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aware that personal information listed in a tenancy database by the landlord is inaccurate, incomplete, ambiguous or out-of-date. (2) Within 7 days after becoming aware that the information is inaccurate, incomplete, ambiguous or out-of-date, the landlord must give the database operator of the tenancy database written notice (a) that the information is inaccurate, incomplete, ambiguous or out-of-date; (b) if the information is inaccurate, incomplete or ambiguous – how the information must be amended so that it is no longer inaccurate, incomplete or ambiguous; (c) if the information is out-of-date – that the information must be removed.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Residential Tenancies Act 1999 88 out-of-date, in relation to personal information in a tenancy database, means the information is out-of-date because: (a) it shows that the person owes a landlord an amount, but the amount owed was paid to the landlord within 3 months after the amount became payable;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.