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Law Current to: September 12, 2025

Tenancy database listings

What is a tenancy database?

A tenancy database, also known as a “tenant blacklist”, is a private database used by landlords and real estate agents to record information about tenants who have had issues during their tenancy.

These databases are used by landlords and property managers to screen potential tenants by providing a history of their rental behaviour. In Queensland, the use of tenancy databases is regulated under Chapter 9 of the Residential Tenancies and Rooming Accommodation Act 2008.

The RTRAA provides protection against incorrect and unfair listings while also recognising landlords’ right to take reasonable steps to protect their property.

Who can be listed on a tenancy database?

Only tenants named on the tenancy agreement can be listed on a tenancy database: s 459 of the RTRAA.

When can a tenant be listed?

Tenants can only be listed on a database after the tenancy agreement has ended. There must be a valid reason for the listing: s 459 of the RTRAA. A person cannot be listed if QCAT has made an order under s 245(6) of the RTRAA that the person must not be listed in a tenancy database: s 459 of the RTRAA.

What can a tenant be listed for?

A tenant can only be listed on a tenancy database for an approved reason, which are set out in the Residential Tenancies and Rooming Accommodation Regulation 2025 (Qld) (the Regulations). The approved reasons are:

Amounts owing (ss 26, 27, & 28 of the Regulations)

Where the tenancy agreement has ended and the amount that the tenant owes the landlord exceeds the rental bond and:

    • the tenant has been served with a Notice to Remedy Breach (Form 11) for rent arrears and has failed to remedy the breach: s 26 Regulations;

    • the money owed under a conciliation agreement or QCAT order is not paid on time: s 27 of the Regulations; or

    • the tenant abandoned the property, unless the dispute is currently subject to a QCAT determination: s 28 of the Regulations

If no rental bond has been paid, a tenant can only be listed if the amount owing is more than one week’s rent.

Objectionable behaviour (s 29 of the Regulations)

Where QCAT has terminated the tenancy agreement for objectional behaviour: s 29 of the Regulations. This includes behaviour such as harassment, intimidation, or causing a serious nuisance: s 345 of the RTRAA.

Repeated breaches (s 30 of the Regulations)

Where QCAT has terminated the tenancy agreement for repeated breaches: s 30 of the Regulations. This applies when the tenant has committed multiple breaches of the tenancy agreement, and these breaches justify terminating the agreement: s 347 of the RTRAA.

The UQ Pro Bono Centre, in partnership with Tenants Queensland, completed a review of Queensland’s tenancy database legislation in 2023.

You can read the report here: Report_Tenancy Database Legislation

In 2016, the Pro Bono Centre prepared a report on the privacy implications for tenancy data base listings.

The listing must be accurate, complete, and not misleading. Landlords and agents are required to notify tenants in writing before listing them and provide them with 14 days to object to the listing: s 459(2) of the RTRAA. However, if the tenant moves out and does not provide forwarding details, the tenant may not receive notice of the proposed listing.

If a tenant is aware of a proposed listing they should speak to the listing person to reach an agreement. The listing person must consider any submissions made. However, where no agreement is reached, the tenant may request dispute resolution services from the RTA through either their Web Service or by completing a Dispute Resolution Request Form 16. The RTA can then assist with negotiating an agreement about a listing or proposed listing. Alternatively, the tenant may also choose to apply directly to QCAT for order that the listing person, agency or database operator not list the tenant: s 462 of the RTRAA.

Options if breach caused by family violence

If QCAT has made an order under s 245 of the RTRAA to recognise a person as the sole or co-tenant instead of the person’s domestic associate due to domestic violence being committed against the person, QCAT can then also make an order that the victim-survivors must not be listed on a tenancy database where the breach is a result of a perpetrator’s violence: s 245(6) of the RTRAA.

Since that order is contingent on the first order being decided, QCAT will have regard to whether the person has applied for a protection order, whether a domestic violence order is in force and whether there were conditions prohibiting the person from entering/remaining on the premises. The perpetrator can be listed on the tenancy database.

How long can you be listed on a tenancy database?

A tenant can be listed on a tenancy database for a maximum of three years: s 459D of the RTRAA.

