Resources

The Office of the Privacy Commissioner wants to take a proactive stance to protect the rights and privacy of tenants and prospective tenants.

We want to make it easy for landlords and property managers to know what information they should and shouldn’t collect so they can build trust and get things right from the start of the tenancy relationship.

We have issued new guidance for tenants, landlords, and others in the rental accommodation sector to clarify what information may be requested at every stage of the rental process.

We have also launched a new monitoring and compliance programme to ensure that rental agencies and landlords stay on the right side of the Privacy Act.

Read the media release here.

Resources for Landlords

Resources for Tenants

COVID-19 and the Rental Sector

The COVID-19 landscape is constantly changing as the Government considers vaccination requirements and guidance for businesses, services, and individuals.

There is COVID-19 advice for landlords and tenants on the Tenancy Services website. This is updated regularly and can be visited here. Please visit the Unite Against COVID-19 website here for the latest information about COVID-19 in general.

Frequently Asked Questions

I’m a tenant. Can I refuse to answer questions that feel inappropriate?

Yes, applicants can refuse to share information, and can make a complaint to the Office of the Privacy Commissioner if the refusal is not accepted.
Landlords using old forms should tell applicants that they will be updated and that they don’t need to answer any inappropriate questions.

Can a landlord ask about my COVID-19 vaccination status?

Before asking this, landlords must first try to find an alternative way to keep everyone safe. For example, by arranging rental inspections when the sitting tenant is outside the property, or by social distancing and wearing masks.

I’m a landlord. Can you help me comply with the Privacy Act?

We have detailed guidance plus a fact sheet which clarify the rights and responsibilities of landlords under the Privacy Act.
Landlords, and those working in the rental sector, can also upskill their privacy knowledge using our free e-learning modules.

What is the penalty for landlords who don’t comply?

Possible consequences include: warning letters, access directions, compliance notices, referral to the Human Rights Review Tribunal, Public Interest Inquiry, public naming of agency, or a complaint to the Privacy Commissioner. The penalty for failure to comply with a Compliance Notice is a fine of up to $10,000.