Infringements for lessors

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Landlord / lessor

The Residential Tenancies Act 1987 (the Act) defines the rights and responsibilities of lessors. Failing to meet certain responsibilities can result in the Department issuing an infringement notice (also referred to as a modified penalty) or prosecuting offending lessors before a Court.

Only a Court can issue the penalties listed in each Act, but where the Department believes there is sufficient basis for a belief that an offence was committed it may issue an Infringement Notice. The current maximum penalty for an Infringement Notice can be as high as $4,000.

Lessors should read the following lists of infringements in context with the full provisions of the Act and Regulations.

Offences under the Act.

The following table outlines offences for which an infringement notice may be given under the Act.

Prescribed offences and modified penalties
Offences under Residential Tenancies Act 1987
Residential Tenancies Regulations 1989 Schedule 5
Modified penalty
s. 22(5) Unlawfully demanding or receiving fee or reward for representing or assisting party to proceedings $1,000
s. 27A Failing to use prescribed form of written residential tenancy agreement $1,000
s. 27B Failing to give prescribed information to tenant $1,000
s. 27C(1)(a) Failing to prepare property condition report within 7 days $1,000
s. 27C(1)(b) Failing to provide 2 copies of property condition report within 7 days $1,000
s. 27C(4)(a) Failing to inspect premises within 14 days $1,000
s. 27C(4)(b) Failing to prepare final property condition report within 14 days $1,000
s. 27C(4)(c) Failing to provide copy of property condition report within 14 days $1,000
s. 27(1) Requiring or receiving unauthorised amount for or in relation to a residential tenancy agreement $1,000
s. 28(1) Requiring more than 2 weeks rent during first 2 weeks of tenancy $1,000
s. 28(2) Requiring more than 2 weeks rent in advance $1,000
s. 29(1)(a) Requiring or receiving more than one security bond $1,000
s. 29(1)(b) Requiring or receiving security bond of more than 4 weeks rent plus pet bond (if applicable) $1,000
s. 29(4)(a) Failing to give receipt for security bond $2,000
s. 29(4)(b) Failing to pay security bond to bond administrator $2,000
s. 29(8)(a) Failing to ensure tenant does not sign bond disposal form before residential tenancy agreement terminates $1,000
s. 29(8)(b) Failing to ensure tenant does not sign bond disposal form without amount of security bond stipulated $1,000
s. 32 Requiring or receiving rent in excess of court ordered amount $1,000
s. 33(1) Failing to give receipt for rent $1,000
s. 34(1) Failing to keep records of rent received $1,000
s. 51(1) Failing to notify tenant of lessor’s details $1,000
s. 51(2) Failing to notify tenant of lessor’s name and property manager’s name and details $1,000
s. 51(3) Failing to notify tenant of new lessor’s details $1,000
s. 51(4) Failing to notify tenant of change of lessor’s details within 14 days $1,000
s. 54(1)(a) Failing to give tenant copy of residential tenancy agreement $1,000
s. 54(1)(b) Failing to give tenant copy of executed residential tenancy agreement $1,000
s. 57(2A) Executing residential tenancy agreement providing for accelerated rent or liquidated damages $1,000
s. 59F(1) Altering, removing or adding lock without consent $2,000
s. 63(3) Giving false or misleading notice of termination $1,000
s. 79(3) Failing to give notice that abandoned goods have been stored $1,000
s. 80A(6) Failing to give reclaimed document to person $1,000
s. 80 Entering leased premises to recover possession without court order $4,000
s. 82C(2) Failing to give written notice of usual use of residential tenancy database $1,000
s. 82D(2) Failing to give written notice of personal information in residential tenancy database $1,000
s. 82E(1) Listing personal information in residential tenancy database contrary to section 82E(1) $1,000
s. 82F(1) Listing personal information in residential tenancy database contrary to section 82F(1) $1,000
s. 82G(3) Failing to keep copy of written notice under section 82G(2) for one year $1,000
s. 82I(1) Lessor or lessor’s agent failing to give copy of personal information within 14 days of request $1,000
s. 93(1) Failing to take reasonable steps to ensure security bond is transferred to bond administrator when required $1,000

 

Go to the State Law Publisher website: Residential Tenancies Act 1987https://www.slp.wa.gov.au/legislation/statutes.nsf/law_a693.html

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