Australian Capital Territory Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 91

    (1)     A lessor, lessor's agent or database operator must not list personal information about a person in a residential tenancy database unless—

        (a)     the person was named as a tenant in a residential tenancy agreement that has ended; and

        (b)     the person has breached the agreement; and

        (c)     because of the breach, either—

              (i)     the person owes the lessor an amount that is more than the rental bond for the agreement; or

              (ii)     a court or the ACAT has made an order terminating the residential tenancy agreement; and

        (d)     the personal information—

              (i)     relates only to the breach; and

              (ii)     is accurate, complete and unambiguous.

    (2)     Without limiting subsection (1) (d) (ii), the personal information must indicate the nature of the breach.

Example—indication of nature of breach

Personal information in a residential tenancy database indicates the nature of the breach if it includes a reference to the following:

              •     ‘rent arrears'—for a person who has breached a residential tenancy agreement by failing to pay rent; or

              •     ‘damage to premises'—for a person who has breached a residential tenancy agreement by damaging the premises.