Infringements - real estate

The Residential Tenancies Act 1987 (the Act) imposes serious obligations on the real estate industry and the way it operates.  Failing to meet those obligations can result in the Department issuing an infringement notice, prosecuting offending licence holders before a Court, or initiating disciplinary action in the State Administrative Tribunal.

The current maximum penalty for an Infringement Notice can be as high as $4,000. The State Administrative Tribunal also has the power to suspend or cancel an agent’s licence in some circumstances where an agent’s conduct contravenes the law and prejudices, or may prejudice, any rights or interests of a party to a transaction.

Agents should read the following list in context with the full provisions of the Act and Regulations.

Copies of the Act and Regulations can be downloaded or purchased from the State Law Publisher.

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. 53(1) Giving false name or place of employment

$1,000

s. 53(2) Failing to notify lessor of new place of employment

$1,000

s. 53(3) Failing to provide forwarding address on vacating premises

$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) Lessor or tenant altering, removing or adding lock without consent

$2,000

s. 59F(2) Property manager 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. 82H(2) Failing to amend or remove personal information from residential tenancy database within 14 days

$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. 82I(2) Database operator failing to give copy of personal information in residential tenancy database within 14 days of request

$1,000

s. 82K(2) Keeping personal information in residential tenancy database longer than permitted

$1,000

s. 93(1) Failing to take reasonable steps to ensure security bond is transferred to bond administrator when required [$5,000]

$1,000

s. 96(2) Failing to pay bond, or part of bond, when required

$1,000

 

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