What is a tenancy database?
A tenancy database is a list where landlords/agents record personal information about tenants who have had problems with their tenancies.
Examples of tenancy databases are:
- Tenancy Information Centre Australasia (TICA)
- National Tenancy Database
- Trading Reference Australia.
Listings on tenancy databases
A person must not list a tenant on a tenancy database unless:
- The tenant was named as a tenant in a residential tenancy agreement.
- The agreement has ended.
- There is a reason to register the tenant on the tenancy database:
- unpaid rent
- an amount owing under a conciliation agreement or tribunal order
- an amount owing after abandonment
- objectionable behaviour
- repeated breaches.
4. The tenant has been given notice of the proposed listing and information into the database, and provided a reasonable opportunity to review the information to be entered.
A tenant can apply to the tribunal for removal of a tenant’s name from a database, or the correction of details listed in the database. The tribunal may make the order only if it is satisfied:
- The database includes information that is incorrect or misleading.
- The listing in unjust, having regard to:
- the reasons for the listing
- the tenant’s involvement in the circumstances giving rise to the reason for listing
- the adverse consequences to the tenant because of the listing
- any other matter.
Because the application to remove a tenant from a listing involves the exercise of discretion, the tribunal will not make a consent order unless the material filed with the consent order is enough for the tribunal to be satisfied that the listing is incorrect or unjust.
Therefore, any application to remove a person’s name from a database MUST also include supporting documents such as a copy of the lease (tenancy agreement), reasons for the initial listing and a copy of the tenancy database report.
When can I apply?
You may apply to the tribunal when:
- you receive a notice that you will be added to the database
- when you have been added to the database.
If the database operator does not provide a notice and the details are incorrect or unjust you may apply to the tribunal to make orders, however you may only apply within six months of becoming aware of the database listing.
Descriptions of QCAT's jurisdiction on this website are general information only. They do not definitively describe the types of applications on which QCAT can make decisions. The relevant legislation determines QCAT's jurisdiction. If you are unsure about your legal rights, you should seek legal advice. Your individual circumstances should guide any actions taken to resolve your dispute.