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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April 2023 Newsletter

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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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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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March 2023 Newsletter

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March 2023 Newsletter

8 March 2023

Newsletter snapshot:

  • Site-wide discount code!

  • Industry updates: WA agents may have their say on changes to real estate CPD, NSW Fair Trading inspectors to crack down on breaches in new rental bidding requirements.

  • Disciplinary action: Former WA real estate agent fined for personal use of trust account funds, Victorian estate agent has licence cancelled for various breaches.

  • Legislative changes: ACT Government announces plans to change property developer legislation.

  • Important dates: NSW CPD due 22 March, WA trust account audit reports due 31 March, NSW assistant agents - are you on track to complete your licence training?

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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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WA agents, have your say on changes to real estate CPD

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WA agents, have your say on changes to real estate CPD

15 February 2023

The Western Australia Department of Mines, Industry Regulation and Safety (DMIRS) has announced it will be undertaking a review of the current real estate Continuing Professional Development (CPD) program.

A consultation paper based on an internal review by Consumer Protection has been published for public consideration.

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