Lessor fined for residential tenancy breaches - Real estate bulletin issue 100 (November 2015)
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5 November 2015
A lessor has been fined $24,000 after the Consumer Protection Division of the Department of Commerce (Consumer Protection) prosecuted him for breaches of the Residential Tenancies Act 1987 (RT Act).
Carl Raymond Olsen of Meekatharra, who owned and leased out a property in High Wycombe during 2013 and 2014, was found guilty of 13 contraventions of the RT Act. In addition to the $24,000 fine, he was also ordered to pay costs of $462.
Some of the breaches of the RT Act included:
- Failure to lodge a security bond with the Bond Administrator for three tenants.
- Violation of a tenant’s right to peace, privacy and quiet enjoyment of the property by attending the property without proper notice.
- Requesting more than two weeks rent during the first two weeks of the tenancy.
- Failure to use the prescribed Form 1AA Residential Tenancy Agreement when putting new tenancy agreements in writing.
- Not providing receipts for rental payments.
- Requesting an amount in excess of what is legally permitted as the security bond.
Further information is available in the media statement recently issued about this matter.
Acting Commissioner for Consumer Protection Gary Newcombe hopes this significant result will send a strong message to private landlords that, like real estate agents, they must comply with tenancy legislation.
The result of this matter and the significant fine imposed by the Magistrates Court clearly sends a strong message to lessors and agents they must comply with the requirements of the RT Act.
Lessors, real estate agents, property managers and tenants can find more information relating to residential tenancy requirements on the Consumer Protection website or enquiries can be made by email or by calling 1300 30 40 54.
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