A Sunshine Coast landlord has been found guilty of entering a tenant’s home without their knowledge or permission.

A self-managing landlord was prosecuted by the Residential Tenancies Authority (RTA) at the Maroochydore Magistrates Court on 31 January 2020. The landlord was ordered to pay a $1,350 fine relating to the penalty infringement notice issued to, and contested by the landlord, as well as legal costs totalling $2,598.50.

Magistrate Rod Madsen heard that the landlord did not provide an entry notice to the tenant and had accessed the rental property while the tenant was not on the premises. The tenant was only later informed by their neighbour of the landlord's entry.

In his decision, Magistrate Madsen commented on how, that as a landlord with over 11 years of experience, they had shown an understanding of their legal obligations as a self-managing landlord.

Magistrate Madsen said the landlord’s decision to give a different tenant an entry noticed showed that they did have an understanding of the obligation to provide an entry notice. The tenant had personal belongings in the property and Magistrate Madsen said she ‘understandably was greatly upset’ by the landlord entering her property ‘without her prior knowledge or consent on any basis’.

RTA Chief Executive Officer Jennifer Smith said there would be consequences for offenders who disregard the Residential Tenancies and Rooming Accommodation Act 2008.

'Unlawful entry is a serious offence, and the rules of entry and required notice periods are set out clearly in Queensland tenancy laws to protect the rights and privacy of everyone involved,' Ms Smith said.

'When a penalty infringement notice (PIN) issued for an offence is contested, the matter goes to trial in the magistrates court where rules of evidence apply.

'If the offender is found guilty, it can lead to a heavier fine, and in some cases, even a criminal conviction.'

Learn more about the RTA investigations and offences that attract a penalty under the Act.