Perth real estate agency fined for taking six months to refund rental bond following court order

A Perth real estate agency has been fined $1,000 and been ordered pay costs of $451 after one of its property managers failed to refund a tenant a rental bond six months after a court ordered the manager to do so.

Bob Oliver Realty Pty Ltd, based in Applecross, appeared in the Fremantle Magistrates Court on March 23, 2012 charged with failing to pay back a security bond to a tenant in accordance with a court order within seven days.

Lawyers from Consumer Protection, the consumer advocacy arm of the WA Department of Commerce, told the court that the bond of $5,527 was paid to the tenant six months after the court issued an order for the bond to be paid.

The agency repaid the bond after the Fremantle Community Legal Centre lodged a complaint with Consumer Protection and an appeal against the order by the agent failed.

During sentencing, Magistrate Elizabeth Langdon said that, after 30 years of being licensed, the real estate agent should have full understanding of tenancy laws and their responsibilities.

Langdon reminded the agent that court orders need to be complied with and added that was inappropriate for the agent not to exercise proper supervision of the agency’s property manager.

Commissioner for Consumer Protection Anne Driscoll says the case highlights the need for real estate agents and property managers to dispose of security bonds in accordance with the law.

“A tenant should not have to go to such lengths and wait so long to receive bond money to which they are legally entitled,” she says.

“All agents and property managers should be well aware of the requirements of the Residential Tenancies Act and keep up to date with changes to bond requirements when they come into effect at the end of this year.”