128Listing can be made only for particular breaches by particular

128 Listing can be made only for particular breaches by particular persons (1) A landlord or database operator must not list personal information about a person in a tenancy database unless: (a) the person was named as a tenant in a tenancy agreement that has ended; and (b) the person breached the tenancy agreement; and (ba) the person was a tenant at the time of the breach; and (c) at least one of the following applies: (i) the person agreed in writing to the listing; (ii) the Tribunal found that the person personally breached the tenancy agreement and, because of that breach: (A) the person owed the landlord an amount of money that was more than the security deposit; or (B) the Tribunal made an order terminating the tenancy (d) the personal information: (i) relates only to the breach; and (ii) indicates the nature of the breach; and (iii) is accurate, complete and unambiguous. Examples for subsection (1)(d)(ii) Personal information in a tenancy database indicates the nature of the breach if it includes a reference to the following: (a) "rent arrears" – for a person who has breached a tenancy agreement by failing to pay rent; (b) "damage to premises" – for a person who has breached a tenancy agreement by damaging premises. (2) A person commits an offence if the person: (b) lists personal information about a person in a tenancy database other than in accordance with subsection (1).

Residential Tenancies Act 1999 86 (3) An offence against subsection (2) is an offence of strict liability. (4) A person commits an offence if the person: (b) while a tenancy agreement is in place, threatens to list personal information about a tenant in a tenancy database. (5) An offence against subsection (4) is an offence of strict liability.