- Ardross property owner breached rules on rent, bond and property condition report
- Demanded $32,400 before tenant had taken occupancy or moved in
- Ignorance of the law is no excuse for landlords regarding their responsibilities
A private landlord who did not understand her obligations under WA’s tenancy laws has received a spent conviction and was fined $8,500 by the Perth Magistrates Court.
The woman, who lives in New South Wales, pleaded guilty to four charges of breaching the Residential Tenancies Act, regarding her handling of rent and bond payments, and a property condition report, for a property she owned in Ardross.
In February 2024, the landlord entered into a tenancy agreement and demanded $16,200 to cover the first three months’ rent. This demand, made a month before the tenant took occupancy, violated the Act which prohibits landlords from seeking more than two weeks’ rent in advance at this stage of the tenancy.
Around a month before the due date for further rent, the landlord unlawfully started demanding an additional $2,700 in fortnightly rent. She said in a text message that she would find another tenant if the payments were not made.
A further $16,200 paid as a security bond was not lodged with the Bond Administrator at Consumer Protection within the required 14-day timeframe. Of this amount, only $5,400 of the bond was lodged and that was four months after it was received. The remaining $10,800 was subsequently arranged for deposit with the Bond Administrator by the landlord but only following the initiation of prosecution action by Consumer Protection.
Beyond the bond and rent issues, the landlord also failed to provide the tenant with two copies of a property condition report within the required seven days, instead providing them 32 days late.
During sentencing, Magistrate Webb stressed that ignorance of the law was no excuse and that the landlord should have enquired about her obligations.
Commissioner for Consumer Protection Owen Kelly said the Residential Tenancies Act was a vital safeguard for tenants, who were especially vulnerable during periods of high demand in the rental market.
“When tenants have fewer options, they may have little to no power to negotiate with landlords before or during the tenancy. Therefore, it’s crucial landlords respect the laws that have been put in place to protect them,” Dr Kelly said.
“The tenant in this case was subjected to unnecessary risk by being asked to pay three months of rent upfront before moving in. She was also placed under unnecessary financial burden when further rent demands were made before that initial period had expired.
“Handling security bond money is a serious matter, and the 14-day lodgement rule exists to safeguard the interests of both tenants and landlords.
“All landlords with property in Western Australia need to familiarise themselves with the laws, or delegate this responsibility to a property manager, otherwise they risk facing legal repercussions.”
More information on the obligations of private landlords is available on the Consumer Protection website or enquiries can be made by email consumer@dmirs.wa.gov.au or by calling 1300 30 40 54.
Media Contact: cpmedia@demirs.wa.gov.au