$50k victory for renters in background checks rort

Renters in New South Wales are receiving refunds after an investigation into improper charges for rental background checks has resulted in almost $50,000 being returned. The investigation, conducted by NSW Fair Trading, found that an online rental application platform had erroneously charged over 2,300 applicants a fee of $19.95 for background checks, despite a law prohibiting such charges.

These refunds highlight the importance of regulatory oversight in protecting renters from unnecessary expenses. Under rental law changes passed in October 2024, landlords and agents in NSW are not permitted to require rental applicants to pay for background checks. The recent case underscores the significance of these protections, ensuring that renters are not burdened with extra costs simply to secure housing.

Following engagement from NSW Fair Trading’s Rental Taskforce, the platform responsible for these charges voluntarily issued refunds and disabled the background check feature for NSW applicants. Additionally, the company committed to periodic reviews to maintain compliance with state regulations. Renters who believe they have been wrongly charged for background checks are encouraged to file a complaint with NSW Fair Trading.

Minister for Better Regulation and Fair Trading Anoulack Chanthivong emphasized the importance of enforcement in the rental market, stating, “These significant prosecutions and punishments show that the message is clear – if you are doing the wrong thing, the Rental Taskforce will catch you and serious legal consequences will follow”

Financial mismanagement

Beyond background check fees, the Rental Taskforce has also been focusing on financial mismanagement within the rental sector. In recent months, several real estate agents have been prosecuted for misappropriating trust funds and rental bonds.

One notable case involved real estate agent Vanessa Nguyen, who was sentenced to a 15-month Intensive Correction Order, including 180 hours of community service, and ordered to pay $80,866.20 in compensation. A NSW Fair Trading investigation found that Nguyen had dishonestly taken more than $100,000 from NSW Rental Bonds and an agency trust account, transferring funds into her personal account on multiple occasions. Similarly, property manager Matthew Rizk and administration assistant Rachel Fares were sentenced for fraud and money laundering related to rental bond misappropriation.

These cases emphasize the importance of oversight in the rental market. Real estate agents are legally required to hold client funds in trust accounts designated for rental payments and bonds, and misuse of these funds carries serious legal consequences.

While regulatory efforts continue to focus on preventing breaches and ensuring compliance, renters are encouraged to remain vigilant and report any suspicious charges or financial discrepancies related to their tenancy.

For those who have been affected by unauthorized background check fees or suspect financial misconduct by landlords or real estate agents, NSW Fair Trading provides resources and a complaints process to help recover funds and address violations.