Landlords hit with $50k in fines amid no-grounds eviction crackdown

Dozens of NSW landlords have been fined for re-letting their homes and breaking rules around the state's no-grounds eviction policy. (ABC News: Timothy Ailwood) NSW Fair Trading has issued 12 fines totalling $50,000 and delivered 13 formal warnings to landlords caught wrongfully evicting their tenants. One Sydney real estate agent has been fined $35,000 for evicting a tenant at a Campsie property on what later turned out to be false grounds. The NSW government banned no-grounds evictions in May last year and introduced re-letting exclusion periods to prevent landlords from gaming the system. Link copiedShareShare articleDozens of NSW landlords have been caught re-letting their homes after evicting tenants for supposedly 'genuine' reasons, which later turned out to be false. One Campsie real estate agent in Sydney's south-west was fined $35,000 for evicting a tenant on the grounds that the landlord's relative wanted to move into the property. No such family member ever turned up and the home was re-advertised the day after the tenant was evicted. Mr Chanthivong says more than 600 wrongful eviction claims were investigated by the rental taskforce. (AAP: Dan Himbrechts) Fair Trading Minister Anoulack Chanthivong said the case was one of more than 600 investigated by the NSW Rental Taskforce. As part of its ban on no-grounds evictions introduced in May last year, the Minns government provided a list of reasons for which a tenant could be evicted, like major renovations or ca landlord or relative moving in. However, to deter landlords from simply lying to their tenants and immediately readvertising their properties, the government created re-letting exclusion periods. For example, if a landlord evicted a tenant in order to conduct major repairs or renovations, they would have to wait four weeks before re-letting the property. If a tenant was evicted so a landlord or their relative could move in, the property could not be re-let for at least six months. The government created re-letting exclusion periods to deter landlords from simply lying to their tenants. (ABC News: Monish Nand) The same waiting period would apply if a tenant had been evicted to prepare for the home's demolition or sale. And if the landlord informed their tenant that the property would cease to be a rental, the home could not be re-let for a year. Mr Chanthivong said the rental taskforce would continue to monitor rental listings, looking for breaches. "For the small percentage that are deliberately doing the wrong thing, I just say watch out." While human beings are welcome to report breaches of the re-letting exclusion periods, the bulk of the rental taskforce's tip-offs come from purpose-built software. It scans rental advertising websites to flag potential breaches. It then matches that information with bond data and mandatory end-of-tenancy surveys to identify properties that warrant further investigation. 12 fines have been issued, totalling more than $50,000, while another 13 formal warnings have been delivered. Trina Jones detailed the benefit of the taskforce's purpose-built software. (ABC News) Rental Commissioner Trina Jones said only four per cent of rental properties required investigation. "Innovation like the re-letting tool means as regulators we can have a greater focus on problem areas without burdening compliant landlords and agents." Breakfast Point, Fernhill and Parramatta make up the top three NSW suburbs for infringements and warnings. In some circumstances, the re-letting exclusion period is the only barrier deterring a landlord from giving a tenant a false reason for eviction. For example, if they seek to evict a tenant for "significant renovations or repairs", landlords are not required to provide any quotes, builders' contracts or other documentary evidence. They simply have to write to the tenant, explaining their plans. The government was heavily criticised by the Tenants' Union, Greens and Opposition for "watering down" the protections last year. If you have any information about the story, contact Nick Dole At the time, premier Chris Minns said re-letting exclusion periods would create a big enough financial penalty to deter most dishonest behaviour. If a landlord lied about conducting renovations, they would have to "eat four weeks of rent", the premier said last year. Almost 12 months on, Mr Chanthivong said the relatively low number of fines was a sign of high compliance, not poor enforcement. "The vast majority of people do the right thing," he said.

Landlords hit with $50k in fines amid no-grounds eviction crackdown

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