When landlords fail to meet certain responsibilities, this can result in their local department issuing an infringement notice, or even prosecuting offending landlords before a court.
Here is a list of offences for which an infringement notice may be given under the applicable Residential Tenancies Act (these may vary slightly from State to State).
* Unlawfully demanding or receiving fees or reward for representing or assisting parties to a proceeding
* Not using the prescribed form of written residential tenancy agreement
* Failing to give prescribed information to the tenant
* Failing to prepare a property condition report within 7 days
* Failing to inspect a premises within 14 days
* Requiring/receiving unauthorised amounts for or in relation to a residential tenancy agreement
* Requiring more than 2 weeks rent during the first 2 weeks of tenancy
* Requiring more than 2 weeks rent in advance
* Requiring/receiving more than one security bond
* Requiring/receiving a security bond of more than 4 weeks rent plus a pet bond (if applicable)
* Failing to give a receipt for the security bond
* Failing to pay the security bond to the administrator
* Failing to ensure a tenant does not sign a bond disposal form before the tenancy agreement terminates
* Failing to ensure the tenant does not sign a bond disposal form without the amount of security bond stipulated
* Requiring/receiving rent in excess of court ordered amount
* Failing to give receipt for rent (RealRenta does this automatically)
* Failing to keep records of rent received (RealRenta does this automatically)
* Failing to notify a tenant of a landlord's details
* Failing to notify a tenant of a landlord's/property manager's name and details
* Failing to notify tenant of new landlord details
* Failing to notify a tenant of a change to a landlord's details within 14 days
* Failing to give a tenant a copy of the residential tenancy agreement
* Failing to give a tenant a copy of an executed residential tenancy agreement
* Executing a residential tenancy agreement, providing for accelerated rent or liquidated damages
* Altering, removing or adding locks without consent
* Giving false or misleading notice of termination
* Failing to give notice that abandoned goods have been stored
* Failing to give reclaimed documents to a tenant
* Entering leased premises to recover possession without a court order
* Failing to give written notice of usual use of residential tenancy database
* Failing to give written notice of personal information in residential tenancy database
* Listing personal information in residential tenancy database contrary to the respective Act
* Failing to keep copy of written notice under respective Act
* Landlord/property manager failing to give a copy of personal information within 14 days of request
* Failing to take reasonable steps to ensure the security bond is transferred to the bond administrator when required.
Don't get caught up in the "he said/she said".
Avoid penalties and use RealRenta to automatically record all transactions for each tenancy.
Jason Gwerder
Monday, 1 July 2019
