Issue Date:  -  Monday, 30 October 2006

Landlord fined

andlords are being urged to ensure that they are aware of their responsibilities under the law and to take care in dealing with their tenants.

Guiseppe Giorgiante of Cannington and his company Giorgiante Nominees Pty Ltd ran foul of the Fair Trading Act by misstating the identity of the owner of residential premises in a lease agreement. That resulted in a false and misleading representation being made concerning the tenancy and the Magistrates Court fining each party $250 plus costs of $500.

“The defendants did not take any care in completing a lease agreement and misrepresented that the company was the owner. In fact, Mr. Giorgiante and his wife were the owners. This misrepresentation had the potential to cause numerous problems, including in relation to which entity owed obligations to the tenant under the lease,” Consumer Protection Commissioner Patrick Walker said.

The defendants argued that an honest mistake had been made in completing the lease agreement. However under the Fair Trading Act the mistake had to be reasonable in the circumstances to escape liability. The Court found that the mistake was not reasonable as it would have been very easy for Mr. Giorgiante to check which entity was the correct owner of the property.

“Fortunately the tenant did not suffer any detriment as a result of the misrepresentation on this occasion. That is part of the reason why the fines were relatively low, but nevertheless convictions were recorded marking the Court’s disapproval of the conduct,” the Commissioner said.

Consumer Protection produces the publication ‘Renting out your property - an owners guide’ which is available free by telephoning 1300 30 40 54 or by visiting www.docep.wa.gov.au/publications  .