Landlord issues shocking pay-or-evict ultimatum worth tens of thousands
By
Gian T
- Replies 7
Imagine settling into a new place, only to face an unexpected demand that could upend everything before you've even had a chance to settle in.
It might sound far-fetched, but for one renter in Perth, the situation quickly became all too real.
A landlord from New South Wales, who owned a property in the Perth suburb of Ardross, found herself in hot water after demanding a staggering $16,200 from her tenant to cover the first three months’ rent—well before the tenant had even set foot in the property.
But the demands didn’t stop there. About a month before the next rent was due, she insisted on an additional $2,700 in fortnightly rent, sending a text message warning the tenant that if the payment weren’t made, she’d find someone else to move in.
If you’re thinking, 'Hang on, that doesn’t sound right,' you’re spot on.
The landlord’s actions were a clear breach of Western Australia’s Residential Tenancies Act, which is designed to protect tenants from exactly this kind of behaviour.
The law in WA is very clear: landlords can’t ask for more than two weeks’ rent in advance before a tenancy begins.
Demanding three months’ rent upfront is not just unfair—it’s illegal. And it gets worse.
The landlord also failed to properly handle the security bond, which is meant to be lodged with the Bond Administrator at Consumer Protection within 14 days.
Instead, she only lodged $5,400 of the $16,200 bond four months after receiving it and only deposited the remaining $10,800 after legal proceedings had already begun.
To top it off, she was 32 days late in providing the tenant with the required property condition report—a crucial document that protects both parties by recording the state of the property at the start of the tenancy.
The case ended up in the Perth Magistrates Court, where the landlord pleaded guilty to four charges of breaching the Residential Tenancies Act.
She was fined $8,500 and received a spent conviction. Magistrate Donna Webb made it clear that 'ignorance of the law is no excuse' and that landlords have a responsibility to know and follow the rules.
Owen Kelly, the Consumer Protection commissioner, weighed in as well, highlighting how important these laws are—especially in a tight rental market where tenants often have little power to negotiate.
'When tenants have fewer options, they may have little to no power to negotiate with landlords before or during the tenancy,' he said.
'The tenant was also placed under unnecessary financial burden when further rent demands were made before that initial period had expired.'
The rules around rent and bonds aren’t just bureaucratic red tape—they’re there to protect both tenants and landlords.
The 14-day bond lodgement rule, for example, ensures that tenants’ money is safe and can be returned at the end of the lease (minus any legitimate deductions for damage or unpaid rent).
It also protects landlords by providing a transparent legal process for handling disputes.
If landlords ignore these rules, they risk hefty fines, legal trouble, and a damaged reputation.
For tenants, knowing your rights can mean the difference between a safe, secure home and a stressful, uncertain living situation.
If you ever find yourself in a similar situation—being asked for excessive upfront payments or if your bond isn’t lodged properly—don’t be afraid to speak up.
Contact your local Consumer Protection office or Tenants’ Union for advice.
Keep all correspondence in writing, and don’t hand over large sums of money without a proper receipt and confirmation that your bond will be lodged as required by law.
Tips for Tenants:
Have you ever had a landlord make unreasonable demands or been caught in a tricky rental situation? Or perhaps you’re a landlord who’s had to navigate the maze of tenancy laws? We’d love to hear your stories, tips, and advice in the comments below.
It might sound far-fetched, but for one renter in Perth, the situation quickly became all too real.
A landlord from New South Wales, who owned a property in the Perth suburb of Ardross, found herself in hot water after demanding a staggering $16,200 from her tenant to cover the first three months’ rent—well before the tenant had even set foot in the property.
But the demands didn’t stop there. About a month before the next rent was due, she insisted on an additional $2,700 in fortnightly rent, sending a text message warning the tenant that if the payment weren’t made, she’d find someone else to move in.
If you’re thinking, 'Hang on, that doesn’t sound right,' you’re spot on.
The landlord’s actions were a clear breach of Western Australia’s Residential Tenancies Act, which is designed to protect tenants from exactly this kind of behaviour.
The law in WA is very clear: landlords can’t ask for more than two weeks’ rent in advance before a tenancy begins.
Demanding three months’ rent upfront is not just unfair—it’s illegal. And it gets worse.
The landlord also failed to properly handle the security bond, which is meant to be lodged with the Bond Administrator at Consumer Protection within 14 days.
Instead, she only lodged $5,400 of the $16,200 bond four months after receiving it and only deposited the remaining $10,800 after legal proceedings had already begun.
To top it off, she was 32 days late in providing the tenant with the required property condition report—a crucial document that protects both parties by recording the state of the property at the start of the tenancy.
The case ended up in the Perth Magistrates Court, where the landlord pleaded guilty to four charges of breaching the Residential Tenancies Act.
She was fined $8,500 and received a spent conviction. Magistrate Donna Webb made it clear that 'ignorance of the law is no excuse' and that landlords have a responsibility to know and follow the rules.
'When tenants have fewer options, they may have little to no power to negotiate with landlords before or during the tenancy,' he said.
'The tenant was also placed under unnecessary financial burden when further rent demands were made before that initial period had expired.'
The rules around rent and bonds aren’t just bureaucratic red tape—they’re there to protect both tenants and landlords.
The 14-day bond lodgement rule, for example, ensures that tenants’ money is safe and can be returned at the end of the lease (minus any legitimate deductions for damage or unpaid rent).
It also protects landlords by providing a transparent legal process for handling disputes.
For tenants, knowing your rights can mean the difference between a safe, secure home and a stressful, uncertain living situation.
If you ever find yourself in a similar situation—being asked for excessive upfront payments or if your bond isn’t lodged properly—don’t be afraid to speak up.
Contact your local Consumer Protection office or Tenants’ Union for advice.
Keep all correspondence in writing, and don’t hand over large sums of money without a proper receipt and confirmation that your bond will be lodged as required by law.
Tips for Tenants:
- Never pay more than two weeks’ rent in advance before moving in (in WA).
- Make sure your bond is lodged with the Bond Administrator within 14 days.
- Always get a property condition report at the start of your tenancy.
- If you feel pressured or threatened by your landlord, seek help from Consumer Protection or a tenants’ advocacy service.
Tips for Landlords:
- Familiarise yourself with the tenancy laws in your state or territory.
- If you’re unsure, consider hiring a reputable property manager.
- Always provide the required documentation and lodge bonds on time.
- Remember: treating tenants fairly isn’t just the law—it’s good business.
Key Takeaways
- A NSW landlord was fined $8,500 and received a spent conviction after breaching WA’s Residential Tenancies Act during a Perth tenancy.
- The landlord unlawfully demanded $16,200 upfront (three months’ rent) before the tenancy began and later extra fortnightly payments under threat of eviction.
- She failed to lodge the full security bond with Consumer Protection within the required 14 days, only lodging part of it months late after legal action was taken.
- Consumer Protection emphasised that all landlords must know and follow tenancy laws, as ignorance is no excuse, and breaches can leave tenants at financial risk.
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