Tenancy databases

Tenancy databases hold information about tenants and strict rules apply to when and why a person can be listed. Tenancy databases are sometimes referred to as ‘blacklists’ or ‘bad tenant databases’. The databases can only be used by members who pay membership fees.

There are a number of tenancy databases that operate in NSW, including:

• TICA
• National Tenancy Database
• Trading Reference Australia

These databases are run by private companies, not by the Government or the NSW Civil and Administrative Tribunal (NCAT).

Listing of a tenant - landlords' and agents' responsibilities

Before listing a tenant on a tenancy database

Before listing a tenant on a tenancy database, a landlord or agent must:

• Let the tenant know in writing if they want to list them on a tenancy database
• Give the tenant at least 14 days to respond.
• Consider the tenant's response before listing them.

If the landlord or agent does not do this, they can face a fine of up to $2,200.

Who can be listed?

A tenant can only be listed on a database if they are named on the tenancy agreement as a tenant. Approved or unapproved occupants, visitors or children cannot be listed.

When can a tenant be listed?

A tenant can only be listed on a database after their tenancy has ended. Tenants cannot be listed on a database just because they fall behind with a rent payment, are given a termination notice, or are not looking after the property in a satisfactory way.

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

• they have left the property and owe money for a breach of the tenancy agreement that is more than the rental bond
• the Tribunal has made an order terminating the agreement because of something the tenant has done wrong.

Any information recorded on a database must identify the reason for the listing in an accurate, complete and clear way. For example, 'eviction order given on grounds of rental arrears, tenant owes $500 in rent above the bond'.

Tenancies terminated due to domestic violence

Landlords and agents cannot list a tenant on a tenancy database if the tenant ended their tenancy due to circumstances of domestic violence.

This helps to limit the potential negative impact a domestic violence termination could have on survivors trying to secure alternative rental accommodation.

If a landlord or agent discovers a potential tenant has been listed

If a landlord or agent discovers that a potential tenant has been listed on a database, they must tell the potential tenant in writing within 7 days:

• that the tenant is listed on the tenancy database,
• the details of the landlord or agent who listed them and how they can get a copy of what the listing says from that person,
• contact details of the database operator and how they can get information from the operator, and
• how to have the listing changed or removed if the tenant disagrees with the listing.

Listing of a tenant - tenants' rights

Before a tenant is listed on a tenancy database

Before listing a tenant on a tenancy database, the landlord or agent must notify the tenant in writing and give them 14 days to object.

If a tenant is listed on a tenancy database

Prospective tenants applying for a tenancy have the right to be informed in writing within 7 days if a landlord or agent discovers they have been listed on a tenancy database. The notification from the landlord or agent must include:

• that the tenant is listed on the tenancy database
• the details of the landlord or agent who listed them and how the tenant can get a copy of what the listing says from that person
• contact details of the database operator and how they can get information from the operator
• how to have the listing changed or removed if the tenant disagrees with the listing.

Tenants are entitled to a copy of the information (free of charge) from the person who listed them, or they can get this information directly from the database operator.

These parties must give the tenant the information:

• within 14 days of the tenant making the request
• free of charge.

Tenants also have recourse if they think a listing is incorrect, unjust or out-of-date and they cannot resolve the issue with their landlord or agent. See below.

Removing old, incorrect or unjust listings

Listings on a tenancy database must be:

• removed if they are older than 3 years
• removed or changed if a landlord, agent or database operator become aware that the information is incorrect, incomplete, unclear or out-of-date
• removed or changed where a tenant has been unable to resolve the matter with the landlord or agent and obtains an order from the Tribunal that the listing is unjust, incorrect or out-of-date.

If a landlord or agent becomes aware that a listing needs to be removed or amended, within 7 days they must either correct the database themselves or notify the database operator.

If a database operator is notified by a landlord or agent that a listing should be changed or removed to make it accurate or complete, they must do this within 14 days.

If a tenant believes a listing to be unjust, incorrect, or out-of-date and the tenant cannot resolve the issue with the landlord or agent, the tenant can apply to the Tribunal for an order that a listing be changed or removed.

The Tribunal can award compensation to a tenant if they have suffered a loss as a result of inaccurate, unclear or out-of-date information being listed on a tenancy database.