OPINION: Landlords and tenants must know their obligations

A recent court case has highlighted the need for private landlords, real estate agents and property managers in WA to be aware of their obligations under tenancy laws.

In the case, Bozena Sakowski was fined $7200 by the Perth Magistrates Court after she pleaded guilty to 24 breaches of tenancy laws while acting as a landlady.

The charges related to failure to lodge security bond with the bond administrator, failure to provide receipts for the bond, failure to use the correct forms and information when entering into a written tenancy agreement and failure to provide property condition reports at the start and end of a tenancy.

Sakowski took bond money in cash and kept it in her safe or had it deposited directly into her bank account. This is illegal.

Under the Residential Tenancies Act, all security bonds on rental properties must be lodged with the bond administrator at the Department of Commerce within 14 days and within a month tenants will receive confirmation their bond has been lodged. If this does not happen, tenants should check with their landlord, agent or the bond administrator.

Standard lease agreements were introduced in 2013 to ensure fairness in the rental market and to provide clarity about the rights and obligations of both tenants and landlords.

Tenants must be given information outlining the different avenues for resolving disputes.

Sakowski also used a 2005 REIWA tenancy agreement form and created her own lease agreement, which included improper conditions, such as no children being allowed to visit the property.

The completion of a property condition report is compulsory under tenancy law. Failure to provide this report puts tenants in a position where they cannot verify that damage to the property existed before they moved in.

I encourage anyone who rents out a property in WA to learn about their rights and responsibilities by reviewing Consumer Protection’s webpages and videos at www.commerce.wa.gov.au/tenancy . The forms are available to download and use at no cost.

Further information on bonds is available on the Consumer Protection website at www.commerce.wa.gov.au/bonds . Security bond lodgement forms can be downloaded or submitted online.

Tenants can check their bond has been lodged by contacting the Bond Administrator by email: bondsadmin@commerce.wa.gov.au or by calling 1300 583 829.