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Landlord Infringements – What can you be fined for?

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 etc):

·          Unlawfully demanding or receiving fee or reward for representing or assisting party to proceedings

·          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 provide 2 copies of a property condition report within 7 days

·          Failing to inspect a premises within 14 days

·          Requiring/receiving unauthorised amount 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 a security bond

·          Failing to pay the security bond to the bond administrator

·          Failing to ensure a tenant does not sign a bond disposal form before residential tenancy agreement terminates

·          Failing to ensure tenant does not sign bond disposal form without amount of security bond stipulated

·          Requiring or receiving rent in excess of court ordered amount

·          Failing to give receipt for rent

·          Failing to keep records of rent received

·          Failing to keep records of rent received

·          Failing to notify tenant of a landlord’s details

·          Failing to notify tenant of  a landlord’s name and property manager’s name and details

·          Failing to notify tenant of new landlord details

·          Failing to notify tenant of change of landlord’s details within 14 days

·          Failing to give tenant copy of residential tenancy agreement

·          Failing to give tenant copy of executed residential tenancy agreement

·          Executing residential tenancy agreement providing for accelerated rent or liquidated damages

·          Altering, removing or adding lock without consent

·          Giving false or misleading notice of termination

·          Failing to give notice that abandoned goods have been stored

·          Failing to give reclaimed document to person

·          Entering leased premises to recover possession without 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

·          Lessor or lessor’s agent failing to give copy of personal information within 14 days of request

·          Failing to take reasonable steps to ensure security bond is transferred to bond administrator when required

 

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Marlene Liontis & Jason Gwerder
Tuesday, 15 October 2019


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