16 October 2019

Queensland Residential Tenancies Authority (RTA)

Agency’s unreasonable interference with tenant’s access to premises

Brisbane agency, Ray White Annerley, has been fined $1,300 after refusing to provide a new tenant with keys to a Fairfield rental property until the tenant signed an entry condition report. Under Queensland residential tenancy law, after signing the lease to a rental property, the tenant must be provided with three days to assess the property, complete, sign and return the entry condition report.

The agency had reportedly told the tenant it was “office policy” to have two entry condition reports – one of which needed to be signed immediately by the tenant before they could receive the keys. The agency refused on multiple occasions to provide him with the keys to his new rental home after the tenant advised he would not sign the entry condition report without first viewing the property.

Victoria Consumer Affairs (CAV)

Trust account breaches by agency

After pleading guilty to 37 charges relating to the misuse of trust money, a former agent from Cobden, Victoria, has been sentenced to three months’ jail time.

At Warrnambool County Court, David Steel, 57, was convicted on the basis of missing trust account funds and defalcations. Mr Steel's company, Realestate Property Pty Ltd, trading as 'David Steel First National', was also convicted and fined $10,000.

Realestate Property Pty Ltd also pleaded guilty to a 'failure to lodge bonds' charge. Under Victorian law, estate agents are strictly required to deposit their clients’ money into a trust account.