Australian Capital Territory Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 89

    (1)     This section applies if—

        (a)     a person (the applicant ) applies to a lessor, or a lessor's agent, to enter into a residential tenancy agreement; and

        (b)     the lessor, or the lessor's agent, usually uses 1 or more residential tenancy databases for deciding whether to enter into a residential tenancy agreement with a person.

    (2)     The lessor, or the lessor's agent must, when the application is made, give the applicant written notice of the following:

        (a)     the name of each residential tenancy database the lessor or agent usually uses, or may use, for deciding whether to enter into a residential tenancy agreement with a person;

        (b)     that the reason the lessor or agent uses a residential tenancy database is for checking the applicant's tenancy history;

        (c)     for each residential tenancy database mentioned in paragraph (a)—how the applicant may contact and obtain information from the database operator.

    (3)     Subsection (2) applies whether or not the lessor, or the lessor's agent, intends to use a residential tenancy database for deciding whether to enter into a residential tenancy agreement with the applicant.

    (4)     However, the lessor, or the lessor's agent, is not required to give notice under subsection (2) if written notice of the matters mentioned in that subsection was given to the applicant not more than 7 days before the application is made.

Example—s (4)

Serena is a lessor's agent. When Sam collects an application form for tenancy of a residential property, Serena gives Sam the written notice required under s (2). If Sam lodges the completed form 5 days later, Serena does not need to provide notice under s (2) again.