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The Guardian
7 days ago
- Business
- The Guardian
NSW real estate agents threaten renters with fees if they are not home for tradespeople – but legally they don't have to be
New South Wales real estate agents are threatening renters with fees as high as $330 if they are not at home to let maintenance workers in, despite there being no legal requirement for renters to personally allow entry. On 8 July, Lauren Gillin's agency told her she needed to be home during a two-and-a-half-hour window seven days from that date to allow access for a smoke alarm inspector or pay a $90 fee. 'Please make yourself available, this inspection is compulsory, and access must be provided,' Gillin's property manager at Rich & Oliva said in a letter seen by Guardian Australia. 'Should access not be made available, a fee of $90 will be incurred for re-inspection.' In a statement, a NSW Fair Trading spokesperson said real estate agents must provide two days' notice for 'non-urgent repairs or inspection of a smoke alarm'. However, 'there is no requirement for the tenant to be in the property for the inspection,' the spokesperson confirmed. Further, 'the Residential Tenancies Act 2010 (NSW) limits fees and charges a landlord or agent can ask a tenant to pay, with only certain payments such as rent, rental bond and other prescribed fees allowed to be charged'. Sign up for Guardian Australia's breaking news email Gillin, a media manager at a community legal centre who lives in Haberfield in Sydney's inner west, said she was disappointed by the letter. 'It's an unreasonable request to be home for 2.5 hours on a weekday.' Tenants of an apartment block in the city's eastern suburbs received a similar notice from a different real estate agency, which Guardian Australia has chosen not to identify because renters said they were worried about the potential consequences. That agency wrote to the tenants in June, in an email seen by Guardian Australia, telling them they needed to be home on a day late that month between 9.30am and 10.30am for a mandatory fire safety inspection. The email warned that any failure to give access to the home would result in a re-inspection fee of $330 and advised the tenants to organise someone on their behalf to allow access if they could not do so. The Tenants' Union of NSW chief executive officer, Leo Patterson Ross, said the $90 charge Gillin faced did not 'strictly have any basis' because the agent or landlord could still give access to the smoke alarm inspector by organising entry. 'As long as the tenant hasn't actively prevented them from entering the property, then there's no basis for that charge,' he said. Patterson Ross said the $330 fee faced by residents of the eastern suburbs apartment block was 'pretty much the exact same situation' – there was no legal basis for the charge. 'The agent, probably, in a building like that where there's a lot of people, they don't want to spend their whole day walking around all the apartments,' he said. 'But there's nothing stopping them from doing that.' Patterson Ross said more than 2,100 people contacted the tenants' union in 2024 for advice about access issues. He said he regularly spoke to renters who had been threatened with fees for supposedly not allowing access to their homes, who assumed the charges were legitimate. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion 'No one's told the agent they can't do it and it becomes normal and then they train other people and it becomes process without anyone really checking whether it's compliant with the law,' Patterson Ross said. 'Generally, a lot of the pressure of enforcing the legislation is falling on the tenant at the moment.' Gillin said she tried to raise her concerns with one of the Rich & Olivia staff members, but did not feel the issue was resolved. The company did not respond to Guardian Australia's request for comment. On 8 July, Gillin lodged a complaint with the agency. In the email, seen by Guardian Australia, Gillin said her experience with the agency had otherwise 'been really positive' which made the letter she got from them 'all the more surprising'. She followed up on 9 July, citing legal advice she had received from the tenants' union and the NSW rental commissioner, Trina Jones, that she did not need to be at home during a smoke alarm inspection. Jones told Guardian Australia that a fee for not being present during a smoke alarm inspection could not legally be passed on to tenants. She said the state's rental taskforce – which was created earlier this year – contacted Gillin's agent to advise them of their responsibilities under the law and make clear the charge was not permitted. 'Illegal fees and charges remain an issue in the sector,' Jones said. 'Since January, the Rental Taskforce has overseen refunds of $165,303 to renters who were charged unlawful fees.' On Wednesday, Gillin said the smoke alarm technician let her know they had got a key from the agency to let themselves into the property. But she said the agency still had not responded to her complaint.
