Bad Tenant List (LTB)

Property management company agrees to scrap bad tenant list, 2016 CanLII 30544 (PCC)

24. Our preliminary analysis first looked at whether a reasonable person would consider the purpose for the collection, use or disclosure of personal information in connection with the "bad tenant" list as being appropriate in the circumstances, pursuant to subsection 5(3).

27. Landlords can conduct limited credit or reference checks with the consent of the prospective tenant for these purposes, or can interview prospective tenants and evaluate their responses. A credit check can flag missteps in the tenant's credit history, which may include missed or late payments, judgments, bankruptcy or past due rent. This information can be helpful in evaluating a tenant as to how they have been able to manage their financial responsibilities and can also reveal facts about the applicant that may have been omitted from the rental agreement, such as previous addresses.

30. After a careful analysis of the above noted provisions, it was our conclusion that the Respondent's "bad tenant" list included what would be considered "credit information" and "personal information" under the province's credit reporting legislation and that the Respondent's disclosure of that information to landlords would therefore require the Respondent to be licensed as a credit reporting agency under that Act.