Perth real estate agency cites ‘fuel costs’ for passing its job over to tenant
A Perth estate agent cited the emerging fuel crisis as a reason to ask tenants to carry out their own property inspections; Western Australia’s consumer watchdog flagged it as a potential breach of consumer law.
In an email seen by this imprint, Davey Real Estate wrote to tenants last month advising them that they should conduct their own routine inspections, which include taking at least 10 photos of every room in a home and must be “new, clear, well-lit and unedited.”
“Due to current fuel supply constraints, routine inspections are temporarily being conducted in a virtual format to reduce travel and promptly identify maintenance concerns while still meeting inspection requirements,” the email said.
“This approach allows inspections to proceed with minimal disruption to tenants during this period.”
Tenants were given a link and deadline to complete the review and a warning that further review would be required if tasks were not completed.
A Consumer Protection spokesperson told this imprint that the request could breach Australian Consumer Law.
“This could be a violation… [for] “An individual alleges that he was unable to provide a service that he was obliged to provide due to the supply of fuel at a time when fuel was readily available in Western Australia,” they said.
“It may be a breach of contract for an agency to charge an inspection fee and not provide the service. [Australian Consumer Law].”
Davey Real Estate did not respond to requests for comment and did not elaborate on whether it had collected its full fee as the property manager.
Fuel prices have risen but supply in the Perth metropolitan area has remained uninterrupted throughout the United States’ war against Iran, and at the time of the email the state and federal governments had announced a fuel tax that would save motorists 32 cents per liter.
At the same time Extra five million liters of fuel sent to Wheatbelt and other regions They were feeling the pain of rising oil prices.
“The property manager must consider whether it is in their clients’ best interests to carry out the property inspection in this way and whether they can continue to carry out their business with due care and skill in accordance with the Estates and Business Agents Act 1978,” a Consumer Protection spokesman said.
“An examination fee will likely be included in the written authorization with the agency.
“Whether the ‘remote inspection’ application made by the tenant gives the agency the right to demand an inspection fee from its customer is determined by the individual contract.
“Agents or lessors should consider seeking their own legal advice.”
