You can be blacklisted as a renter without even knowing it.
Key points:
- Amanda, a mother of six, had no idea she was blacklisted. This is her story
- Here are some ways to avoid being blacklisted
- How to appeal against a listing and who to contact
In fact, being put on one of these tenancy databases could mean you’re blocked from renting for years.
These databases are run by private companies and accessed by landlords and agents who report so-called “bad tenants”.
Many renters are reluctant to share their story for fear of backlash or shame.
Amanda’s story
Amanda* is a mother with a large family. At the end of her lease, she and her partner looked for a new place to rent, but were rejected over and over.
It turned out they were secretly put on a rental blacklist.
“I was probably looking at three to four houses a week. There was only me applying, there was no-one else and I was getting knocked back so many times,” she said.
“I didn’t have a clue why. I thought it might have been I had too many kids. I thought it might have been my income. I really didn’t know.
“It was very stressful. I didn’t get a house for six or seven months.
“I was living with my mum who only had a two-bedroom house and there was me and my six kids. We were just all over the shop.
“I didn’t know where I was going to go or how long it was going to take to find a new house.
“I was declined, declined, declined … day after day.
“I reckon I would have been homeless [without my mum].
“Then one [agent] was actually very honest with me. She said: ‘They put you on [a database] for rent arrears’, so I took [my previous agent to court].”
Amanda did not owe any rent at the end of her lease.
“[The previous agent] had to tell me by law. I was told nothing. She didn’t even send me an email,” Amanda said.
“I was very upset and cranky. She could have at least told me I was put on there or I could have worked out something with her. But she didn’t do that, she went behind my back.
“She wasn’t very fair at all.
“Now I’m very happy with my new real estate [agent].
“I was just honest and upfront about what happened. I outlined that [the blacklisting] wasn’t for rent arrears.
“She gave me a second chance because no other real estate company was going to give me a chance.
“She signed me up for a six-month lease. She was very honest and willing to give me a go.”
*Not her real name
Here are some ways to avoid being blacklisted
What can I be blacklisted for?
In all states except the Northern Territory, there are tight rules about how a tenant can be blacklisted to stop malicious listings.
Generally, you can only be listed:
- at the end of a lease AND
- when you owe rent that’s more than the total of the bond OR
- as the result of a court or tribunal order
In Victoria, breaches of your rental agreement, such as malicious property damage or endangering neighbours’ safety, can get you blacklisted.
In Queensland, objectionable behaviour or repeated lease breaches may also get you blacklisted.
In the Northern Territory, there are moves to provide more protections for renters. But, until that happens, the system is unregulated and there are broad reasons for being blacklisted, including overdue rent or breaching the lease agreement.
If you’re in the NT, you may not even know you’ve been listed, there are few ways to appeal and no legal time limit on how long you’ll be on it.
NT Consumer Affairs says to avoid being blacklisted you should pay your rent on time and not damage the property.
How will I know I’ve been listed?
In all states except the NT, landlords and agents must tell you in writing before they blacklist you, allowing you time to appeal against the decision.
Even when you’re applying for a place, you must be told whether a database will be used and when a listing about you comes up.
In some states, there are fines if landlords or agents don’t follow these rules.
How can I appeal against a listing?
Depending on your state, you can appeal against a listing if it’s incorrect, out of date or unjust.
In most cases, listings of more than three years must be removed.
You could raise an objection with the agent or landlord or relevant appeals body, such as a court or tribunal.
Do I really need to pay to check my record?
Database companies usually charge a fee but tenant advocates say you shouldn’t bother with them unless you have a reasonable suspicion you’re on a list and know exactly which database you might be on.
“There’s no real urgency to contact the database operators,” said Mark O’Brien, chief executive of the Tenants Union of Victoria.
“The system’s not supposed to work that the tenant does the checking, the system is supposed to work that estate agents tell you if you’re listed.”
In New South Wales, you’re entitled to obtain a listing from the person who listed you free of charge.
Who are the database operators?
You probably don’t know these names but they might already know yours.
| Operator Name | Description |
|---|---|
| Trading Reference Australia | Checks for defaulting tenants and runs the online rental application system, tApp. |
| TICA | Australian company that checks tenancy history and offers police background checks and insurance products. |
| National Tenancy Database | Run by American-based company Equifax, this company scans bankruptcy, court and company directorship records. |
| Tenancy Check | Also run by Equifax and checks data from courts and tribunals and private databases. |
| DataKatch | Checks for defaulting tenants and searches courts, Facebook, Google and LinkedIn. |
| Barclay MIS | Debt-collection company that checks for defaulting and fraudulent tenants. |
souce: http://www.abc.net.au/news/2018-03-04/rental-blacklist-tenancy-database-should-i-be-worried/9505712