National Association of Renters' Organisations launches report on principles for strengthening renters’ rights

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National Association of Renters' Organisations launches report on principles for strengthening renters’ rights

26 October 2023

The National Association of Renters' Organisations (NARO) has launched ‘The National Nine: Principles for Strengthening Renters' Rights’ – a briefing report providing expert guidance on the principles for strengthening renters’ rights in Australia.

In launching the report, a webinar event was held to give an overview of the report’s key recommendations and included a panel conversation. The topics discussed explored the challenges experienced by renters as renter advocacy groups and industry bodies seek solutions and identify priorities for a national tenancy reform agenda.

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Western Australian property manager jailed for trust account fraud

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Western Australian property manager jailed for trust account fraud

12 October 2023

Western Australia (WA) Consumer Protection has reported the state’s first case involving the jailing of a former property manager for trust account fraud. After being found to have unlawfully stolen over $140,000 in trust account funds, the agent has been sentenced to serve thirteen months in prison.

It was determined that the agent had made 141 unauthorised withdrawals from client trust accounts totalling $140,744.37, between the years 2020 and 2022.

This prosecution was enabled under amendments made to the Real Estate and Business Agents Act 1978 in January 2020, when the penalty for trust account fraud was increased to a fine of $25,000 – or two years’ imprisonment. Previously, the penalty for this type of offence in WA was a maximum fine of $3,000.

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NSW Government introduces strata sector reforms, extends existing property services commissioner role

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NSW Government introduces strata sector reforms, extends existing property services commissioner role

9 October 2023

The NSW Government has announced in a media release today that it will “move forward on critical reforms to strata laws this week, implementing changes to make the system fairer and more transparent”. As part of this goal, it has introduced the state’s first ‘Strata and Property Services Commissioner’ role. This has been carried out by extending John Minns’s existing role as Property Services Commissioner to also encompass strata matters.

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October 2023 Newsletter

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October 2023 Newsletter

3 October 2023

Newsletter snapshot:

  • Industry updates: Consumer Affairs Victoria warns against failure to audit trust accounts // Queensland Residential Tenancies Authority (RTA) continues to encourage tenants to enquire about outstanding bonds // Commercial news: Commercial real estate sector primed for strong growth in 2024, experts predict.

  • Disciplinary action: Victorian estate agent facing disciplinary action for poor conduct // Former Victorian estate agent convicted over illegal transfers of client funds // Western Australia Consumer Protection urges tenants to report racist behaviour after agent reprimanded and suspended // NSW Fair Trading publishes results from underquoting compliance inspections, confirms $52,800 in fines issued.

  • Legislative changes: Tasmanian agents, have your say on proposed changes to the Tasmanian Civil and Administrative Tribunal legislation by 4 October 2023.

  • NSW CPD updates: NSW Class 2 and Class 1 licensees can now complete their CPD training with us online!

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NSW Fair Trading publishes results from underquoting compliance inspections, confirms $52,800 in fines issued

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NSW Fair Trading publishes results from underquoting compliance inspections, confirms $52,800 in fines issued

3 October 2023

Following in the footsteps of the Victorian consumer protection body Consumer Affairs Victoria (CAV), NSW Fair Trading has also conducted and completed its own investigation into underquoting in the NSW (Sydney) property market. Some inspections were carried out undercover.

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Queensland Residential Tenancies Authority (RTA) continues to encourage tenants to enquire about outstanding bonds

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Queensland Residential Tenancies Authority (RTA) continues to encourage tenants to enquire about outstanding bonds

28 September 2023

In July this year, the Queensland Residential Tenancies Authority (RTA) launched a campaign in an effort to remind tenants to check for any outstanding bond payments they may be owed. Property managers and landlords were called upon to encourage tenants to reach out to the RTA to establish whether any bond monies were being held in trust under their name.

The RTA has provided an update on their campaign efforts, announcing that over $6.2 million in forgotten bond monies has been successfully returned to more than 6,200 tenants.

Landlords and property managers are encouraged to make use of an ‘amplifier kit’ developed by the RTA to continue to spread the word and reunite tenants with money owed to them.

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South Australian government's commitment to improving housing outcomes

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South Australian government's commitment to improving housing outcomes

27 September 2023

In its latest issue of ‘CBS Connect’, South Australia’s Consumer and Business Services (CBS) announces the State’s commitment to greater protection for prospective tenants.

Earlier this month, we reported on new laws surrounding the prohibition of rent bidding in South Australia, which commenced on 1 September 2023. CBS has since clarified further commitments to improving housing outcomes for tenants and prospective tenants.

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Consumer Affairs Victoria warns against failure to audit trust accounts

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Consumer Affairs Victoria warns against failure to audit trust accounts

12 September 2023

In a media release today, Consumer Affairs Victoria (CAV) has highlighted the consequences faced by agencies that fail to conduct audits of their trust accounts within the required annual period. CAV uses the example of recent legal action being taken against an agency after its directors failed to audit their trust account over several years, despite receiving reminders, a warning and infringement notices from CAV.

Agencies operating within Victoria must audit their client trust accounts within three months after 30 June every financial year.

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Western Australia Consumer Protection urges tenants to report racist behaviour after agent reprimanded and suspended

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Western Australia Consumer Protection urges tenants to report racist behaviour after agent reprimanded and suspended

8 September 2023

Western Australia (WA) Consumer Protection has announced on its website today that it has taken action against a Victoria Park real estate agent for sending an email “littered with racist and offensive language“ to their former tenants regarding the disposal of their security bond.

The agent was reprimanded and personally suspended by the WA State Administrative Tribunal for eight months from 1 September 2023.

WA Consumer Protection reports that the offending email centred around the agent’s harmful and racist views towards persons of Indian background.

Please note: The text within contains references/quotes to the suspended agent’s comments and may cause offence or distress to some readers.

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Former Victorian estate agent convicted over illegal transfers of client funds

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Former Victorian estate agent convicted over illegal transfers of client funds

7 September 2023

Consumer Affairs Victoria (CAV) has reported on a court outcome today concerning the actions of a former real estate agent who, in a series of small transfers, stole nearly $75,000 of their clients’ money from the agency trust account.

The agent was found guilty of two charges encompassing 941 instances of causing a deficiency in a trust account or the fraudulent conversion of funds for the agent’s own use. As a result, the agent was ordered to pay $74,613 in compensation to the Victorian Property Fund and has been sentenced to a 12-month community corrections order, requiring them to complete 200 hours of community service.

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