NSW portable bond scheme and further reform to recent laws around rent bidding

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NSW portable bond scheme and further reform to recent laws around rent bidding

10 May 2023

Following the NSW Government’s recent move to make solicited rent bidding on rental properties illegal, the Government will today introduce a bill to NSW Parliament with the aim of providing cost-of-living relief and better protection to NSW renters.

Not only does the legislation aim to eliminate the practice of secret rent bidding, it will also mark the first stages of the development of a portable bond scheme.

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

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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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Rent increase limits and minimum housing standards for Queensland tenancies

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Rent increase limits and minimum housing standards for Queensland tenancies

28 April 2023

Following significant reforms to residential tenancy laws in Queensland in October 2021 and October 2022, and with more changes yet to come, the Queensland Government has outlined what tenants, landlords, and agents can expect in upcoming changes to the Residential Tenancies and Rooming Accommodation Act 2008.

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

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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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ACT rental reforms set out minimum energy efficiency standard for ceiling insulation

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ACT rental reforms set out minimum energy efficiency standard for ceiling insulation

31 March 2023

The ACT Government has published further detail on how the ACT tenancy reforms due to commence on 1 April 2023 will provide greater comfort to tenants, literally. A media release published earlier today states that “rental homes across the ACT will now have to meet a minimum energy efficiency standard for ceiling insulation which will help keep Canberra homes comfortable, safe and energy efficient”.

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WA Consumer Protection reports over $4 million in bond money waiting to be claimed

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WA Consumer Protection reports over $4 million in bond money waiting to be claimed

30 March 2023

Western Australia Consumer Protection is appealing to WA tenants and landlords to claim outstanding bond money, stating that over $4 million is being held, waiting to be returned to rightful owners.

Consumer Protection understands the bonds were not paid out for a variety of reasons:

  • No forwarding contact or payment details were provided;

  • No agreement was reached on how to release the bond;

  • An application requesting a release of the bond was incomplete; or

  • The release of the bond was not requested at the end of the tenancy.

WA organisations and government agencies that are holding funds on behalf of others are legally obligated to transfer them to Treasury if still unclaimed after six years.

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Reforms to South Australian renting law officially underway

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Reforms to South Australian renting law officially underway

27 March 2023

Following consultation with property industry participants and the public late last year, the South Australian Government has now introduced proposed changes to the Residential Tenancies Act 1995 to parliament.

The Government of South Australia initially outlined immediate priorities on 15 February 2023, including:

  • a commitment to improving housing outcomes

  • more affordable rental bonds

  • a ban on rent bidding

  • restrictions on what information is requested on rental application forms

  • greater protection for tenant information

As the key regulator of the property industry in South Australia, Consumer and Business Services (CBS) has announced they will “provide advice to the State Government to inform the best way forward for South Australia”.

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Former Victorian agent faces over 900 charges relating to trust fund misuse

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Former Victorian agent faces over 900 charges relating to trust fund misuse

27 March 2023

In a media release this week, Consumer Affairs Victoria (CAV) outlines the staggering number of trust account breaches achieved by a now-former agent of Dandenong, Victoria. A total of 941 instances of trust fund misuse were identified by CAV after the then-agent decided to report their own personal use of trust funds by letter and phone.

It is alleged that approximately $75,000 in trust account funds were fraudulently converted for the agent’s personal use, between 12 March 2019 and 10 January 2020, while trading as Agent 96 Real Estate.

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ACT tenancy reforms to commence on 1 April 2023

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ACT tenancy reforms to commence on 1 April 2023

22 March 2023

In late 2022, the ACT Government announced plans to make changes to the current Residential Tenancies Act 1997 (the Act). In a media release this week, it has been confirmed that changes to tenancy legislation for the Territory will include:

  • The removal of ‘no cause’ evictions,

  • Prohibiting landlords and agents from asking for or encouraging rent bids,

  • Allowing tenants greater freedom to grow their own food and to compost, and

  • Creating a framework to support the future introduction of minimum housing standards for rental properties.

The changes are due to commence on 1 April 2023.

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NSW Fair Trading inspectors to crack down on breaches in new rental bidding requirements

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NSW Fair Trading inspectors to crack down on breaches in new rental bidding requirements

3 March 2023

In their latest Property Matters issue, NSW Fair Trading has announced how they plan to effectively monitor the behaviour of agents following the recent ban on solicited rent bidding. From late March, inspectors will be reviewing online rental applications, in addition to attending open homes, to identify instances of non-compliance with the ban.

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Victorian estate agent has licence cancelled for various breaches

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Victorian estate agent has licence cancelled for various breaches

24 February 2023

A former agent of Seymour, Victoria has had their licence revoked by Consumer Affairs Victoria (CAV). The licence cancellation was actioned as a part of disciplinary proceedings at the Victorian Civil and Administrative Tribunal (VCAT) in 2021, where it was alleged that the agent:

  • failed to comply with a condition imposed on their licence; 

  • failed to cause their trust accounts to be audited annually for the financial years from 2012 to 2021; 

  • failed to, at all times, act fairly and honestly and to the best of their knowledge and ability in performing their functions as an agent; and

  • engaged in conduct that was unprofessional or detrimental to the reputation or interests of the agent’s industry. 

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