Property industry

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Circumstances of Abandonment The most common circumstances in which a tenant vacates a property and leaves goods behind are: tenancy has ended normally tenancy has been terminated by a court order tenant has been evicted by the bailiff tenant has abandoned the property owing rent tenant has been...
When a tenancy ends
Ending a tenancy by mutual agreement If both the landlord and tenant agree, in writing, the tenancy agreement should end on a specified date, this is also acceptable and none of the more formal procedures (such as issuing notices) need apply. It’s important to ensure both parties sign a clear,...
When a tenancy ends
A copy of the information below can be found in our publication Buying off the plan Buying “off-the-plan” can mean many things but generally involves signing a contract with a developer before the developer has obtained final approval to subdivide land that is being purchased or, in the case of a...
Buying a property
To ensure that the RCDs fitted to your property perform correctly, they must be tested at regular intervals. Energy Safety recommends that each RCD be tested every three months.
Residual Current Devices (RCD)
RCD laws Information about RCD laws for homeowners, real estate agents, settlement agents, landlords, tenants and property managers. RCDs must be installed in accordance with the Wiring Rules (AS/NZS 3000) to protect all power points and lighting circuits. Homeowners A minimum of two RCDs...
Residual Current Devices (RCD)
Some licence applications, or documents required in support of an application, are required to be signed or certified by an authorised witness. Professions listed as authorised witnesses by the Oaths, Affidavits and Statutory Declarations Act 2005 include: Academic (post-secondary institution)...
Occupations requiring licensing
Individuals who are licensed or registered in any other State/Territory of Australia or New Zealand to seek the equivalent category of licence in Western Australia (WA), known as the principles of “mutual recognition”. Mutual recognition does not apply to partnerships (firms) or bodies corporate (...
Mutual recognition of non-WA licence
The Land Valuers Licensing Act 1978 (the Act) and Land Valuers Licensing Regulations 1979 (the Regulations) impose serious obligations on the land valuing industry and the way it operates. Failing to meet these obligations can result in the Department issuing an infringement notice, prosecuting...
Land valuers
The Proactive Compliance program assists land valuers in complying with legislative requirements, identifying and rectifying areas of risk, and providing advice. This is achieved through voluntary visits and industry seminars. Proactive compliance visits The visits are designed to educate land...
Land valuers
Rule 23 of the Licensed Valuers Code of Conduct states a licensed valuer shall maintain a risk management program. Risk management in the context of the land valuation industry requires an appreciation of best practice valuation practices and procedure. At minimum, risk management programs are...
Land valuers

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Publications

(The King and I Pty Ltd / Colin King / Paul King) The following information outlines details of a recent case that Consumer Protection took to the State Administration Tribunal (SAT). A former York...
Consumer Protection
Bulletin
01 Nov 2016
10 October 2016 With less than three months remaining for the 2016 calendar year the Department reminds you to check your Compulsory Professional Development (CPD) points tally. If you have not...
Consumer Protection
Bulletin
12 Oct 2016
3 October 2016 A review of the Licensed Valuers Code of Conduct 2011 (old Code) under the Land Valuers Licensing Act 19 78 has been completed following a consultation period held in April and May of...
Consumer Protection
Bulletin
07 Oct 2016
3 October 2016 A review of the Settlement Agents’ Code of Conduct 1982 (old Code) under the Settlement Agents Act 1981 has been completed following a consultation period held in April and May of this...
Consumer Protection
Bulletin
07 Oct 2016
3 October 2016 A review of the Code of Conduct for Agents and Sales Representatives 2011 (old Code) under the Real Estate and Business Agents Act 1978 (the REBA Act) has been completed following a...
Consumer Protection
Bulletin
12 Oct 2016
Areas for consideration by the second Building Summit in August, 2016.
Building Commission
Advisory note
01 Nov 2016
29 September 2016 A Perth real estate agent is breathing a sigh of relief after a cyber-attack was thwarted in an attempt to steal $500,000 from a trust account. It’s believed the cyber thieves...
Consumer Protection
Bulletin
08 Sep 2017
29 September 2016 A Perth real estate agent is breathing a sigh of relief after a cyber-attack was thwarted in an attempt to steal $500,000 from a trust account. It’s believed the cyber thieves...
Consumer Protection
Bulletin
05 Oct 2016
29 September 2016 A Perth real estate agent is breathing a sigh of relief after a cyber-attack was thwarted in an attempt to steal $500,000 from a trust account. It’s believed the cyber thieves...
Consumer Protection
Bulletin
05 Oct 2016
Refer to our Code of Conduct page to view the Real Estate and Business Agents Code of Conduct. Frequently asked questions in regards to the Real Estate and Business Agents and Sales Representatives...
Consumer Protection
Information
08 Feb 2017

