Property industry

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Residential parks – Park operator’s right of entry

Entering the tenant’s site or relocatable home – park operator’s right of entry It is a standard term of all long-stay agreements to allow the park operator to enter the tenant’s premises in the circumstances listed in the table below, provided the park operator enters the premises at a reasonable...
During a tenancy
18 Mar 2014

Park liaison committees

Park operators must organise and maintain a park liaison committee (PLC) if the park has 20 or more long-stay sites and the majority of the long-stay tenants in the park vote to form a PLC, under the Residential Parks (Long-stay Tenants) Act 2006 (Parks Act). Penalties apply for not meeting this...
During a tenancy
18 Mar 2014

Rent increases at residential parks

Long-stay agreements will often include provisions allowing for rent to be increased or varied during the term of the agreement. Different rules apply depending on the type of long-stay agreement and when it was entered into. The following types of review methods might be included: review based on...
During a tenancy
14 Mar 2014

Auditor search

Auditors appointed to conduct audits of agents' trust accounts must be registered as an auditor under Part 9.2 of the Corporations Act 2001 . To check if an auditor is a Registered Company Auditor please search ASIC's Professional Register
Find an auditor
07 Mar 2014

Auditing settlement agents - forms and publications

Settlement agents trust accounts must be audited by an approved auditor and the audit report lodged with Consumer Protection . If the agent has not held any trust funds during the year, then the agent is not required to have an audit and must instead lodge a statutory declaration to this effect...
Auditing settlement agents
07 Mar 2014

Auditing real estate agents - forms and publications

Information for auditors of real estate and business agents Consumer Protection provides information to assist auditors in fulfilling their requirements under the Real Estate and Business Agents Act 1978 . The information below may also be available in a hard copy version if required. A guide to...
Auditing real estate agents
07 Mar 2014

Responsibility for fixing a problem with a good

When goods fail to meet a guarantee , a consumer has a right to a ‘remedy’ – an attempt to put the situation right. Common remedies include repair , replacement or refund , and can involve action for compensation or damages . Suppliers The supplier has to provide the remedy when goods do not meet...
Returns and cancellations
05 Mar 2014

Licensing of Strata Managers in Western Australia consultation 2012

Consumer Protection produces and amends legislation, codes of practice , guidelines, and general consumer information. Where public comment is being invited for state legislation, draft copies of the documents are placed on this page. Status: Closed 29 February 2012 Information on current...
Consultations
04 Mar 2014

Residential tenancy regulations review 2012

Status: Closed 17 May 2012 The Residential Tenancies Amendment Act 2011 was passed by the Western Australian Parliament in November 2011. The act will substantially amend existing tenancy obligations under the Residential Tenancies Act 1987 . The Act was the result of extensive research and...
Consultations
04 Mar 2014

Residential parks review 2012

Statutory review of the Residential Parks (Long-Stay Tenants) Act 2006 Status: Closed in late 2012 UPDATE: 2015 Statutory review report Background The Department of Commerce would like to thank everyone who provided feedback in response to the discussion paper for the residential parks review. A...
Consultations
04 Mar 2014

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Publications

End of COVID-19 licensing fee discount and timeframes for national police checks - Land Valuers bulletin issue 31

26 March 2021 In this issue: COVID-19 licence and registration fee discounts end on 31 March 2021 Delays in obtaining national police checks End of COVID-19 licensing fee discount The COVID-19...
Consumer Protection
Bulletin
04 Dec 2023

2024 Work Health and Safety Excellence Awards: Nomination submission information

READ
This document provides essential information to assist you with your Work Health and Safety Excellence Awards submission. Further information 2024 Work Health and Safety Excellence Awards: Terms and...
WorkSafe
Information
28 Feb 2024

Tenant chart 4 – Service of notice of termination for periodic tenancy agreements

READ
Tenants can use this flowchart to assist with managing notifications and date counting when notifying their landlord of the intention to end a periodic tenancy agreement. Related flowcharts: Lessor...
Consumer Protection
Information
04 Oct 2022

Lessor chart 6 - Service of Notice of Termination for periodic tenancy agreements

READ
Landlords and property managers can use this flowchart to assist with managing notifications and date counting when notifying a tenant of the intention to end a periodic tenancy agreement. Related...
Consumer Protection
Information
19 Mar 2021

Homeless and emergency accommodation Western Australia

This publication contains contact details for organisations providing the following services: Counselling and suicide prevention Crisis care helpline 1800 199 008 Information and counselling for...
Consumer Protection
Information
07 Nov 2022

Safety bulletin - 01/2021 - Hazards associated with the use of e-cigarette devices

READWATCH
On 11 January 2021, the Department received a report of an incident at a mine site where an electronic cigarette (vape) battery spontaneously ignited in a worker’s pocket while he was travelling in a...
WorkSafe
Bulletin
23 Feb 2021

The rent relief grant and renting beyond the emergency period - Landlords bulletin issue 52

11 February 2021 In this issue: Two new phases of Residential Rent Relief Grant Scheme Future renting WA - Negotiating guide now available New phases of the Residential Rent Relief Grant Scheme...
Consumer Protection
Bulletin
04 Dec 2023

The rent relief grant and renting beyond the emergency period - Tenants bulletin issue 26

