Private landlord fined for putting tenant at “unnecessary risk”

Overview

A private landlord who did not understand her obligations under WA’s tenancy laws has received a spent conviction and was fined $8,500 on 16 May 2025 by the Perth Magistrates Court.  The woman, who lives in NSW, pleaded guilty to four charges of breaching the Residential Tenancies Act 1987 (WA), regarding her handling of rent and bond payments, and a property condition report, for a property she owned in Ardross. 

Demand for upfront rent

In February 2024, the landlord entered into a tenancy agreement and demanded $16,200 to cover the first three months’ rent.  This demand, made a month before the tenant took occupancy, violated the Act which prohibits landlords from seeking more than two weeks’ rent in advance at this stage of the tenancy.

Threatened with eviction

Around a month before the due date for further rent, the landlord unlawfully demanded an additional $2,700 in fortnightly rent – a huge rent hike.  Via text message, the landlord threatened to evict the tenant if the payments were not made.

Failure to lodge bond

A further $16,200 paid as a security bond was not lodged with the Bond Administrator at Consumer Protection within the required 14-day timeframe.  Of this amount, only $5,400 of the bond was lodged and that was four months after it was received.  The remaining $10,800 was subsequently arranged for deposit with the Bond Administrator by the landlord but only following the initiation of prosecution action by Consumer Protection.

Failure to provide Property Condition Reports

The landlord also failed to provide the tenant with two copies of a property condition report within the required seven days, instead providing them 32 days late.

Ignorance no excuse

The landlord told the court she was unaware of her obligations under the Residential Tenancies Act.  However, in handing down the sentence, Magistrate Donna Webb said ignorance of the law was no excuse and that the landlord should have enquired about her obligations.  The landlord has since engaged a property manager to avoid any further breaches.

Comment from the Commissioner

Commissioner for Consumer Protection Owen Kelly said the Residential Tenancies Act was a vital safeguard for tenants, who were especially vulnerable during periods of high demand in the rental market.  In response to the case, Dr Kelly said:

“When tenants have fewer options, they may have little to no power to negotiate with landlords before or during the tenancy.  Therefore, it’s crucial landlords respect the laws that have been put in place to protect them.”

“The tenant in this case was subjected to unnecessary risk by being asked to pay three months of rent upfront before moving in.  She was also placed under unnecessary financial burden when further rent demands were made before that initial period had expired.”

“Handling security bond money is a serious matter, and the 14-day lodgement rule exists to safeguard the interests of both tenants and landlords.”

“All landlords with property in Western Australia need to familiarise themselves with the laws, or delegate this responsibility to a property manager, otherwise they risk facing legal repercussions.”

If you find yourself in need of advice regarding your rights and obligations as either a landlord or tenant, please do not hesitate to reach out to Randall Lawyers.