Consumer Protection announced on Wednesday (12th August) that a Jane Brook private landlord had been fined $3,300 and ordered to pay the costs of $2,606 after being convicted of breaching the Residential Tenancies Act.
The Perth Magistrates Court heard the landlord received a $2,200 security bond in December 2023 but failed to lodge it with the Bond Administrator within the required 14 days.
At the time of sentencing, more than 900 days had passed and the bond had still not been lodged.
REIWA President Suzanne Brown said the case highlighted the significant responsibilities property investors take on when choosing to manage a rental property themselves.
“Private landlords take on the full responsibility of complying with WA’s tenancy laws when they choose to manage a property themselves, and those laws have changed significantly in recent years,” she said.
“We’ve seen reforms covering rent increases, pets, minor modifications and tenancy processes, and landlords need to understand not only what the law requires, but how those requirements apply throughout a tenancy.
“With further reforms expected over the next 12 months, that responsibility is only becoming more complex.
“There can be significant consequences when obligations aren’t understood or followed, as this case demonstrates.”
Ms Brown said the increasingly complex regulatory environment highlighted the value of professional property management.
“Keeping up with legislative and regulatory change is part of a professional property manager’s job,” she said.
“It requires knowledge, judgement, strong systems and ongoing professional development. Property management is a skilled profession, and that expertise helps protect the interests of both property investors and tenants.
“REIWA members are supported with ongoing training, legislative and regulatory updates, professional resources and practical guidance to help them stay across changes and apply them in their day-to-day work.
“For property investors, choosing a REIWA member means having a professional in their corner who is connected to the state’s peak real estate body and supported to maintain high professional standards.”
Commissioner for Consumer Protection Trish Blake said private landlords had a legal obligation to properly lodge tenants’ bond money and could not treat those funds as their own.
“A security bond is often one of the largest upfront costs a tenant faces when securing a rental property, which is why the law requires those funds to be protected through the Bond Administrator,” Ms Blake said.
There is a reason why there is a Property Management Course and regular updates as they are changing the game all the time and being a private landlord these days can be quite tricky. Sticking your head in the sand won't cut it these days and with the tenants knowing all their legal rights if you don't do the right thing your done for.
If you are considering doing your own rentals please do the PM course at least !! Call us if you need any help with long term rentals and of course we do short term (air bnb) now and have done that successfully for over a year.
MAKE YOUR DECISIONS AND GIVE IT A REAL GO!!
SELLING MOSMAN PARK & THE WESTERN SUBURBS!!
KEEPING IT REAL IS OUR MOTTO!!
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