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Residential Tenancies Act 1999
126Notice of usual use of database
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126 Notice of usual use of database
(a) a person (the potential tenant) applies to a landlord to enter
into a tenancy agreement; and
(b) the landlord usually uses one or more tenancy databases to
decide whether to enter into a tenancy agreement with a
(2) When the application is made, the landlord must give the potential
tenant written notice stating the following:
(a) the name of each tenancy database the landlord may use to
decide whether to enter into a tenancy agreement with a
person;
(b) that the landlord uses each database to check a potential
tenant's tenancy history;
(c) how the potential tenant may contact and obtain information
from the database operator for each database.
(3) Subsection (2) applies in relation to a tenancy database whether or
not the landlord intends to use the database to decide whether to
enter into a tenancy agreement with the potential tenant.
(4) However, the landlord need not give notice under subsection (2) if
the landlord has given the potential tenant written notice stating the
matters mentioned in the subsection not more than 7 days before
the application was made.
Residential Tenancies Act 1999 84
(5) A landlord commits an offence if the landlord fails to give notice in
accordance with this section.
(6) An offence against subsection (5) is an offence of strict liability.