Issue Date:  -  Friday, 30 March 2001

Rogue landlord fined $1200

The Ministry of Fair Trading has again successfully prosecuted a rogue landlord for not doing the right thing by his tenant.

South Fremantle landlord Richard Henry Bakowski (49) was fined a total of $1200 in the Fremantle Court of Petty Sessions for 13 breaches of the Residential Tenancies Act.

Mr Bakowski was found guilty of offences relating to bond lodgement, rent receipts and failing to give tenants a statutory form explaining their rights and duties. He was also ordered to pay costs totalling $1068.50.

"Mr Bakowski failed to give the tenants of a Fremantle property a correct receipt showing the amount of their bond, then didn't lodge the bond with the bond administrator or a recognised financial institution," said Fair Trading Commissioner Patrick Walker.

"Furthermore, he also failed to formally notify the tenants within 28 days that the bond had been lodged." Bonds are required to be held with either the bond administrator or a financial institution to ensure that at the end of a tenancy, the money can be disbursed with the agreement of both the tenant and the owner. If the parties can't agree, then the matter can be heard before the Small Disputes Division of the Local Court.

Stipendiary Magistrate Michelides told the court that the bond matters were quite serious breaches, particularly as Mr Bakowski had been warned before.

Mr Walker said the Ministry would pursue other private landlords who failed to recognise the legal rights of tenants.

"The Residential Tenancies Act clearly sets down the rights and responsibilities of both landlords and their tenants," he said.

"The main points are easily available to the public, either in free Ministry publications on renting, on Fair Trading's website or as a comprehensive package in the form of the $9.95 Landlord's Handbook published by Fair Trading."

Tenants wanting advice can ring the Fair Trading Call Centre during office hours on 1300 30 40 54 for the cost of a local call. Last year the Call Centre gave free advice to more than 170,000 West Australians.