Rental databases, also called ‘blacklists’, are used by real estate agencies to collect information about renters. A renter can be listed on a database if they leave a property and they owe money for rent or damage (more than their bond) or if they were evicted for certain reasons. A listing expires after three years.
When can a renter be listed on a rental database?
A renter can only be listed on a database if the rental agreement has ended, and they were named as a renter on the rental agreement.
Some circumstances where a renter can be listed on a database include:
- If the property was damaged and because of the damage, the renter owes more than the bond
- Rent was not paid (and the rent owed was more than the bond)
- The renter was evicted because they put the safety of others in danger
- The renter was evicted because they caused serious damage to the property
- The renter was evicted because of illegal activity at the property
- The renter was evicted because they did not follow an order made by VCAT
- The renter was evicted because the property was assigned or sub-let without permission.
What if my client experienced violence?
If there is a reason to list your client on a rental database, the rental provider is not allowed to list someone if:
- the rental agreement was breached because of family violence or personal violence
- the listing relates to an order VCAT has made terminating and creating a new rental agreement because of family violence or personal violence
- your client objected (in writing) to the database listing because of family violence or personal violence and gave evidence of the violence. Evidence can include documents like an intervention order, a police report or a letter from a family violence worker.
If the rental provider indicates they are going to list your client on a database and it relates to an experience of family or personal violence, your client has rights to stop this.
If your client has already been listed on a database and the listing relates to family or personal violence, there are also ways to have the listing removed.
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What is family violence or personal violence under tenancy law?
Tenancy law contains options for renters who experience both family violence or personal violence as defined below.
Family violence is a behaviour by a partner, caregiver, family member or guardian that is:
- Physically or sexually abusive
- Emotionally or psychologically abusive
- Economically abusive
- Threatening
- Coercive
- In any other way controls or dominates the family member causing them to feel fear for safety or wellbeing of themselves or others
- Causes a child to hear or witness or be exposed to the effects of the above
Personal violence can be carried out by a non-family member and means the following:
- Assault
- Sexual assault
- Harassment
- Property damage or interference
- Making a serious threat
- Stalking
What is family violence or personal violence under tenancy law?
Tenancy law contains options for renters who experience both family violence or personal violence as defined below.
Family violence is a behaviour by a partner, caregiver, family member or guardian that is:
- Physically or sexually abusive
- Emotionally or psychologically abusive
- Economically abusive
- Threatening
- Coercive
- In any other way controls or dominates the family member causing them to feel fear for safety or wellbeing of themselves or others
- Causes a child to hear or witness or be exposed to the effects of the above
Personal violence can be carried out by a non-family member and means the following:
- Assault
- Sexual assault
- Harassment
- Property damage or interference
- Making a serious threat
- Stalking
Preventing a database listing
If your client’s rental provider plans to list them, they are required by law to give your client a copy of the information to be listed on the database. If your client is moving out of a property, it’s a good idea for them to provide the agent or rental provider with a postal address and contact information so that your client receives this information. Your client has 14 days to dispute the listing. Your client can do this by writing to their rental provider and explaining why they think the listing is not accurate, complete or clear.
Your client can also write to their rental provider to object because the information relates to family or personal violence. Your client must also provide evidence, for example:
- an intervention order or safety notice
- a letter, report, written statement or other document from someone else about your client’s experience of family or personal violence (including a support letter from you or another of the client’s support workers).
In addition, a rental provider or database company must not list information about breaches to the rental agreement if the breach was due to family or personal violence.
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Applying to VCAT to have a listing removed or changed
Your client can apply to VCAT to remove or change an existing listing if:
- The listing is a result of family or personal violence
- There is no lawful reason for the listing
- Your client was not given notice of the listing, or the opportunity to object before it was listed
- The rental provider became aware that the listing needed to be removed or changed but didn’t tell the database company
- A listing would be unjust because it would have a disproportionate impact on finding future rental properties
- The database company was given notice to remove the listing but didn’t
- The database company listed information that could put your safety at risk
- The listing is more than 3 years old
Applying to VCAT to have a listing removed or changed
Your client can apply to VCAT to remove or change an existing listing if:
- The listing is a result of family or personal violence
- There is no lawful reason for the listing
- Your client was not given notice of the listing, or the opportunity to object before it was listed
- The rental provider became aware that the listing needed to be removed or changed but didn’t tell the database company
- A listing would be unjust because it would have a disproportionate impact on finding future rental properties
- The database company was given notice to remove the listing but didn’t
- The database company listed information that could put your safety at risk
- The listing is more than 3 years old
Where can my client get more help?
Family violence & housing support services
If you can’t assist your client to object, change or remove a listing, a family violence or housing support service may be able to help your client. They could also write a letter as evidence to object, change or remove a listing.
See our list of services for family violence and housing service options.
Legal services
The following services might be able to provide your client with advice about rental databases:
- Victoria Legal Aid: Legal Help can give legal advice over the phone, or via an online chat service.
Our free self-help tool, Home of Your Own, provides personalised legal information, practical guidance, and templates for Victorian renters who are facing family violence.
The content on the Workers’ Resource Hub is legal information for general guidance and not legal advice. The content on this webpage was last updated in August 2023. See full disclaimer and copyright notice.
