A Perth landlady who illegally changed the locks and carried out renovations of a sick elderly tenants home while she was in hospital has been forced to pay almost $12,000 in fines and court costs.
Marlene Ruzica Pavlovich was found guilty in the Fremantle Magistrates court on June 30 for breaching two offences under the Residential Tenancies Act, which included entering a rental home in North Fremantle without a court order and changing the locks without any reasonable excuse.
The former real estate sales rep from Munster was fined $3000 and ordered to pay $8907 in court costs.
The court heard in February 2015, Ms Pavlovich organised prospective buyers to view the home despite not getting consent from the 87-year-old female tenant Jan Wilson, who was ill in hospital, or the renter's power of attorney who was at work.
Ms Pavlovich then illegally changed the locks, took possession of the property and carried out renovations even though the tenant was still paying rent.
Because the locks were changed the tenant couldn't access the property to get her belongings, so an application was made to the Magistrates Court by the elderly woman's power of attorney so she could do so.
The elderly tenant who had rented the property since 1985 died in June 2015.
Consumer Protection lawyers told the court Ms Pavlovich's "opportunistic actions" caused "unnecessary stress, inconvenience and expense for the 87-year-old tenant who had to purchase personal belongings such as nightwear and medications as a result of not being able to access her rental property."
Acting Commissioner for Consumer Protection David Hillyard said the case highlighted the need for strict laws governing the owner's access to a rental property.
"The laws which control a property owner's ability to access the property while it is subject to a tenancy agreement are necessary in order to give the tenant peace of mind and allow them quiet enjoyment of their rented home without undue harassment by the owner," Mr Hillyard said.
"Being a former real estate sales representative, the landlady in this case had no excuse for not knowing or following the laws that apply in these circumstances and, by breaking the rules, she has caused unnecessary stress and inconvenience to an ill elderly tenant and her carers.
"All owners of rental properties and their agents are required to know the tenancy laws that apply in WA and ensure that they are followed without exception."