Blogs

Landlord Infringements

lease-agreement-with-keys

When landlords fail to meet certain responsibilities, this can result in their local Department issuing an infringement notice, or even prosecuting offending landlords before a Court.

Here is a list of offences for which an infringement notice may be given under the applicable Residential Tenancies Act (these may vary slightly from State to State etc):

  • Unlawfully demanding or receiving fee or reward for representing or assisting party to proceedings
  • Not using the prescribed form of written residential tenancy agreement
  • Failing to give prescribed information to the tenant
  • Failing to prepare a property condition report within 7 days
  • Failing to provide 2 copies of a property condition report within 7 days
  • Failing to inspect a premises within 14 days
  • Requiring/receiving unauthorised amount for or in relation, to a residential tenancy agreement
  • Requiring more than 2 weeks rent during the first 2 weeks of tenancy
  • Requiring more than 2 weeks rent in advance
  • Requiring/receiving more than one security bond
  • Requiring/receiving a security bond of more than 4 weeks rent plus a pet bond (if applicable)
  • Failing to give a receipt for a security bond
  • Failing to pay the security bond to the bond administrator
  • Failing to ensure a tenant does not sign a bond disposal form before residential tenancy agreement terminates
  • Failing to ensure tenant does not sign bond disposal form without amount of security bond stipulated
  • Requiring or receiving rent in excess of court ordered amount
  • Failing to give receipt for rent
  • Failing to keep records of rent received
  • Failing to keep records of rent received
  • Failing to notify tenant of a landlord’s details
  • Failing to notify tenant of a landlord’s name and property manager’s name and details
  • Failing to notify tenant of new landlord details
  • Failing to notify tenant of change of landlord’s details within 14 days
  • Failing to give tenant copy of residential tenancy agreement
  • Failing to give tenant copy of executed residential tenancy agreement
  • Executing residential tenancy agreement providing for accelerated rent or liquidated damages
  • Altering, removing or adding lock without consent
  • Giving false or misleading notice of termination
  • Failing to give notice that abandoned goods have been stored
  • Failing to give reclaimed document to person
  • Entering leased premises to recover possession without court order
  • Failing to give written notice of usual use of residential tenancy database
  • Failing to give written notice of personal information in residential tenancy database
  • Listing personal information in residential tenancy database contrary to the respective Act
  • Failing to keep copy of written notice under respective Act
  • Lessor or lessor’s agent failing to give copy of personal information within 14 days of request
  • Failing to take reasonable steps to ensure security bond is transferred to bond administrator when required

 

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Jason Gwerder