Tenancy databases - Steps To Remove a Listing
1. Find out about the listing
Find out the name and address of the real estate agent or lessor who made the listing, and the reason for the listing.
Sometimes, it can be difficult to get this information because you are unsure who made the listing or the listing agent is no longer in business.
You may need to contact the tenancy database company directly to obtain details of your listing. In Queensland, many real estate agents use the TICA Default Tenancy Control Pty Ltd database.
Contact details for TICA are listed in this Tenancy Facts. If the listing agent is no longer in business and there is no evidence to justify the listing, you can write to the database company and request removal of your listing.
If the listing is not removed you can apply to the Tribunal for an order. Your application should name both the listing agent and database company as respondents.
2. Is the listing unlawful, inaccurate or unjust?
Contact the agent or lessor to obtain details of the listing. Ask the agent or lessor for a copy of any evidence they have to justify the listing.
If the agent or lessor has listed you for a reason not covered by the Act, this is an unlawful listing. You can request the removal of a listing that is unlawful, inaccurate or unjust.
3. Ask that the listing be removed
You can ask the agent or lessor to immediately remove the listing if it does not comply with the Act or if they do not have evidence to justify the listing. It is usually best to write to the agent or lessor and ask them to remove the listing, rather than just talk to them over the phone or face-to-face. Make sure that you keep a copy of the letter. If the agent does not remove the listing, move to Step 4.
4. Apply to the Tribunal to remove the listing
If the agent or lessor refuses to remove an unlawful or unjust listing, you can apply to the Tribunal for an urgent hearing and seek an order that the listing agent and database operator remove your details from the database. In many cases the agent and database operator will only remove a listing if you obtain an order for removal from the Tribunal.
5. If the Tribunal order is not complied with
If the agent or lessor who listed you does not follow a Tribunal order to remove your listing from the database, it is a serious offence. You can make a complaint to the RTA, who can investigate the matter. The listing agent can be fined for this offence.