ABC News
21-07-2025
- Automotive
- ABC News
NSW government pushes back e-bike certification fine after industry 'confusion'
A safety requirement deadline for e-bikes that some believed would threaten food delivery, tourism and consumer options in NSW has been pushed back after outcry from the industry. Fines of up to $825,000 were meant to commence from August 1 for manufacturers and suppliers who did not have e-bike models and parts certified on time — including lithium-ion batteries or chargers. The new product standards introduced earlier this year were a nationwide first to tackle fire risk, also applying to hire e-bikes and similar micromobility products like e-scooters or skateboards. But stakeholders argued there would be adverse effects from the "unrealistic accreditation deadlines" and said the bigger concerns were homemade kits, illegal imported e-bikes and poor quality versions being bought online or overseas. Retailer 99 Bikes began clearing stock in preparation, while US manufacturer Trek said it would have been forced to withdraw from sales in NSW in order to comply by the original date. After some pressure, the NSW government quietly announced last week the cut-off was postponed until next February. Here's how the new date will affect customers trying to buy or rent e-bikes in the state. Like dishwashers or hair dryers, e-bikes must now meet international electrical standards and be approved before sale. NSW Fair Trading said the new standards — including providing information about safe use, storage, charging and disposal — would help ensure only compliant products were available on the market. Regulation and Fair Trading Minister Anoulack Chanthivong said it would also crack down on fires sparked by low quality batteries. According to Fire and Rescue NSW (FRNSW), there have been 166 lithium-ion-related incidents in the state so far this year. General manager of Bicycle Industry Australia Peter Bourke said the government's "one size fits all" approach bunched together "good quality" e-bikes with "lower end" alternatives. "This declared articles framework the New South Wales government utilises has been designed around household goods," he said. "They've actually compared e-bikes to the same electrical frameworks as toasters and electric blankets." After receiving feedback, NSW Fair Trading said consultation concerns included "delays in obtaining test reports, costs associated with testing, and confusion around the scope" of the process. Applying for certification with the consumer regulator costs about $1,200 per bike, but additional lab testing can be over $20,000 per model and take up to six months, Mr Bourke said. "The challenge is not about meeting the certification, it's about going through the testing protocols," he said. Chief executive of 99 Bikes, Andrew Garnsworthy said the chain was supportive of the "overall objective to have high quality e-bikes and a reduction in e-bike battery fires". He said the initial "unrealistic accreditation deadlines" would have led to safer models being pulled from the market. In turn, Mr Garnsworthy said consumers could resort to lower quality alternatives available online from overseas, which could "backfire and unfortunately increase the amount of battery fires". He welcomed the "sensible" extension, but said the testing costs, even pushed back, could "increase the costs of e-bikes in NSW" for consumers. Outdoors NSW said at the start of July that the implementation would "devastate cycle tourism, force business closures, and risk millions of dollars in government investment in regional adventure tourism". This is because hire e-bikes, used by tour companies and in food delivery, were not exempt from the certification rules. "Good quality hire bikes for food delivery … operate on a monthly hire process," Mr Bourke said. "So those [third party companies] wouldn't have been able to hire their product out either, and so the gig economy workers would also have been messed up." A spokesperson for NSW Fair Trading said the cost of certification was "expected to be borne by manufacturers, with small businesses primarily responsible for verifying that the products they sell are compliant". "Matters relating to illegally imported bikes fall under the jurisdiction of the Commonwealth Government," they said. NSW Fair Trading confirmed the new compliance deadline came after "feedback from industry stakeholders". "Despite the extension, all declared e-micromobility products must continue to meet the prescribed safety standards and NSW Fair Trading will maintain active market surveillance and enforcement action against suppliers found selling non-compliant products," the spokesperson said. Mr Bourke said for customers hoping to buy or upgrade their e-bike next month, it would be "business as usual". "Brands are looking to certify their product as fast as possible and over the coming months there will be an ability to replace stock," he said. Smaller fines of up to $5,500 will still be enforced on August 1 for suppliers who do not provide clear and accurate safety information alongside products. The final piece of the puzzle is the introduction of mandatory labelling, which is also set to kick off next February.
The Age
02-07-2025
- The Age
Goblin doll Labubu's evil twin contaminating Australian supply, authorities warn
If you find the viral goblin-like collectible doll, Labubu, distasteful, then you haven't yet met its mutated sidekick, Lafufu. The counterfeits are so scary that on Tuesday, NSW Fair Trading issued a warning to Australian consumers about Lafufus, telling shoppers to beware. Via its Facebook account, Fair Trading warned consumers that Lafufu – the nickname given to Labubu counterfeits, which look like a worse-off version of the furry elf doll – have infiltrated the Australian market of Labubus. 'Labubu toys are all the rage right now – but beware, some online sellers are tricking shoppers with counterfeit Lafufu [fake Labubu] products or not delivering at all,' the warning read. It told collectors to look out for the Lafufus' disfigured ears spread far apart from each other, and to count the number of its teeth (if there are more or fewer than nine fangs), which it also said may be 'poorly shaped'. Labubu, a helpful elf-like monster, was created in 2015 by a Belgium-based artist from Hong Kong, Kasing Lung. Labubu was one of several monsters illustrated by Lung for three children's books based on Nordic folklore. Loading While the original Labubu is already off-putting to many, its evil twin can be told apart by its frequently mangled features. Some Lafufus' heads can be removed from their furry bear suits, others' faces are completely upside-down. Some Lafufus are even more sought after than the originals they are mocking. Part of the Labubu hype derives from their packaging in 'blind boxes', meaning buyers can't see which Labubu they get before they buy them. The rarity of some colours and special editions keeps customers buying more, but also makes it harder to detect when one is fake before taking it home. Fair Trading advised collectors to limit their purchases to legitimate businesses and to beware of overseas websites offering Labubus at 'suspiciously low prices'. It added that scam stores could be reported on the Fair Trading website.
