Residential tenancy reforms introduced to WA Parliament

Residential tenancy reforms introduced to WA Parliament

29 November 2023

The Western Australian Government has today introduced legislation into Parliament which proposes a series of residential tenancy law reforms that will directly affect landlords, property managers and real estate agents.

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Reforms to short-stay accommodation in Western Australia

Reforms to short-stay accommodation in Western Australia

9 November 2023

In a media release on the Department of Mines, Industry Regulation and Safety (DMIRS) website today, the Western Australian Government has announced reforms to the short-stay accommodation sector, to improve housing availability through incentives to property investors.

Under the reforms, the following will apply:

  • All short-term rental accommodation providers to be required to register properties

  • New $10,000 incentive for property owners to transition existing short-term rental accommodation into long-term rental homes for Western Australians

  • Reforms to provide consistency across the sector and clarity on what is required to operate a short-term rental accommodation property.

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Western Australian property manager jailed for trust account fraud

Western Australian property manager jailed for trust account fraud

12 October 2023

Western Australia (WA) Consumer Protection has reported the state’s first case involving the jailing of a former property manager for trust account fraud. After being found to have unlawfully stolen over $140,000 in trust account funds, the agent has been sentenced to serve thirteen months in prison.

It was determined that the agent had made 141 unauthorised withdrawals from client trust accounts totalling $140,744.37, between the years 2020 and 2022.

This prosecution was enabled under amendments made to the Real Estate and Business Agents Act 1978 in January 2020, when the penalty for trust account fraud was increased to a fine of $25,000 – or two years’ imprisonment. Previously, the penalty for this type of offence in WA was a maximum fine of $3,000.

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Western Australia Consumer Protection urges tenants to report racist behaviour after agent reprimanded and suspended

Western Australia Consumer Protection urges tenants to report racist behaviour after agent reprimanded and suspended

8 September 2023

Western Australia (WA) Consumer Protection has announced on its website today that it has taken action against a Victoria Park real estate agent for sending an email “littered with racist and offensive language“ to their former tenants regarding the disposal of their security bond.

The agent was reprimanded and personally suspended by the WA State Administrative Tribunal for eight months from 1 September 2023.

WA Consumer Protection reports that the offending email centred around the agent’s harmful and racist views towards persons of Indian background.

Please note: The text within contains references/quotes to the suspended agent’s comments and may cause offence or distress to some readers.

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July 2023 Newsletter

July 2023 Newsletter

7 July 2023

Newsletter snapshot:

  • Site-wide discount to celebrate World Chocolate Day! 🍫

  • Industry updates: Over $300,000 stolen from WA real estate trust account by scammers // Update on NSW rent bidding ban compliance.

  • Disciplinary action: NSW real estate agent sentenced to two years imprisonment following 121 counts of fraud // Former Victorian estate agents representative banned from industry for 10 years, fined $2,500 // Former Victorian agent sentenced for misuse of over $100,000 in trust money.

  • Legislative changes: Rent bidding banned in South Australia // New laws around rent increase frequency for Queensland commenced 1 July 2023.

  • Feature blog: ‘Protecting your real estate business from scam activity and fraud’.

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Over $300,000 stolen from real estate trust account by scammers

Over $300,000 stolen from real estate trust account by scammers

26 June 2023

Less than a month after a real estate agent lost $43,080 and two settlement agents lost a combined $64,468, a Western Australia real estate agent has lost $329,500 in trust account money after falling victim to a remote access bank scam last week.

Western Australia Consumer Protection reports that the scammer convinced the agent to download remote access software to their computer, which the scammer then used to access the agency trust account. The scammers were successful in completing a range of transactions out of the trust account while on the phone with the victim. The agent’s real bank then called to alert them that they were concerned about possible fraudulent activity on their account.

We recently published a blog post on protecting your real estate business from scam activity and fraud.

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June 2023 Newsletter

June 2023 Newsletter

20 June 2023

Newsletter snapshot:

  • Site-wide ‘End of Financial Year’ discount code!

  • Industry updates: Scammers target real estate and settlement industry trust accounts // Northern Territory 'Water Plan' announced, providing water security for Territory residents.

  • Disciplinary action: WA agency fined over failure to act in best interest of clients // Victorian estate agent prosecuted for alleged trust account misuse // Queensland agent sentenced to eight years in jail for fraud // Victorian agent jailed for trust account misuse.

  • Legislative changes: NSW portable bond scheme and further reform to recent laws around rent bidding // WA Consumer Protection announces changes to tenancy laws // South Australia rental reforms: An update on laws for renting with pets.

  • Important reminder: ACT CPD due 30 June 2023 for licence holders.

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WA Consumer Protection announces changes to tenancy laws

WA Consumer Protection announces changes to tenancy laws

26 May 2023

Significant changes to Western Australian tenancy laws have been announced, in an effort to “improve rights for renters and provide certainty for landlords”.

The changes centre around prohibiting the practice of rent bidding, reducing the frequency at which rent may be increased, and allowing greater freedom for tenants around making minor modifications to a rental property and keeping pets on premises.

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WA agency fined over failure to act in best interest of clients

WA agency fined over failure to act in best interest of clients

10 May 2023

Western Australia Consumer Protection has reported details on its website today surrounding a WA agency’s failure to act in the best interest of its clients.

Consumer Protection carried out disciplinary actions on the agency by reprimanding its actions and issuing the agency $6,000 in fines for breaching the Real Estate and Business Agents Act 1978 and the Code of Conduct under the Act. The agency’s principal was also reprimanded, in addition to being fined $4,000, “for failing to exercise due care, diligence and skill in her supervision of the agency in relation to the breach.”

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May 2023 Newsletter

May 2023 Newsletter

5 May 2023

Newsletter snapshot:

  • Site-wide Mother’s Day discount code!

  • Industry updates: NSW Fair Trading's recommendations for the handling of personal information and tenancy applications, Changes to NSW CPD for 2023-2024.

  • Disciplinary action: Unlicensed individual acting as WA agent ordered to pay over $23,000 in fines and costs.

  • Legislative changes: Rent increase limits and minimum housing standards for Queensland tenancies.

  • Important reminder: ACT CPD due 30 June 2023 for licence holders.

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Unlicensed individual acting as WA agent ordered to pay over $23,000 in fines and costs

Unlicensed individual acting as WA agent ordered to pay over $23,000 in fines and costs

6 April 2023

An unlicensed individual acting as a property manager in Willetton, Perth has been ordered to pay costs of $5,718.16, in addition to being fined a total of $18,000 by the Perth Magistrates Court.

The individual is reported to have “entered into property management agreements, found tenants, negotiated and collected rents, paid water bills and carried out property inspections and repairs” as an unlicensed person, breaching the Real Estate and Business Agents Act 1978 to a significant degree.

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April 2023 Newsletter

April 2023 Newsletter

6 April 2023

Newsletter snapshot:

  • Site-wide Easter long weekend discount code!

  • Industry updates: WA Government reports $4 million in bond money waiting to be claimed by tenants and landlords.

  • Disciplinary action: Former Victorian agent faces over 900 charges relating to trust fund misuse.

  • Legislative changes: ACT tenancy reforms commenced 1 April 2023, Reforms to South Australian renting law officially underway.

  • Employment opportunity: Ingleburn NSW, Full-time Property Manager with Linkers Real Estate

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