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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