Landlord demanded tens of thousands of dollars then threatened to kick out tenant if they did not pay up
The woman from NSW claimed she did not understand her obligations to handle rent, bond payments or a property condition report under WA's tenancy laws when she pleaded guilty to four charges of breaching the Residential Tenancies Act.
The NSW landlord owned a property in the Perth suburb of Ardross when she entered into a tenancy agreement and demanded $16,200 from her tenant to cover the first three months' rent, about a month before the tenant moved in.
She then demanded an additional $2700 in fortnightly rent about a month before the next due date and told the tenant in a text message she would find another tenant if the payments were not made.
The woman failed to lodge a further $16,200 paid as a security bond with the Bond Administrator at Consumer Protection within the 14-day time frame, then only lodged $5,400 of the bond four months after it was received.
She arranged to deposit the remaining $10,800 with the Bond Administrator after Consumer Protection started legal proceedings against her.
The court was also told the landlord provided the tenant with two copies of a property condition 32 days late.
The landlord was fined $8500 and received a spent conviction in the Perth Magistrates Court.
Magistrate Donna Webb said ignorance of the law was no excuse and the landlord should have inquired about her obligations.
Consumer Protection commissioner 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.
The commissioner said the landlord violated the Act by seeking more than two weeks' rent from the tenant a month before the tenancy took occupancy.
He said the tenant was subjected to unnecessary risk by being asked to pay three months of rent upfront before moving in.
'When tenants have fewer options, they may have little to no power to negotiate with landlords before or during the tenancy,' he said.
'(The tenant) was also placed under unnecessary financial burden when further rent demands were made before that initial period had expired.'
The commissioner said handling security bond money was a serious matter, and the 14-day lodgement rule was in place 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,' he said.
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