Can a landlord or property manager approach someone for a reference about me without my consent?

If a landlord or property manager obtains information about you from someone without your consent, it will raise privacy issues. The landlord shouldn't be collecting information about you from an unapproved source, and from the person who provided the information, who disclosed this information without your consent.

If you are sure that this has happened to you, you should complain to the landlord or property manager. If you are unhappy with their response and believe you have been harmed in some way as a result of their actions, you can make a complaint to us(external link). For more information about how the Privacy Act applies when renting, see our guidance here. 

We would also suggest that, before listing someone as a character referee, you check to make sure they are happy to provide you with a reference, and that you have the best contact details for them.

We also get asked if a landlord can look up information about a potential tenant online(external link). Information that has been posted publicly online is available to everyone. As well as information posted publicly online, publicly available information also includes any books, magazines, newspapers, public registers or any other publication which is generally available to the public.

An important consideration to make when referring to publicly available information about a potential tenant, either online or from other public sources, is to check the information is accurate and current. The best way to do this is to give the candidate an opportunity to explain if the information you found out about them online is accurate or not.