Tenancy databases - Disputing a database listing
An application to the Tribunal for a tenancy database listing to be removed is an urgent application. Tribunal application forms are available at www.qcat.qld.gov.au When applying to the Tribunal it is useful to have a copy of your listing and evidence to dispute the listing.
Before the hearing you may apply to the RTA Dispute Resolution Service to try to resolve the dispute but this is not a requirement. You can apply to the Tribunal to dispute a proposed listing or an existing database listing under the following sections of the Act:
Proposed listing (section 462) If you are notified about a proposed listing on a tenancy database and you believe the listing would be unlawful or unjust, you can apply to the Tribunal for an order that the listing not be made.
Breach of listing rules (section 460) If a listing is in breach of the allowed reasons for listings set out in the Act, you can apply to the Tribunal for an order that the listing be removed. You must lodge your application with the Tribunal within six months of becoming aware of the listing.
Incorrect or unjust listing (section 461) If the listing is inaccurate or unjust in the circumstances, you can apply to the Tribunal for an order that the listing be removed. You will need evidence to support your case. There is no time limit to apply to the Tribunal to dispute incorrect or unjust listings.
The Tribunal will take into account the reason for the listing, and:
- whether you were responsible for the acts or omissions that led to the listing.
- the adverse consequences that you have suffered, or are likely to suffer as a result of the listing.
- any other relevant matter (such as the circumstances that led to the listing).
Examples of listings that are unlawful
- A person who lived in the premises is listed, but they were not named on the tenancy agreement.
- A tenant left owing some money but the rental bond was enough to cover the amount owing.
Examples of listings that may be unjust
- A tenant was in hospital and fell behind with the rent.
- A tenant left the property to escape from domestic violence and their former partner was responsible for damage after they left.
Example of a listing that is inaccurate
- A tenant is listed as owing a debt for the tenancy, but no Notice to Remedy Breach was issued for rent arrears and there is no Tribunal order or conciliation agreement as evidence of the debt.