Perth landscaper fined for illegal deposit and failure to deliver
A Perth landscaper has been fined $3,071 after failing to abide by home building contract laws, including accepting a deposit almost 10 times the maximum amount.
Rory Mayo-Hopkins, trading as RMH Paving & Synthetic Lawn in 2024, entered a written guilty plea for failing to execute landscaping work and accepting a deposit 10 times higher than the legal amount.
Mayo-Hopkins was sentenced at Midland Magistrates Court on 15 May by Building and Energy, according to the Department of Energy, Mines, Industry Regulation and Safety.
The court heard that Mayo-Hopkins failed to carry out paving and lawn duties he was hired for despite the home owner paying thousands in advance.
Mayo-Hopkins was paid $5,470 – 61 per cent – ahead of the landscaping work valued at $8,900, but he did not carry out the tasks.
Under the Home Building Contracts Act 1991, a maximum deposit of 6.5 per cent is enabled prior to residential building work valued at or over $7,500.
The building service provider is also required to give the home owner a notice outlining their contractual rights, which Mayo-Hopkins also failed to do.
Magistrate Mark Millington ordered Mayo-Hopkins to pay a $1,500 fine for the excessive deposit, a $1,000 fine for the missing notice, and $571 in costs.
Millington also confirmed that Mayo-Hopkins no longer worked in landscaping.
The Building and Energy department had also previously issued a home building work contract remedy order requiring Mayo-Hopkins to refund the home owner’s deposit.
Building commissioner Peter Stewart said the deposit limit is in place to protect consumers, lessening the financial impact if the work is insufficient or incomplete.
Stewart said that consumers must be careful when entering into contracts with building contractors and ensure they are up to date with the legislation.
“It is also important to have the correct contractual documents in the event of issues with a home building project, such as in this case,” he concluded.