(Blacklisted? Blackmailed, more like)
Please: don't sign up for this 'service' and don't give TICA any of your money.
You are entitled to know if you are listed on a tenancy database. And you're entitled to a copy of the listing free of charge.
If you apply for a rental property and the landlord or agent finds that you are listed on a tenancy database, they are obliged to tell you that you're listed and who listed you (section 211 of the Residential Tenancies Act). If they don't say anything, ask them directly if they've found a listing, and remind them of their obligation.
The landlord or agent who listed you is obliged to give you a copy of the listing (section 216(1) of the Residential Tenancies Act). The copy must be given to you free of charge and within 14 days; if they don't comply, they're liable for a $2 200 fine.
It should be noted that TICA is also obliged to give you a copy of the listing (section 216(2)). The Act allows it to charge a fee for doing so, but the fee must not be 'excessive' (section 216(3)(a)).
TICA charges fees for each of its methods of giving a copy of the listing – $5.45 per minute by phone; $19.80 by mail; $33 by fax; $55 by My TICA File – and we reckon each is excessive, considering that it costs nothing for an agent to call up a listing and every other database operator manages to provide copies free of charge.
So if you absolutely must deal with TICA directly, write and tell them that their fees are excessive and consider complaining to Fair Trading about it.
My office subscribes to both TICA and DataKatch, the benefit for tenants with DataKatch is that they can get a copy of their file for free.
ReplyDeleteWhat is the name of your company im interested of getting a copy of my tica history
DeleteWhat is the name of your company im interested of getting a copy of my tica history
DeleteHow do we get our free copy?
Deleteis this website accurate?
If TICA publishes false information about you it is plain, old fashioned LIBEL and you are entitled to sue them. Same goes for your credit file. If these for-profit companies say something about you which is not true, SUE THEM!
ReplyDeleteTICA state in their policy of use that Agents cannot use TICA as a blackmailing tool. How do we go about informing them that blackmailing is going on? Is TICA the main database or is there a place to complain to the main residential tenancy database that Agents are using this a blackmailing tool?
ReplyDeleteHi Anon,
DeleteTICA is one of several databases, but is generally the more horrible database to deal with. There is no central database, they all maintain separate lists.
Make sure to get advice from your local Tenants' Advice and Advocacy Service: tenants.org.au/contact-us about whether they way the agent is using the database is legal, and what you can do about it.
is there a free instant online service to see if you are blacklisted for some reason
ReplyDeleteHi vickstar,
DeleteNo - all the databases apart from TICA will tell you if you are listed for free, but they won't all do it instantly. Most require a form to be submitted.
There are paid services out there, but generally they do not check all databases.
When you apply for a tenancy, the agent is obliged to inform you if they check your name and find you are listed.
How can I check myself for free , for real nsw renters
ReplyDeleteI put an application to rent a property and was denied my application. I am going to court for a property which I rented. Within 3weeks of moving in the ceiling fell in.you could see daylight through the roof. They gave the owner a quote to replace the roof because it was in a mess. The roof didn't get fixed they fixed it with plaster board however the person who came out told us the whole ceiling was mouldy and it was a health hazard to live in this property. I rang The realestate to try to get out from my lease of 6months. Realestate said no the ceiling had been fixed. I did explain that the whole house was mouldy and unfit to live in. I moved in on 3 October and by the end of November we were all getting medical problems. I moved out on the 28/11/18 reason was next door was selling drugs and someone came to the house with a gun and he smashed the front glass . I rang the police and they told me to get out of the house. I never slept at the house but I went to Bali for a holiday and when I came back they were squatters inside the property. I kept on ringing the agent and emailing her. She never came to see the property because each day and night these people did a lot of damage. The realestate said because I was renting the property that I had to pay for the damage? It's with qcat now and going to court on 29/05/2019 . I gave them 54 photos. The problem is I applied for a rental and couldn't get the house because I'm on TICA . The realestate said if they can keep the bond money my name will be off TICA $1320. How long does it take for a realestate to take your name off TICA because I need this off asap to get the rental that I applied for kind Regards .lynn Beattie
ReplyDeleteHi Lynn,
DeleteWhat a horrible situation! Best to get advice from Tenants Queensland and the QSTARS tenancy advice program in Qld: https://tenantsqld.org.au/
The rules are different in different states so a Queensland adviser will be important to speak to.
Hi Lynn just wondering what ended up happening with your case?
Delete