99H—Ensuring quality of listing—landlord's or agent's obligation
(1) This section
applies if a landlord or landlord's agent who lists personal information in a
residential tenancy database becomes aware that the information is inaccurate,
incomplete, ambiguous or out of date.
(2) The landlord or
agent must, within 7 days, give written notice of the following to the
database operator who keeps the database:
(a) if
the information is inaccurate, incomplete, or ambiguous—
(i)
that the information is inaccurate, incomplete or
ambiguous; and
(ii)
how the information must be amended so that it is no
longer inaccurate, incomplete or ambiguous;
Example—
A landlord lists, in a residential tenancy database, personal information
about a tenant who owes the landlord an amount that is more than the bond for
a residential tenancy agreement. The tenant pays the amount owed to the
landlord more than 3 months after the amount became due. The landlord
must, within 7 days after the landlord becomes aware of the payment, give
the database operator who keeps the database written notice of—
(a) the
personal information being inaccurate; and
(b) the
details of the payment to be included in the personal information so that it
is no longer inaccurate.
(b) if
the information is out of date—that the information is out of date and
must be removed.
Maximum penalty: $35 000.
Expiation fee: $2 000.
(3) The landlord or
agent must keep a copy of the written notice for 1 year after it was
given under subsection (2).
Maximum penalty: $35 000.
Expiation fee: $2 000.