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Queensland real estate agency fined $10k with a criminal conviction recorded

A Queensland real estate agency has been criminally convicted and fined $10,000 for committing repeated offences under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act).

On 10 April 2018 the Richlands Magistrates Court fined the agency for requiring a tenant to purchase carpet cleaning services as a condition of the tenancy agreement, and entering the tenant’s home unlawfully, including twice when only the tenant’s children were home.

A penalty of $10,000 was handed down with a criminal conviction recorded.

Magistrate Stuart Shearer drew parallels between the unlawful entries and burglary, and criticised the agent’s response to the tenant’s complaint for entering their home without adequate notice.

The agent served the tenant with a notice to remedy breach on the same day of their complaint.

“A tenant who is properly complaining about unlawful activity by the agency, to then be effectively threatened with a notice that, if uncomplied with, could see her evicted is a serious aggravating feature,” Magistrate Shearer said.

The RTA works with all parties involved in a tenancy to ensure they understand their rights and responsibilities to make renting work for everyone.

For more information around tenancy and responsibilities, visit the RTA website or contact the RTA direct on 1300 366 311.

The RTA is a Queensland Government statutory authority that administers the Residential Tenancies and Rooming Accommodation Act 2008. We provide tenancy information, bond management, dispute resolution, investigations and prosecutions, and policy and education services.