Gold Coast property owner fined for failing to lodge bond

A Gold Coast property owner has been fined for failing to provide an entry condition report, failing to lodge a tenant’s bond with the Residential Tenancies Authority (RTA) within the required 10-day timeframe and for not issuing a receipt.  

Wei Xiong appeared at the Southport Magistrates Court on 12 August 2024 and was ordered to pay a $2,750 fine for three offences under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), as well as legal costs totalling $1,151.40. No conviction was recorded.

Mr Xiong had initially been issued with penalty infringement notices by the RTA but chose to dispute them rather than pay the fine.  

Magistrate Goverdhan heard that Mr Xiong had been operating an Airbnb and negotiated a long-term residential tenancy agreement before the tenant moved into the Benowa property in 2023. Mr Xiong did not provide the tenant with an Entry condition report for general tenancies (Form 1a) at the start of the tenancy as required under the Act.  

Mr Xiong also did not provide the tenant with a signed receipt for the bond payment, nor did he meet his obligation to lodge the bond with the RTA within 10 days of receiving it.

The tenant later moved out of the property and lodged an investigation request with the RTA.

In her decision, Magistrate Goverdhan commented that Mr Xiong, who had moved to Queensland in recent years, was unfamiliar with the state’s tenancy laws and processes. He did not prepare an entry condition report as required under the Act and when the tenant gave him the tenancy agreement, Mr Xiong did not understand what to do next.

Magistrate Goverdhan said that the bond was lodged only after the RTA had contacted him. She said the bond receipt Mr Xiong had put before the court was in Chinese and had not been translated.  

‘… moving forward, you need to understand the processes before you let any place out,’ Magistrate Goverdhan told Mr Xiong.

RTA Chief Executive Officer Jennifer Smith said the court’s decision reinforced the need for property owners to be aware of and meet their obligations under Queensland’s rental laws.

‘These obligations are important in protecting the rights of all parties involved in a tenancy and as the state’s rental regulator, the RTA will act to ensure consequences are enforced for those who do not comply with the law,’ Ms Smith said.

‘The RTA supports both tenants and property owners/managers to complete essential bond and tenancy transactions and understand their rights and responsibilities through our digital services, educational resources and through our Contact Centre and free dispute resolution service.  

‘All Queenslanders are urged to be aware of their rights and responsibilities before signing a tenancy agreement.’

Learn more about RTA investigations and offences that attract a penalty under the Act.

For more information, including resources in other languages or to access our free interpreter service, explore the RTA website or contact the RTA.  

Original publication on 30 Sep 2024
Last updated on 01 Oct 2024

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