South Australian Current Acts

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RESIDENTIAL TENANCIES ACT 1995 - SECT 99H

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in a residential tenancy database becomes aware that the information is inaccurate, incomplete, ambiguous or out of date.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            (b)         if the information is out of date—that the information is out of date and must be removed.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.



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