11 February 2021 In this issue: New phases of Residential Rent Relief Grant Scheme COVID-19: Future renting WA - Negotiating guide now available New phases of the Residential Rent Relief Grant Scheme...
Consumer Protection
Bulletin
04 Dec 2023

Audit reminder, the rent relief grant, and renting beyond the emergency period - Real estate industry bulletin 239

11 February 2021 In this issue: Reminder: 2020 trust account audit report due soon Two new phases of Residential Rent Relief Grant Scheme Future renting WA - Negotiating guide now available Reminder...
Consumer Protection
Bulletin
04 Dec 2023

Scam prevention and changes to mutual recognition laws - Settlement industry bulletin 101

21 January 2021 In this issue: Recent impersonation scams affecting the property industry Changes to mutual recognition laws Impersonation scams affecting the property industry Consumer Protection...
Consumer Protection
Bulletin
21 Jan 2021

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Announcements

Commissioner's Blog: Rental property safety – being vigilant

With Commissioner for Consumer Protection Penny Lipscombe We have received complaints from tenants recently about electrical hazards and gas leaks in rental properties. Issues include faulty electrical wiring, power sockets and appliances blowing, power shortages when raining, and water leaking onto electrical points. What to do if you suspect an electrical fault? At least two RCDs must be fitted...
Consumer Protection
Media release
10 Oct 2019

Scammed tenant changes locks, moves in to rental to the surprise of the agent

A real estate sales agent who was showing a prospective tenant a rental property in Beeliar recently was surprised to discover that someone had changed the locks and had already moved in without the authority of the owner. The tenant moved in after responding to a rental accommodation advertisement on Gumtree which ended up being fake. He paid $2,000 to the scammers via a money transfer service...
Consumer Protection
Media release
01 Oct 2019

Ten year ban for real estate sales rep for deceptive conduct (Matthew Liscia)

A real estate sales representative has been disqualified by the State Administrative Tribunal from holding a certificate of registration for ten years after he misappropriated two payments totalling $21,000 into his personal bank account. Matthew Piero Liscia of Dianella was fined $2,000 for two breaches of the relevant real estate industry Codes of Conduct and was also ordered to pay legal costs...
Consumer Protection
Media release
23 Sep 2019

Plans to scrap licences for auctioneers in WA

Removing the requirement to have a licence to be an auctioneer in WA is being proposed following a review of the Auction Sales Act. However, protections will be boosted with extra conduct standards and power for the Commissioner for Consumer Protection to take action to prevent unfit persons from working in the auction industry which covers the auctioning of all types of goods, including the sale...
Consumer Protection
Media release
17 Sep 2019

Commissioner's Blog: Drug contamination in homes

With Commissioner for Consumer Protection David Hillyard Consumer Protection is aware that contamination or damage to homes from illegal drug activity is a worry for tenants, owners and property industry professionals. But how do you identify past production, or smoking, of meth, heroin or cannabis at a property and whether there are potential health risks as a result? We’ve been working with WA’...
Consumer Protection
Media release
12 Sep 2019

Lodging bonds late and wrong dates cost real estate agency $15,000 in fines (Caputo & Clay Pty Ltd / Michael Clay)

A Maylands real estate agency and its supervisor have been reprimanded and fined a total of $15,000 by the State Administrative Tribunal for failing to lodge tenancy bonds with the Bond Administrator within the required time limit and for recording wrong dates when received. Caputo & Clay Pty Ltd , formerly trading as Harcourts Integrity and currently trading as Perth Realty Group , was fined...
Consumer Protection
Media release
04 Sep 2019

Fine for unregistered property manager (Shamela Rima Neilson)

A property manager has been reprimanded and fined $1,500 by the State Administrative Tribunal for operating without a current certificate of registration. Shamela Rima Neilson was working for an Attadale real estate agency when her real estate sales representative registration expired in March 2017, but continued to carry out duties as a property manager in breach of the Real Estate and Business...
Consumer Protection
Media release
06 Aug 2019

Real estate salesman fined for failing to disclose sewerage issue in home sale (Jonathan Kenny-Levick)

A Mandurah real estate sales representative has been cautioned and fined $1,000 by the State Administrative Tribunal for failing to disclose important information regarding the sewerage of a home that he was selling. Jonathan Kenny-Levick was the co-owner of his home in Dawesville that he put on the market in January 2016 through his agency as the listing representative. At the time, the property...
Consumer Protection
Media release
27 Jun 2019

Fine for real estate sales agency after trust account breach (Port City Real Estate)

An unauthorised withdrawal from a trust account has resulted in a Fremantle real estate agency being fined $3,000 and ordered to pay costs of $1,000 by the State Administrative Tribunal. Port City Pty Ltd , trading as Port City Real Estate , had withdrawn $4,735 from the trust account in July 2017 as a “break contract fee” in circumstances where its agreement with the client who had engaged the...
Consumer Protection
Media release
26 Jun 2019

Permanent ban for real estate sales rep who stole trust funds (Kylie Chiplin)

A real estate sales representative who stole money from an agency’s trust account has been permanently banned from ever holding a certificate of registration in the industry in WA. Kylie Marie Chiplin pleaded guilty and was convicted on 12 April 2019 of stealing $34,803.99 from the trust account of Peard Real Estate Scarborough between February 2016 and May 2018 while employed as a property...
Consumer Protection
Media release
21 Jun 2019

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