A landlord has been fined $4000 and ordered to pay the tenant back their $1400 bond.
Recent media reports have stated that a private landlord (managing his own property) has been fined in the Magistrates Courts for not lodging the tenant’s bond with the appropriate governing authorities (which have strict lodgement time periods) as well as failing to provide the tenant with a completed copy of the tenancy agreement and property condition report that has cost more than $5000 in lost income for his investment property.
Both landlords (their appointed agents) and tenants have clear legislative requirements that must be abided by. There are serious consequences for those who do not comply.
While some landlords, tenants and even agents may dispute and have their own personal opinions on the fairness of legislation, ultimately the intention of laws are to protect all parties.
The law is simply reinforcing that landlords must provide and maintain a liveable, safe and clean property with working appliances and locks (taking into consideration council by-laws and general property consumer safety laws) as well as respecting and not interfering with the tenants right to quiet enjoyment, peace, comfort and privacy. The tenant must pay the rent on time, report any maintenance, repair issues or damage, not use the property for an illegal purpose, not cause a nuisance or interfere with the reasonable peace, comfort or privacy of neighbours and leave the premises and inclusions, as far as possible, in the same condition they were in at the start of the tenancy, fair wear and tear excepted.
If all parties abided by the law, investing in and renting properties would be a far better experience. However, unfortunately, there will always be the select few who choose to act outside of the law or take advantage of the law.
Property management is serious business governed by laws, legislation requirements, compliance issues, notice period timeframes, prescribed forms and agreements, processes and duty of care (a moral or legal obligation to ensure the safety or well-being of others).