Property industry

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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?
Western Australia's residential tenancy laws changed in 2013. Three information videos are available to help you understand the laws. Part one: Getting started Part two: Moving in Part three: Ending a tenancy Getting started Getting started covers applying for a tenancy, option fees, tenancy...
Renting tools

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Publications

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
3 December 2015 Looking to improve practices at your agency? Considering these common issues identified during recent proactive compliance visits by the Department of Commerce (the Department) may...
Consumer Protection
Bulletin
03 Dec 2015
3 December 2015 Looking to improve practices at your agency? Considering these common issues identified during recent proactive compliance visits by the Department of Commerce (the Department) may...
Consumer Protection
Bulletin
03 Dec 2015
12 November 2015 The Department of Commerce (the Department) has recently become aware of a new business scheme in relation to online advertising which may raise a potential conflict of interest and...
Consumer Protection
Bulletin
18 Nov 2015
5 November 2015 A lessor has been fined $24,000 after the Consumer Protection Division of the Department of Commerce (Consumer Protection) prosecuted him for breaches of the Residential Tenancies Act...
Consumer Protection
Bulletin
18 Nov 2015
29 October 2015 A real estate agent has been reprimanded and fined $3,000 by the State Administrative Tribunal for failing to exercise due skill, care and diligence over the depositing and recording...
Consumer Protection
Bulletin
08 Sep 2017
21 October 2015 The Department of Commerce (the Department) reminds agents and sales representatives of their obligations in relation to the advertising and marketing that may be placed to promote...
Consumer Protection
Bulletin
29 Oct 2015
7 October 2015 The Department of Commerce (the Department) would like to remind agents and property managers to check the qualifications and licence status, if applicable, of tradespeople that they...
Consumer Protection
Bulletin
14 Oct 2015
2 October The Department of Commerce (the Department) would like to remind settlement agents about the legislation requirements in relation to rewards for referrals. Section 44(7) of the Settlement...
Consumer Protection
Bulletin
07 Oct 2015
2 October The Department of Commerce (the Department) would like to remind agents and sales representatives about the legislation requirements in relation to rewards for referrals. Section 44(7) of...
Consumer Protection
Bulletin
07 Oct 2015

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Announcements

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
A review of the laws regulating the tenancy arrangements of about 29,000 people who live long-term in residential parks in WA is currently underway.
Consumer Protection
Media release
06 Jun 2014
The Commissioner for Consumer Protection has succeeded in overturning a decision to allow the Director of Westpoint Realty Pty Ltd (in liquidation), Mr Norman Phillip Carey to renew the certificate that allows him to be a real estate agent. A unanimous judgement by the Court of Appeal this morning (9 January 2014) set aside a previous State Administrative Tribunal ruling which meant that Mr Carey...
Consumer Protection
Media release
09 Jan 2014
Consumer Protection has reminded private landlords in WA that they must lodge new security bonds with the Bond Administrator to comply with changes to tenancy laws which came into effect in July this year. There is a transition period for existing bonds, which will need to be transferred to the Bond Administrator by 31 December 2014. The reminder comes after the Perth Magistrates Court fined a...
Consumer Protection
Media release
16 Sep 2013
Businesses can gain a better understanding of their rights and obligations under the Australian Consumer Law thanks to a series of new industry guides. Commissioner for Consumer Protection Anne Driscoll urges businesses operating in five specific industries covered by the guides, to check them out. “The guides are in relation to electrical and whitegoods; travel and accommodation; personal...
Consumer Protection
Media release
30 Aug 2013
A man has been arrested in Nigeria in connection with the attempted fraudulent sale of a home in Western Australia. Ntuen Promise EKENMINI was apprehended by Nigerian authorities yesterday when he attended an international courier office and attempted to collect documents with a forged driver’s licence in the name of the South African home owner. The documents related to a supposed settlement of...
Consumer Protection
Media release
15 Aug 2013
The property industry in WA has been warned to be on high alert after recent attempts by overseas criminals to fraudulently sell two WA homes. In separate incidents, real estate agents were approached by fraudsters who successfully changed the contact details of the real owners of the properties, who both lived in South Africa. Copies of documents related to the management of the properties were...
Consumer Protection
Media release
06 Feb 2013

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