Property industry

Topics

Unless you are a suitably qualified lawyer, it would be very unwise to try to carry out the settlement of your own property. It's a complex and time consuming business, with many traps for the unwary. When you are buying a property, it is necessary for all the paperwork to be completed and all the...
Land valuers, real estate and settlement agents
When you are looking at properties, you will often come into contact with real estate agents or sales representatives. The most important thing to understand about real estate agents or sales representatives when buying a property is that they have been hired by the seller. The aim of the agent is...
Land valuers, real estate and settlement agents
Tenant wants to end a tenancy You can end a periodic tenancy agreement without having to provide a reason, but tenants must give the lessor a minimum 21 days' notice in writing. Should the premises be destroyed, compulsorily acquired by law, or become uninhabitable (this applies to both periodic...
When a tenancy ends
There are various reasons for ending a tenancy. These can range from something as simple as wanting to move on, to the tenant/s or the lessor/property manager not keeping to the terms of the agreement. The proper way to end the agreement will depend on why the tenancy is ending and whether it’s a...
When a tenancy ends
Tenants cannot be asked to pay any additional money other than rent and security bond during a tenancy agreement. The lessor cannot ask tenant/s to pay any administration fees, re-inspection fees or charges for sending tenant/s utility invoices or breach notices. The lessor can request compensation...
Rent and other payments
The lessor is responsible for the property having a minimum level of security in place. The minimum security relates to door locks, window locks and exterior lights. The security required is specified in the Residential Tenancies Regulations 1989. All rental properties must be in line with the...
Security, safety, maintenance and entry rights
We all have the right to enjoy our home. Quiet enjoyment is the right for both you and your neighbour/s to occupy, use and enjoy your homes in reasonable privacy without interruption. Overall, your lessor (landlord) or property manager shouldn’t prevent you from enjoying your property in complete...
Security, safety, maintenance and entry rights
The tenant should notify the landlord in writing about any non urgent repairs, detailing what needs to be repaired. The landlord does not have to fix items if they are items that were disclosed as not working before the tenancy agreement was entered into, or they are items which the tenant could...
Security, safety, maintenance and entry rights
Urgent repairs fall into two categories: essential services and other urgent repairs. A suitable repairer must be found within a reasonable timeframe. There are some times when a tenant may need to arrange for the repairer. Essential services Essential services are listed in the Residential...
Security, safety, maintenance and entry rights
Although proceedings in the Magistrates Court are relatively informal, certain rules must be observed: Call the magistrate 'Sir' or 'Madam'. Stand up when it is your turn to speak or when you are spoken to by the magistrate and sit down when you or the magistrate have finished. Only one person is...
Having problems with renting a home?

Pages

Publications

20 April 2016 The review of the Settlement Agents Code of Conduct under the Settlement Agents Act 1981 is in its final stages. Consumer Protection would like your feedback on the revised code. In...
Consumer Protection
Bulletin
21 Apr 2016
9 April 2016 Compulsory Professional Development (CPD) is a legal requirement for all licensed real estate agents and business brokers as well as all registered real estate sales representatives,...
Consumer Protection
Bulletin
06 Apr 2016
The Property Industries team regularly sends out bulletins about topical issues for landlords, and those involved in the real estate, settlement and land valuer industries. (Note: If you do not...
Consumer Protection
Form – registration
06 Mar 2018
9 March 2016 The Commissioner for Consumer Protection is urging all agents to process all tenancy bonds through the BondsOnline system. The Minister for Commerce has approved the move to make online...
Consumer Protection
Bulletin
09 Mar 2016
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

Pages

Announcements

The St Georges Terrace office of Consumer Protection is moving offices over the September long weekend and in preparation it will close early this Friday . Bonds will close at 1.00pm; while all other services (including our Contact Centre) will close at 3.30pm. While there may be some minor services disruptions, we expect to be fully operational by 10.00am, Tuesday 30 September 2014. If you have...
Consumer Protection
Department News
22 Sep 2014
A South Perth real estate agency and its former property manager have been fined by the State Administrative Tribunal (SAT) for breaching the Real Estate and Business Agents Act in the management of two rental properties and the operation of their trust accounts. Prosser Real Estate Pty Ltd , trading as Swan River Real Estate , was fined a total of $15,000 and ordered to pay Court costs of $2,500...
Consumer Protection
Media release
10 Sep 2014
A new contract for the Seniors’ Housing Centre will ensure the partnership between Consumer Protection and peak seniors’ organisation, the Council on the Ageing Western Australia (COTA WA), will continue to help seniors get advice about housing options. The centre is funded by the State Government through the Department of Commerce, and the Department of Local Government and Communities. Commerce...
Consumer Protection
Media release
19 Aug 2014
A real estate sales representative has been fined $3,500 for misconduct over the sale of a Warnbro property in November 2012. Consumer Protection took disciplinary action against Dane Stephen Rawlings after an investigation into the sale found he had breached the Code of Conduct for Agents and Sales Representatives. Mr Rawlings faced two charges and was fined $1,500 and $2,000 on each by the...
Consumer Protection
Media release
12 Aug 2014
WA authorities have warned real estate and settlement agents to be on high alert following the reported real estate fraud in the ACT. Commissioner for Consumer Protection Anne Driscoll believes the criminals responsible will be encouraged by their success to make further fraud attempts. “Everyone in the property industry, particularly those involved in property management and sales, should have a...
Consumer Protection
Media release
24 Jul 2014
Consumer Protection is holding information sessions to explain a current review of the laws that apply to about 29,000 people living long-term in residential parks across WA. Views are being sought from the caravan, mobile home, park home and lifestyle village communities in response to a consultation paper that was released in June 2014. The paper sets out possible options to change the...
Consumer Protection
Media release
15 Jul 2014
Consumer Protection has been granted supervision orders by the State Administrative Tribunal (SAT) to take control of a York real estate agency after its sole director’s licence renewal application was refused and the company was therefore unable to operate the business in compliance with the Real Estate and Business Agents Act. The supervisor appointed by Consumer Protection is Mr Gary Doran of...
Consumer Protection
Media release
10 Jul 2014
Three people have been arrested and charged by South African Police in connection with the attempted fraudulent sale of a home in Western Australia. Two Nigerian men and a South African woman were arrested in Johannesburg on 2 July 2014. The arrests follow a five month intensive investigation by the Major Fraud Squad of the Western Australia Police, with the assistance of the Australian Federal...
Consumer Protection
Media release
04 Jul 2014
Consumer Protection has been granted supervision orders by the State Administrative Tribunal (SAT) to take control of two Perth real estate agencies over the misuse of their trust accounts and inability to operate their businesses within the Real Estate and Business Agents Act. The supervisor’s duties include carrying on the activities of the agent for the purpose of winding up the agency. On 18...
Consumer Protection
Media release
30 Jun 2014
Consumer Protection has sent out a warning to promoters of some property investment schemes who hold “free” public seminars that they must provide information about cooling off periods to attendees. Australian Consumer Law regulators are examining the practices of a number of promoters and WA’s Commissioner for Consumer Protection Anne Driscoll said a common theme had emerged. “In many cases,...
Consumer Protection
Media release
12 Jun 2014

Pages

Subscribe to Topics
Subscribe to RSS - Property industry