Sydney Morning Herald
02-07-2025
- Sydney Morning Herald
Goblin doll Labubu's evil twin contaminating Australian supply, authorities warn
If you find the viral goblin-like collectible doll, Labubu, distasteful, then you haven't yet met its mutated sidekick, Lafufu. The counterfeits are so scary that on Tuesday, NSW Fair Trading issued a warning to Australian consumers about Lafufus, telling shoppers to beware. Via its Facebook account, Fair Trading warned consumers that Lafufu – the nickname given to Labubu counterfeits, which look like a worse-off version of the furry elf doll – have infiltrated the Australian market of Labubus. 'Labubu toys are all the rage right now – but beware, some online sellers are tricking shoppers with counterfeit Lafufu [fake Labubu] products or not delivering at all,' the warning read. It told collectors to look out for the Lafufus' disfigured ears spread far apart from each other, and to count the number of its teeth (if there are more or fewer than nine fangs), which it also said may be 'poorly shaped'. Labubu, a helpful elf-like monster, was created in 2015 by a Belgium-based artist from Hong Kong, Kasing Lung. Labubu was one of several monsters illustrated by Lung for three children's books based on Nordic folklore. Loading While the original Labubu is already off-putting to many, its evil twin can be told apart by its frequently mangled features. Some Lafufus' heads can be removed from their furry bear suits, others' faces are completely upside-down. Some Lafufus are even more sought after than the originals they are mocking. Part of the Labubu hype derives from their packaging in 'blind boxes', meaning buyers can't see which Labubu they get before they buy them. The rarity of some colours and special editions keeps customers buying more, but also makes it harder to detect when one is fake before taking it home. Fair Trading advised collectors to limit their purchases to legitimate businesses and to beware of overseas websites offering Labubus at 'suspiciously low prices'. It added that scam stores could be reported on the Fair Trading website.
Daily Telegraph
25-06-2025
- Business
- Daily Telegraph
Homebuyers hit with massive fee rise
OPINION Inspection of strata records is crucial to enable prospective owners to glean information about the scheme before they buy their apartment. However from July 1 these inspection fees are almost doubling in price. Amid huge affordability issues, no reason has been given for the outrageous increase, albeit the first in nine years. It is all the more of an odd decision by Anoulack Chanthivong, the Better Regulation and Fair Trading Minister, given structural, waterproofing and fire safety defects wreak havoc across as much as half of NSW's strata buildings. MORE: Why most Aussies are using their heaters wrong Transparency, accountability and increased engagement are vital to ensure home buyers don't naively buy into a strata nightmare. The fees for inspecting strata records online or in person will increase from $31 to $60 for the first hour, and from $16 to $30 for each half-hour after the first hour. The increase will apply to prospective buyers of apartments, townhouses and villas. Fees will stay the same for current owners. It is strata managers under the watch of the strata committee who are responsible for making and keeping all the records. They must keep all financial records and statements for at least seven years. Likewise they must keep a record of all communications sent and received by the strata committee and owners corporation for seven years along with meetings records. MORE: Aus pub's $500m collapse, staff owed $7m Since June last year, records strata schemes are required to keep must be stored electronically. The recently unveiled batch of new strata laws and fees also require electronic access to records to be through secured means. Current owners must authorise prospective buyers to see the strata roll, financial records and other records by contacting the strata committee or strata manager. These potential owners – or more likely hired strata searchers – face a costlier exercise to inspect a strata scheme's records ahead of purchase. Pre-purchase reports all mount up especially if the buyers miss out at auction, with no reform attempt since the former Kiama MP Matt Brown unsuccessfully sought to reduce the costs incurred about 15 years ago. Back then Brown noted the typical strata report cost was $300 to $350. These days buyers typically pay up to $299 for reports on strata schemes of less than 100 lots, and this jumps higher per report for even bigger strata schemes. MORE: Huge promise Hemsworths made about Byron Bay There is also a shared marketplace using a share cost model that is seeing reduced costs for pre-purchase reports for the buyers as low as $89. And some innovative estate agencies make a prepared online strata report readily available to buyers. It is a cost their seller incurs but it helps the prospective buyer in moving quicker to make an offer with the confidence they need. 'By giving buyers the information upfront, you remove the friction that slows deals down,' Before You Buy founder Rhys Rogers says. Requests to see strata records and make copies must be given within 10 days. The owners corporation must put the fee into their administrative fund and pay their strata manager their agreed fee for its supply. MORE: Kmart set to change everything in Temu war
