Commissioner's blog: Renters have rights in bond disputes

Tenants and landlords don’t always see eye-to-eye over what constitutes “fair wear and tear” at the end of a tenancy, which may then lead to a disagreement over how the security bond is to be disbursed.

Bond disputes have been one of the major issues Consumer Protection has been handling since the rent moratorium ended in March this year, with new figures revealing we have conciliated 206 disputes so far this year – double the number of disputes recorded in the same period of 2020.

Second warning about Jeep parts seller who fails to deliver (James Bartlett / JPA Offroad Group Pty Ltd)

  • Consumers make payments but goods or services not supplied
  • Six consumers claim to be owed a total of almost $40,000
  • Trader has previously been prosecuted for failing to supply

A second warning has been issued to consumers regarding an online Jeep parts and accessories dealer and vehicle builder who takes payments but fails to deliver the goods or services ordered either by phone or via a website.

Commissioner's blog: Avoid car hire headaches

With more of us holidaying at home this year due to ongoing travel restrictions, hiring a rental vehicle can be a great way to explore our vast state.

Unfortunately things don’t always go to plan, with new figures showing we received 183 complaints and 251 enquiries from consumers about the vehicle hire industry in the last two years – mostly to do with disputes over refunds and payment.

Late lodgement of tenancy bonds results in fine for property agency (Tiapan Pty Ltd / L.J. Hooker City Residential)

  • Agency took up to five weeks to lodge bonds with the Bond Administrator
  • Law allows lodgement within two weeks but no longer
  • Property managers reminded to process bonds as soon as practicable

Failure to lodge three tenancy bonds on time has resulted in an East Perth real estate agency being reprimanded and fined $2,500 by the State Administrative Tribunal.

Order to pay $7,500 after false aircon claims about home for sale (Lomax Coastal Realty Pty Ltd / Loma Eldridge)

  • Website listing and signboard claimed the home had reverse cycle air conditioning
  • Home in fact had ducted evaporative air conditioning with only cooling function
  • Fines under Australian Consumer Law for making false or misleading statements

False claims about the air conditioning system of a Jindalee home for sale has resulted in an Alkimos real estate agency and its Director being ordered to pay a total of $7,500.

Ticket scalping focus shifts to major concert ticket sales

  • Tickets for major concerts being re-sold in breach of new laws
  • Several online ticket re-selling sites under investigation
  • Consumers advised to buy tickets only from authorised agents

Ticket sales for upcoming major concerts to be held in Perth next year are now in Consumer Protection’s sights after reports that tickets are being sold at prices not allowed under WA’s new ticket scalping laws.

Supervisor to take control of settlement agency after concerns raised (Real Asset Conveyancing Pty Ltd)

  • Consumer Protection granted supervision order to take over settlement agency
  • Action follows failure to complete recent settlements and disburse funds
  • Transactions involving the agency’s trust account under investigation

A supervisor will be appointed to a West Leederville settlement agency to take control of the agency’s bank accounts and its operations after concerns were raised about its inability to complete numerous property settlements and failing to communicate with clients.

Commissioner's blog: New scalping laws are just the ticket

Gone are the days in Western Australia where if you had your heart set on attending a sold-out event or concert you would have little choice but to fork-out hundreds of dollars more for a ticket than it was originally worth.

This is because new ticket scalping laws have taken effect that restricts the resale of tickets to a maximum ten per cent mark-up from the original price. Also outlawed is the use of software known as ‘bots’ that bypass security measures to make bulk ticket purchases.

Commissioner's blog: Take charge of button batteries

Children’s toys that light up and make noise are supposed to be fun, but lurking within many of these devices are a hidden danger – button batteries.

If young children gain access to just one button battery and ingest it, they may suffer internal burn injuries, which can result in serious illness and even death. That’s why it’s crucial for button batteries to be properly and adequately secured within the devices they power. 

Baby photographer pleads guilty and returns photos (Melissa Sheed)

UPDATE 2/11/21: Melissa Sheed was fined a total of $8,800 by the Perth Magistrates Court after pleading guilty to four charges of accepting payment but failing to supply the photos of new-born babies to four consumers, in breach of the Australian Consumer Law. Ms Sheed was ordered to pay costs of $1,500 as well as compensation of $400 to each of the four complainants ($1,600 total) in order for the photos to be edited after the raw photos were retrieved by Consumer Protection and delivered to the parents.