have the listing amended or removed.

The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) provides protection against incorrect and unfair listings while recognising the property manager/owner’s right to take reasonable steps to protect their property.

Breaching laws relating to tenancy databases carries a penalty of up to 50 units per offence for individuals. The current penalty value for an individual can be found in penalty infringement notices. The penalty unit amount is greater for corporations.

When can a tenant be listed?

Tenants can only be listed on a database if all of the following apply:

• they are named on the tenancy agreement
• the tenancy agreement has ended
• there is a valid reason to list the tenant (see details below)
• all reasonable steps have been taken to advise the tenant of the proposed listing (timeframes apply).

What can a tenant be listed for?

A tenant can only be listed for one or more of the reasons below:

• Amount owing – if the money owed is more than the rental bond, and:
  • the money owed is not paid on time under a conciliation agreement or order from the Queensland Civil and Administrative Tribunal (QCAT) or
  • the tenant has been served with a Notice to remedy breach (Form 11) for rent arrears and has failed to remedy the breach, or
  • after abandonment of the property, unless the dispute is currently subject to a QCAT determination (and there is no current objection by the tenant).
• Objectionable behaviour – where QCAT has terminated the tenancy agreement for that reason.
• Repeated breaches – where QCAT has terminated the tenancy agreement for that reason.

Please note: If no rental bond has been paid a tenant cannot be listed unless the amount owing is more than one week’s rent.

Domestic and family violence

A tenant who has experienced domestic and family violence should not be listed if the breach is the result of the actions of a person using violence. The person using violence can be listed on the database.

Changing or removing a listing

A tenancy database company and the person who makes a listing are both responsible for ensuring the quality of personal information on a database.

If a debt has been paid by a defaulting tenant, the listing must be removed from the database.

If a property manager/owner becomes aware that information they have listed is inaccurate, incomplete or ambiguous they must let the database operator know in writing within 7 days how to amend it. The same applies for removing out-of-date information. They must also keep records of these notifications for a year.

The database owner must amend or remove the information within 14 days of being notified.
All listings must be removed after 3 years.

The tenant or property manager/owner may also complain to the Office of the Australian Information Commissioner.

Disputing a listing

A tenant can dispute a listing if it is inaccurate, incomplete, ambiguous and out-of-date or does not meet the listing criteria set out in the Act. They must dispute this within 6 months of becoming aware of the listing.

Tenancy database companies

Tenancy database providers are private companies and may charge for providing information.

Database companies include:

• TICA
• National Tenancy Database
• Trading Reference Australia.