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