Sydney property management company fined for interstate rental bond lodgement failures
A Sydney-based property management company has been fined $9,000 by the Perth Magistrates Court after advertising properties for rent and managing them on behalf of their owners without being licensed in Western Australia.
It was also found to have failed to lodge two bonds with the WA Bond Administrator.
H and Z Group Pty Ltd, trading as Asset HQ Property Management Specialists, had lodged an application for a real estate agent’s licence in August 2013 but it was withdrawn by the company before being granted.
Asset HQ deny the claim, but were not in court to defend the matter last Friday.
Lawyers for Consumer Protection told the court that between June 2013 and September 2013 the company advertised online properties available for rent in Singleton, Carlisle, Landsdale, Rockingham and Butler.
The company then managed a number of those properties between July 2013 and January 2014.
The company website says Asset HQ is a member of The Real Estate Institute of Australia, The Property Council of Australia and complies with the Australian Competition & Consumer Commission (ACCC) and the Department of Fair Trading.
"These memberships provide landlords and tenants with an assurance that they will receive the highest level of customer service," the licensee in charge advised on the company website.
It blames an unintended mix-up.
On 20 March 2015 Asset HQ Property Management Specialists was fined $7,000 for operating in WA without a licence, in breach of the Real Estate and Business Agents Act, and $1,000 on each of the two charges of failing to lodge bonds.
Magistrate Hall said the company’s conduct was made worse by the fact that they were aware of the obligations but continued to conduct their business without a licence.
Commissioner for Consumer Protection Anne Driscoll said real estate agents trading on a national basis must be licensed in each jurisdiction in which they operate.
“Operating in WA without a licence is a serious offence, so national businesses must ensure they have the necessary licences and registrations in place before they advertise their services and conduct business here,” Driscoll said.
“Real estate and tenancy laws can vary from state to state, so agents operating across state and territory borders should check to ensure they are complying with the relevant real estate and tenancy laws.”