What is a tenant database?

Tenant databases provide agents with personal information about the previous tenancies of prospective tenants where there may have been problems. This information helps agents to assess if an applicant is likely to be a financial risk to the landlord’s rental property investment.

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When does the Regulation come into effect?

The Regulation applies to any listing made on or after 15 September 2004. The Regulation does not apply to listings made prior to 15 September 2004.

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What do the new rules mean?

Under the new rules an agent is only permitted to list a tenant on a database for specific reasons. It is also the agent’s responsibility to use a database that is operated in accordance with the rules.

So, from 15 September 2004, if you are listed it should be for something more serious than a minor breach of the residential tenancy agreement. For example, it may be the result of owing money to a landlord for unpaid rent or damage to the rental premises. If you are listed on a tenant database, the agent’s reasons for listing you will be included.

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What are my rights as a tenant?

Before signing a residential tenancy agreement

At the time of signing the residential tenancy agreement, your agent must inform you (verbally or in writing) that if you breach the agreement your personal information could be listed on a tenant database.

It is recommended that you keep a copy of any written correspondence between you and the agent in case of a dispute.

Under what conditions can I be listed?

You can only be listed once the residential tenancy agreement has been terminated.

The agent must advise you in writing of their intention to list you and the reason for doing so. You must be given a reasonable opportunity to respond, including time to review and correct the personal information about you that the agent intends to list. Be sure to keep a copy of this correspondence.

If you disagree with the agent about any details of the listing, the agent must note your objection on the database. If the agent cannot locate you after making reasonable inquiries, you can still be listed.

An agent cannot list you for a minor breach of a tenancy agreement, you can only be listed for specific reasons, as follows.

For what reasons can I be listed?

• owing the landlord money for rent and/or damage caused intentionally or recklessly to the residential premises (but only if the amount owing exceeds the amount of the rental bond)
• failure to pay an amount of money to the landlord in accordance with an order of the Consumer Trader and Tenancy Tribunal (Tribunal)
• where the Tribunal has issued a termination and possession order for breach of the residential tenancy agreement
• where the Tribunal has issued a termination and possession order for serious or persistent breach of the residential tenancy agreement
• where the Tribunal has issued a termination and possession order for serious damage or injury.

Listing a tenant for money owed due to damage to the residential property

If you have made an application to the Tribunal under the Residential Tenancies Act 1987 for an order in relation to the tenancy, the agent cannot list you for money owed due to damage unless the Tribunal has determined the application.

After I have been listed on a tenant database

If you pay off any debt that is listed on a database, the agent must notify the database operator that you have paid the debt. They must do this within seven days of becoming aware that the payment has been made.

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How long can a listing stay on a tenant database?

It varies, depending on why you are listed and whether a debt is involved. See the rules below. Remember that these rules only apply to listings made after 15 September 2004.

For non payment of a debt

If you owe the landlord money, and the debt is paid within three months, then within seven days of becoming aware that the payment has been made, the agent must notify the database operator who must then delete reference to that debt from the database within seven days of being notified.

If this is your only listing, the operator must remove you altogether from the database when the debt is deleted.

If you owe the landlord money, and the debt is paid after three months, then within seven days of becoming aware that the payment has been made, the agent must notify the database operator who must then record the payment on the database within seven days of being notified. The database operator must delete all reference to that debt after three years.

Once again, if this is your only listing, the operator must remove you altogether from the database when the debt is deleted.

For other allowable reasons

If you are listed for an allowable reason other than non-payment of a debt (see ‘For what reasons can I be listed?’ above), the database operator must delete any reference to that listing after three years. In cases of non-payment of a debt and other allowable reasons, you would not be removed from the database altogether if any other listing for you was still current or if you had been listed prior to 15 September 2004.

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How to avoid problems

• Pay your rent on time.
• Do not intentionally or recklessly damage the residential premises.
• Never fail to pay an amount of money to your landlord by the due date if the Tribunal has ordered it.
• Comply with the terms of your residential tenancy agreement.
• Understand your rights and responsibilities as a tenant by reading the Renting guide. You must be given a copy by your agent when you sign the residential tenancy agreement.
• Keep copies of all correspondence in a safe place, including letters from agents and proof of payments in relation to database action.

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What if I think I’ve been listed unfairly?

Under the Regulation, you have the right to challenge a listing made after 15 September 2004. You should take the following steps:

• Make your objection known to the agent. (It is recommended that you do this in writing and keep a copy of your correspondence in case of a dispute).
• If the information listed is inaccurate, out of date or incomplete, contact the agent and request that the information be amended.
• If the agent objects to your requested change/s, this must be noted on the database.

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How do I know if I’m listed on a tenant database?

If you are listed on a database after 15 September 2004:

• the agent is required to give you written notice of their intention to list you and reasons for doing so; and
• the agent is required to use a database which provides you with cost-free access to any listed information about yourself.

Fines apply to agents and property managers who fail to observe the new tenant database rules of conduct.

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