- Real estate agency fined $5,000 for failing to lodge two tenancy bonds
- Bonds lodged late by 1,100 days and 775 days, and only after prosecution had begun
- Second time the agency has faced prosecution by Consumer Protection
An Alkimos real estate agency has been fined $5,000 and ordered to pay $5,499 in costs after failing to lodge two tenancy bonds with the Bond Administrator within the required timeframe.
Lomax Coastal Realty Pty Ltd was sentenced in the Joondalup Magistrates Court after pleading guilty to two charges relating to excessive delays in lodging bonds received from a tenant.
Under the Residential Tenancies Act 1978, security bonds for residential tenancies must be lodged with the Bond Administrator as soon as practicable and no later than 14 days after receipt.
In April 2022, Lomax Coastal Realty received a total of $2,780 from a tenant at a Butler property, comprising a $1,680 security bond, a $260 pet bond and two weeks’ rent. The agency failed to lodge the two bonds by the due date and did not lodge them until 23 May 2025 – a delay of 1,121 days and only after prosecution by Consumer Protection had commenced.
Exactly 12 months later, the agency received an $80 security bond increase from the same tenant at the same property. It was not lodged until 11 June 2025, a delay of 775 days, again only after prosecution began.
The bonds are now held in full by the Bond Administrator at the Department of Local Government, Industry Regulation and Safety.
This is the second time Consumer Protection has taken action against Lomax Coastal Realty. In August 2021, the company was ordered to pay $7,500 after making false claims about the air-conditioning of a property for sale, in breach of the Australian Consumer Law.
In this latest case, Magistrate Shackleton noted that while the omission arose from poor internal processes rather than deliberate conduct, the significant delays highlighted the need for proper bond-handling procedures.
Commissioner for Consumer Protection Trish Blake said timely bond lodgement was a fundamental requirement designed to protect both landlords and tenants.
“Bond money must be lodged promptly so it is held safely and independently. When agencies fail to do this, they put consumers at risk and undermine confidence in the rental system,” Ms Blake said.
“These delays – stretching into years – are completely unacceptable. Even if the failure wasn’t deliberate, agencies have a clear responsibility to maintain proper processes and comply with the law.
“Most property managers do the right thing, but when they don’t, we will step in. Tenants should feel confident that their bond money is protected from the minute they hand it over.”
Landlords and agents are required to issue a receipt immediately after receiving any bond payment and must keep accurate records of all bonds held. Once processed, Bonds Administration sends a record of the bond lodgement to everyone named on it.
Further information about landlord and agent responsibilities can be found on the Consumer Protection website or enquiries can be made by email consumer@lgirs.wa.gov.au or by calling 1300 30 40 54.
Media Contact: cpmedia@lgirs.wa.gov.au