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. Homeowners A minimum of two RCDs protecting all power and lighting circuits must be fitted to a residential property before it can be sold and the transfer of title...
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)...
Police checks and application witnesses
Licence applications must generally be accompanied by an Australian police check for all individuals associated with the application. Police checks must be issued in the individual's full legal name. Please note: original documents will not be returned. As such, duly certified copies will be...
Police checks and application witnesses
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

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Publications

3 March 2016 The Real Estate and Business Agents Act 1978 requires all agents who hold a current triennial certificate and have held or received monies in trust during the 2015 year, to cause the...
Consumer Protection
Bulletin
09 Mar 2016
22 February 2016 The majority of real estate complaints lodged with the department involve residential tenancy or property management matters. Often these matters should not have occurred in the...
Consumer Protection
Bulletin
09 Mar 2016
11 February 2016 Seaville Holdings Pty Ltd trading as First National Real Estate Karratha has received a reprimand and fine of $5,000 by the State Administrative Tribunal for overcharging clients for...
Consumer Protection
Bulletin
19 Feb 2016
4 February 2016 The Department of Commerce wishes to notify agents and property managers of some recent changes by the Magistrates Court and Australia Post in relation to their services. Increase in...
Consumer Protection
Bulletin
05 Feb 2016
29 January 2016 As outlined in e-bulletin issue 53 , the regulation of fees will cease as of 3 February 2016. Settlement agents are able to determine the fee structure to charge their client for...
Consumer Protection
Bulletin
29 Jan 2016
As of 3 February 2016, regulation of fees has ceased. Settlement agents are now able to determine what fee to charge their client for their services in executing the transaction. A new fee disclosure...
Consumer Protection
Information
01 Sep 2017
25 January 2016 Following consultation with industry in 2014, the Minister for Commerce has announced the scale of maximum fees for settlement agents will be removed. From Wednesday 3 February 2016,...
Consumer Protection
Bulletin
02 Mar 2016
25 January 2016 Following consultation with industry in 2014, the Minister for Commerce has announced the scale of maximum fees fixed for land valuers will be removed. From Wednesday 3 February 2016...
Consumer Protection
Bulletin
27 Jan 2016
11 December 2015 A real estate agent has had his licence and triennial certificate cancelled by the State Administrative Tribunal (SAT) and is banned from holding a licence for five years after...
Consumer Protection
Bulletin
16 Dec 2015
14 December 2015 A Perth real estate agency is believed to have lost more than $45,000 in an elaborate accommodation scam which also involved them organising a Greek interpreter for a fictitious...
Consumer Protection
Bulletin
16 Dec 2015

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Announcements

Only four months after its official launch, Consumer Protection’s iRentWA smartphone app is proving extremely popular with WA tenants. So far the app has been downloaded by 4,175 iPhone and Android phone users, giving them essential information on tenancy laws and handy tools to help them manage their tenancy. Commissioner for Consumer Protection Anne Driscoll is confident the app will help...
Consumer Protection
Media release
29 Jan 2015
Tenancy regulations have changed which require tenants to be given vital information about potential hazards for children in the home. The regulations which underpin the Residential Tenancies Act mean that tenants must be given an information sheet outlining their key rights and obligations at the beginning of a new tenancy. Commissioner for Consumer Protection Anne Driscoll said that the forms...
Consumer Protection
Media release
23 Jan 2015
Consumer Protection is warning Perth residents, particularly Seniors, after receiving reports of travelling conmen offering roof repairs. WA Police has received reports of four men approaching elderly residents in Subiaco, Nedlands and Dianella telling them that their roof is in need of repair and offering to carry out the work for a fee. The men, travelling in a ute, produced a business card...
Consumer Protection
Media release
14 Jan 2015
A Rockingham real estate agency and one of its sales representatives have been fined $500 each by the Rockingham Magistrates Court after the sales representative worked without a current certificate of registration. Sand Dollar WA Pty Ltd , trading as Harcourts Rockingham , had employed the sales representative who continued to work for 22 months after their certificate of registration expired in...
Consumer Protection
Media release
09 Dec 2014
A Gosnells real estate agency has been fined a total of $2,500 by the Armadale Magistrates Court for employing and paying commissions to an unregistered sales representative. Attree Pty Ltd , trading as Attree Real Estate, employed a sales representative who had received commission payments between August 2012 and May 2013 while that employee’s registration as a sales representative was not...
Consumer Protection
Media release
09 Dec 2014
A property manager has been disqualified from holding a real estate and business agents’ licence and triennial certificate for five years for failing to deposit income from rental properties into a trust account. Van Dung Nguyen, formerly of Girrawheen, was also fined $3,000 by the State Administrative Tribunal on 20 November 2014. Mr Nguyen faced disciplinary action by Consumer Protection after...
Consumer Protection
Media release
24 Nov 2014
Removal of some licence application requirements eases the burden on business Criteria to qualify as a ‘small retail shop’ expanded Significant reductions in red tape for Western Australian businesses, as well as further easing of retail trading restrictions. Commerce Minister Michael Mischin said changes to the Consumer Protection Legislation Amendment Bill 2013 would help the retail, motor...
Consumer Protection
Media release
19 Nov 2014
Free app provides handy information for tenants Useful reminders and other tools help tenants know their legal rights Western Australian tenants will be able to manage their tenancy at the click of a button thanks to a new smartphone app launched today. Commerce Minister Michael Mischin said the free app would help tenants easily calculate the maximum amount they might have to pay a landlord...
Consumer Protection
Media release
08 Oct 2014
A settlement agent has been cautioned by the State Administrative Tribunal over the misuse of his trust account. Sydney James Chesson , trading as Master Settlements of St Georges Terrace Perth, had used his trust account for transactions which were not for the purpose of a settlement, a breach of the Settlement Agents Act. In issuing a caution on 30 September 2014 rather than imposing a fine,...
Consumer Protection
Media release
07 Oct 2014
After fifteen years being based at the Forrest Centre on St Georges Terrace in Perth, Consumer Protection has moved to a new CBD location. The main location is Gordon Stephenson House, 140 William Street Perth with front counter services available on Level 2. The move is in line with the state government's plan to consolidate existing office space for the public service. Consumer Protection’s...
Consumer Protection
Media release
30 Sep 2014

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