Property industry

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Land valuers set their own fees however a written disclosure of all fees for service must be disclosed to the client prior to entering into any agreement. Land valuers must not receive a fee above the disclosed amount unless there is a significant change in the scope of the work. As with any other...
Land valuers
Safety in and around a rental property is the responsibility of both the landlord and tenant. Landlord’s responsibility Landlords must ensure the rental premises are safe to live in. Under common law, a landlord has a duty of care to tenants as well as anyone the tenant invites into the property...
Security, safety, maintenance and entry rights
Consumer Protection regularly produces and updates publications about property industry laws and licensing. The below links will provide you with land valuer specific information. Newsletters Land valuers newsletters Bulletins Land valuers bulletins Forms Application for a land valuer's licence...
Land valuers
A buyer’s agent provides a service directly to consumers looking to buy real estate. Buyer’s agents offer a number of different services, ranging from researching a single property to undertaking a complete search of available property, even evaluating and then negotiating the purchase of property...
Buying a property
As an alternative to post or email, licence, registration or certificate (authorisation) holders (including companies and partnerships, where applicable) can use the Department’s online change of contact system. To use the system you will need to have: Your current authorisation number You can find...
Occupations requiring licensing
If you are thinking of renting out a granny flat it is important to understand which tenancy laws may apply as this will determine both your rights and your responsibilities. In Western Australia, a person renting a granny flat could be a tenant under the Residential Tenancies Act 1987 or a lodger...
Types of rental accommodation
Section 76 of the Retirement Villages Act 1992 (the Act) prohibits certain persons from being the administering body or being concerned, directly or indirectly, in the administration of a retirement village unless the person holds an exemption certificate granted by the Commissioner. The purpose of...
Managing a retirement village
It is very important to read the building contract thoroughly and get legal advice from your lawyer if you are unsure. The building contract is a complex document and is generally made up of: the building contract, including a Schedule of Particulars, Addenda or Appendix; drawings; and...
Building or renovating a property
Consumer Protection has a variety of prescribed (mandatory) and template forms. The links below are to help you find the form you need: Licences Motor vehicle industry licensing fees and forms (Motor vehicle dealers, salespersons, yard managers, car market operators, repairers and repair businesses...
Online resources
Identity fraud and scams are increasingly prevalent throughout the community, and the property industry is not immune to falling victim to such events. Bogus sellers Two highly publicised incidents in September 2010 and March/April 2011 resulted in properties being sold in Western Australia without...
Property scams, fraud, and identity checks

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Publications

Consultation status: CLOSED Submissions closed at 5pm on 30 June 2020. Is there a better way to resolve tenancy disputes than going to court? Possible options Offer mediation as a first option. Allow...
Consumer Protection
Consultations / public comment
01 Jul 2020
Consultation status: CLOSED Submissions closed at 5pm on 30 June 2020. Should claims on the bond be made easier for landlords and tenants? Possible options Allow either the landlord or the tenant to...
Consumer Protection
Consultations / public comment
01 Jul 2020
Consultation status: CLOSED Submissions closed at 5pm on 30 June 2020. Should a landlord be allowed to sell or donate abandoned goods? Possible option Allow a landlord to sell or donate abandoned...
Consumer Protection
Consultations / public comment
01 Jul 2020
Consultation status: CLOSED Submissions closed at 5pm on 30 June 2020. Should a tenant be allowed to terminate a fixed term tenancy agreement? Possible options Allow a tenant to end a fixed term...
Consumer Protection
Consultations / public comment
01 Jul 2020
Consultation status: CLOSED Submissions closed at 5pm on 30 June 2020. Should the landlord be allowed to terminate a periodic tenancy agreement if the status of the tenant or the landlord changes?...
Consumer Protection
Consultations / public comment
01 Jul 2020
Consultation status: CLOSED Submissions closed at 5pm on 30 June 2020. Should "no grounds" terminations by landlords be removed from the Residential Tenancies Act (the RTA)? Possible options No...
Consumer Protection
Consultations / public comment
01 Jul 2020
Consultation status: CLOSED Submissions closed at 5pm on 30 June 2020. Does the law about keeping pets in rental premises need to be changed? Possible options Allow a landlord to refuse only where...
Consumer Protection
Consultations / public comment
01 Jul 2020
29 November 2019 In this issue: Update to family and domestic violence regulations Update to family and domestic violence regulations From 12 October 2019 the regulations to the Residential Tenancies...
Consumer Protection
Bulletin
29 Nov 2019
29 November 2019 In this issue: Update to family domestic violence regulations. Update to family domestic violence regulations From 12 October 2019 the regulations to the Residential Tenancies Act...
Consumer Protection
Bulletin
29 Nov 2019
A tenant can use this flowchart to assist with proper notification and date counting when they wish to request permission from the lessor to affix furniture to a wall to ensure the safety of a child...
Consumer Protection
Information
02 Dec 2019

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Announcements

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
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
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
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
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
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
A Claremont property management agency has been reprimanded, fined $8,000 and ordered to pay costs of $2,000 by the State Administrative Tribunal (SAT) on 13 June 2019 for trust account errors and other breaches of the law. Gemranch Nominees Pty Ltd , trading as TM Residential and Executive Leasing , had breached the Real Estate and Business Agents Act and the Code of Conduct for Agents and Sales...
Consumer Protection
Media release
20 Jun 2019
david_hillyard_sq.jpg
david_hillyard_sq.jpg, by sroberts
With Commissioner for Consumer Protection David Hillyard WA has the worst rates of family and domestic violence in Australia and the number of incidents is unfortunately increasing. Family violence affects people from all walks of life making it everyone’s business and all of us have a part to play in preventing it. Changes to WA’s tenancy laws have now come...
Consumer Protection
Department News
18 Apr 2019
The Department of Mines, Industry Regulation and Safety (DMIRS) is conducting a stakeholder satisfaction survey to invite feedback on our services and our role as a regulator. The results will help DMIRS focus on business areas and services that need performance improvements. If you subscribe to a DMIRS email newsletter or subscriber news service, you may be contacted by email and invited to take...
Consumer Protection
Department News
29 Apr 2019
New tenancy laws to assist Western Australian renters affected by family and domestic violence are now in force. The new laws allow a tenant to end their tenancy with as little as seven days' notice if they or their dependants are impacted by family and domestic violence, even if the perpetrator is not named on the lease. There is no need to go to court and a new Consumer Protection form can be...
Consumer Protection
Media release
15 Apr 2019

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