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Residential Tenancies Act 1999
130Ensuring quality of listing – landlord's obligation
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130 Ensuring quality of listing – landlord's obligation
(1) This section applies if a landlord becomes aware that personal
information listed in a tenancy database by the landlord is
inaccurate, incomplete, ambiguous or out-of-date.
(2) Within 7 days after becoming aware that the information is
inaccurate, incomplete, ambiguous or out-of-date, the landlord must
give the database operator of the tenancy database written notice
(a) that the information is inaccurate, incomplete, ambiguous or
out-of-date;
(b) if the information is inaccurate, incomplete or ambiguous –
how the information must be amended so that it is no longer
inaccurate, incomplete or ambiguous;
(c) if the information is out-of-date – that the information must be
removed.
Example for subsection (2)
A tenant owes a landlord an amount that is more than the security deposit. The
landlord lists the unpaid amount in a tenancy database. The tenant pays the
landlord the amount owed more than 3 months after it became payable. Within
7 days after becoming aware of the payment, the landlord must give the
database operator written notice stating:
(a) that the personal information is inaccurate; and
(b) the details of the payment to be included in the personal information so
that it is no longer inaccurate.
(3) The landlord must keep a copy of the notice for 1 year after it is
(4) In this section:
inaccurate, in relation to personal information in a tenancy
database, includes information that is inaccurate because it shows
that the person owes a landlord an amount, but the amount owed
was paid more than 3 months after the amount became payable.
Residential Tenancies Act 1999 88
out-of-date, in relation to personal information in a tenancy
database, means the information is out-of-date because:
(a) it shows that the person owes a landlord an amount, but the
amount owed was paid to the landlord within 3 months after
the amount became payable; or
(b) it was listed in accordance with section 128(1)(c)(ii), but the
order was set aside by a court or the Tribunal.