Can Tenancy Services lawfully request information about my rental?

This week’s question comes from Alan (paraphrased): 

Tenancy Services recently sent me an information request for details of insulation at one of my rentals. Are they have the right to that information?  

Our response: 

The short answer is yes. The authority to audit rests with the Tenancy Compliance and Investigation Team (“TCIT”) that is part of Tenancy Services. In fact, we are aware of a number of APIA members (landlords and property management companies) who have
received similar requests for information. There is plenty of information online about the TCIT team and its activities.

That said, we think it is worthwhile to highlight the following, more nuanced points: 

• Despite its name, the TCIT specifically audits and investigates landlords, not tenants; 
• There are two prompts that trigger a TCIT investigation/intervention: specific tenant complaint and general random audit; 
• Not all complaints will trigger an investigation. In some cases, the TCIT team will advise the tenant to seek other avenues for redress/remedy; 
• In extreme cases where the breach is sufficiently serious, the TCIT team may take proceedings against the landlord (such as in this instance). 

Do you have any tenancy related questions? Write to us at [email protected] or hit us up on our social channels here and here.