Land­lord fined for breach

Cockburn Gazette - - NEWS -

A SYDNEY man has been fined $10,000 for fail­ing to lodge ten­ant bonds for two sep­a­rate tenants in a Hamil­ton Hill du­plex.

In July 2016 land­lord Mark Alas­dair Adam col­lected a $1600 bond from a ten­ant at the Phoenix Road du­plex and col­lected the same amount from the tenants next door a month later in Au­gust.

Af­ter al­most three years nei­ther bond had been lodged with the Bond Ad­min­is­tra­tor, which the mag­is­trate found put Mr Adam in breach of the Res­i­den­tial Ten­an­cies Act.

Mr Adam was con­victed at the Perth Mag­is­trates Court in his ab­sence and fined $5000 for each of­fence.

He was also ordered to pay $3775.10 in costs.

Consumer Pro­tec­tion Com­mis­sioner David Hill­yard said the case was a warn­ing to land­lords who man­aged their own rental prop­er­ties that they needed to com­ply with the Res­i­den­tial Ten­an­cies Act.

“Bond money is held se­curely in trust by the Bond Ad­min­is­tra­tor and any de­lay in de­posit­ing these funds puts them at risk,” he said.

“There is ab­so­lutely no ex­cuse why bond monies are not lodged with the Bond Ad­min­is­tra­tor, nor any rea­son why they can­not be lodged within the 14day pe­riod or sooner.

“Land­lords who choose not to en­gage a real es­tate agent to man­age their prop­erty should en­sure they are aware of the laws that ap­ply to them, es­pe­cially for the lodge­ment of bond monies, prop­erty con­di­tion re­ports, a ten­ant’s right to quiet en­joy­ment and prop­erty in­spec­tions.”

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