After this period, the listing must be removed by the database operators pursuant to their obligation to remove out of date information from a tenancy database within 14 days, otherwise they can be fined (s 458B of the RTRAA). However, if the information becomes inaccurate, out-of-date, or misleading before the three-year period ends, the listing must be updated or removed accordingly.

If the listing is not automatically removed after three years, the tenant can write to the listing agent, landlord or database operator to advise that the listing is required to be removed. If it is not removed, the tenant can apply to QCAT for an order to remove the listing: s 460 of the RTRAA.

In practice, tenancy database operators automatically remove listings after three years. It is uncommon for a listing to remain after the three-year period.

TICA’s Virtual Manager Service

Tenancy Information Centre Australasia’s (TICA) “virtual manager” service was recently considered in ‘AHL’ and TICA Default Tenancy Control Pty Ltd.

As described in the AHL, the Virtual Manager service allows real estate agents to enter the details of tenants they wish to monitor. Real estate agents can receive emails alerts when the monitored tenant is searched on TICA by another user. For example, the real estate agent can receive a notification when the tenant’s name is searched on TICA following an application for a tenancy.

In AHL, the Australian Information Commissioner and Privacy Commissioner explained, ‘The VM database appears to have been used to circumvent the legislative requirements in order to allow the respondent’s members to indefinitely conduct risk assessments of prospective tenants or to indefinitely locate individuals upon the cessation of a residential tenancies agreement.’

The Australian Information Commissioner and Privacy Commissioner found some aspects of TICA’s Virtual Manager to breach the complainant’s privacy.

How do you check if you’ve been listed on a tenancy database?

A tenant can check if they have been listed on a tenancy database, by:

  • Requesting Information from the Landlord or Agent: They are required to inform the tenant if they have listed them on a database (a fee may apply): s 459C(1) of the RTRAA.
  • Contacting the Listing Agent or Database Operator: The tenant directly contact the listing agent or database operator (eg companies like TICA, National Tenancy Database (NTD) or Trading Reference Australia) to request a copy of the listing, which then must be provided to them within 14 days (a fee may apply): s 459C(2) of the RTRAA.

A fee must not be excessive and must not apply to lodging a request for accessing the information: s 459C(3) of the RTRAA.

Grounds to dispute a listing

A tenant can dispute a listing on the tenancy database if:

  • The information is inaccurate, incomplete, ambiguous or out of date.
  • The inclusion of the information is unjust in the circumstances (e.g tenant was in hospital and fell behind on rent or was in domestic violence situation).
  • The tenant was not notified about the listing.
  • The listing was made more than three years ago.
  • The listing does not meet the criteria set out in s 459 of the RTRAA.

To dispute a listing, the tenant can contact the landlord or agent who made the listing or the database operator and request its removal or correction and request for evidence to justify the listing. It is important to keep copies of any correspondence.

If they do not comply, the tenant can apply to QCAT for an order to have the listing removed or amended. To apply to QCAT the tenant will need to complete a Form 2 Application for Minor Civil Dispute – Residential Tenancy Dispute.

Time limits to dispute listing on a tenancy database

If the tenant believes there has been a breach in the listing process, i.e. there has been an unlawful listing that does not meet the approved criteria under s 459 of the RTRAA, the tenant must apply to QCAT within six months of becoming aware of the breach: s 460 of the RTRAA.

There is no time limit to dispute an inaccurate, incomplete, out of date, ambiguous, unjust listing, or a listing causing extreme hardship (s 461 of the RTRAA).

Relationship between tenancy databases and social housing

The tenancy database provisions of Act and Regulations do not apply to social housing databases (s 458 of the RTRAA). A social housing database is a separate database kept for the purpose of providing housing services under the Housing Act 2003 (Qld). For example, the Queensland Government operates a Social Housing Register.

It is possible that social housing providers may use tenancy databases to screen applicants and therefore a negative listing could affect an applicant’s eligibility. However, social housing providers are required to make decisions fairly and transparently, using principles compatible with human rights. If a social housing tenant believes their human rights have been violated they may be able to make a complaint to the Queensland Human Rights Commission.

For further information on tenancy databases and applying to QCAT visit Tenants Queensland website here.

We also provide a list of QCAT decisions that consider tenancy database listings here.

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