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Announcements

The Building Commission, Energy Safety and Consumer Protection are warning the public to be cautious of dealing with Kinross man Hajir Mobin , trading as Danny’s Plumbing and Gas Services , who may be continuing to carry out illegal plumbing and gasfitting work despite being successfully prosecuted three times.
Building Commission / Consumer Protection / EnergySafety
Media release
13 Aug 2015
Consumer Protection and the Building Commission are urging Western Australian consumers who are engaging the services of a builder to check the veracity of their home indemnity insurance certificate. The warning follows two recent cases where fake or forged insurance certificates have been, or may have been, used by builders. In April, Fremantle builder Adrian Burt , as a result of disciplinary...
Building Commission / Consumer Protection
Media release
12 Aug 2015
With Commissioner for Consumer Protection Anne Driscoll In July 2014 Consumer Protection saw a growth in mould issues, raised mostly by tenants but also by landlords and property managers in WA. The seasonal spike, also seen in 2013, can be attributed to cooler, wetter weather and means we’re expecting similar figures around now and in the months up to October. Mould is a fungus that thrives on...
Consumer Protection
Department News
11 Aug 2015
With Consumer Protection Commissioner Anne Driscoll Things to consider before making an offer on a property You might walk into a home and fall in love with it very quickly but it is important to do your own research and ask questions before making a written offer on a property. There is no mandatory cooling-off period for real estate contracts in Western Australia, so make sure you know what you...
Consumer Protection
Department News
13 Jul 2015
A Wanneroo real estate agency and its licensee have been reprimanded and fined a total of $3,000 by the State Administrative Tribunal (SAT) over errors in accounting for the agency’s trust account. Urban WA Real Estate Pty Ltd and licence holder Robyn Angela Horsman were fined $1,500 each on 10 April 2015 and were ordered to pay total costs of $750. Consumer Protection took disciplinary action...
Consumer Protection
Media release
01 May 2015
A property management company and its licensee have been fined a total of $4,000 by the State Administrative Tribunal over the misuse of the agency’s trust account. South Coast Realty (WA) Pty Ltd , trading as Rental Solutions of Hay Street Perth, was fined $3,000 and licence holder Kim Edward Turner was fined $1,000 on 26 March 2015. Consumer Protection took disciplinary action after an audit...
Consumer Protection
Media release
21 Apr 2015
A Sydney-based property management company has been fined a total of $9,000 by the Perth Magistrates Court after advertising properties for rent and managing them on behalf of their owners without being licensed in Western Australia, as well as failing to lodge two bonds with the Bond Administrator. H and Z Group Pty Ltd , trading as Asset HQ Property Management Specialists , had lodged an...
Consumer Protection
Media release
23 Mar 2015
The Perth Magistrates Court has given Westpoint Realty Pty Ltd (in liquidation) a $30,000 fine, its Director Norman Phillip Carey a $6,000 fine and ordered him to pay costs of $97,449 for making false or misleading representations to consumers. While handing down his decision on 12 March 2015, Magistrate Malone denied Mr Carey’s application for a spent conviction. Mr Carey was found guilty on 11...
Consumer Protection
Media release
13 Mar 2015
A Victoria Park real estate agent has been fined $3,500 and disqualified from holding a licence and triennial certificate for 18 months by the State Administrative Tribunal (on 11 March 2015) after making illegal withdrawals from the agency’s trust account. Tracey Leanne Wilson , a former Director and employee of a Victoria Park real estate agency, faced disciplinary action by Consumer Protection...
Consumer Protection
Media release
12 Mar 2015
A property manager working for a Shenton Park real estate agency has been banned permanently from working in the industry and fined $20,000 for making illegal withdrawals from the agency’s trust account. Jenelle Lee Maslin of Innaloo, who is a registered real estate sales representative, made 14 unauthorised withdrawals from the agency’s trust account amounting to almost $30,000 between January...
Consumer Protection
Media release
11 Mar 2015

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