Assured Rent, Britney Kraus in compliance undertaking after multiple complaints, fines

A Sydney real estate and property management agency that has generated more than 170 complaints will be subject to strict compliance monitoring after a long-running investigation.

A Sydney real estate and property management agency will be subject to strict compliance monitoring after generating more than 170 complaints from tenants and clients.

Britney Kraus and her company Assured Rent Real Estate have agreed to abide to an enforceable undertaking following a long-running investigation by Fair Trading NSW.

The compliance action was taken following multiple inspections of the Campbelltown-based business which identified property management issues including failing to lodge rental bonds.

The enforceable undertaking will require Ms Kraus and Assured Rent Real Estate to report quarterly to Fair Trading referencing details of all complaints received.

Records show the company has been subject to at least 171 complaints since 2017 – the majority of which related to property management issues – the core business of its operations.

Britney Kraus is the licensee and director of Assured Rent Real Estate.

Ms Kraus – the licensee and director of the agency – has generated at least 91 complaints over the same period including 10 complaints between February and June this year.

The complaints have led to formal inspections of the business by Fair Trading NSW and Ms Kraus has been issued six fines for failing to lodge rental bonds, as well as further infringements for failing to complete trust account trial balances and contravening rules of conduct.

The complaints lodged to Fair Trading NSW have included clients not receiving documents, funds withheld from landlords and clients not receiving rental payments.

The business is based in Campbelltown. Photo: Google Maps.

The complaints have also included failing to pay bills including water and strata bills, not responding to correspondence, faulty or missing keys, loss of rental income and not releasing landlords from managing contracts upon request.

Ms Kraus and Assured Rent Real Estate have acknowledged their contraventions of the Property and Stock Agents Act as part of the enforceable undertaking.

In a statement, Ms Kraus said she was obtaining advice concerning potential amendments and revision to the undertaking, claiming the “facts, matters and circumstances set out within it do not accurately reflect the factual background of the matter”.

She claimed the majority of complaints were linked to members of a Facebook group which is described as offering a forum for “victims” of Assured Rent including tenants and landlords who have dealt with the company.

“A majority of the people that made a complaint to our office had their complaint dealt with and then after we dealt with their complaint, still made a complaint directly with Fair Trading,” she said.

“We believe they are internet trolls attempting to unfairly cause maximum collateral damage to our business.

“Assured Rent strive(s) to provide a high standard of operation (and) are complying with the terms of the undertaking.

“In our office, we offer unique guarantees for landlords so that they feel confident in choosing our services.

“This ensures that we attempt to find the most suitable tenants for their property and conduct our necessary checks because if we do not the rent may fall on our agency to pay.”

Britney Kraus has been subject to complaints lodged to Fair Trading NSW.

NewsLocal has spoken to past tenants of properties managed by Ms Kraus.

Kayla Ross, a mother of three who rented a home in the Macarthur region, claimed she had to organise and pay for a plumber to repair faulty pipes that flooded her kitchen after delays in having repairs responded to by Assured Rent Real Estate.

Troy Holmes claimed he was unable to have repairs and maintenance issues responded to as well as having a phone and internet line connected to the property.

The enforceable undertaking will require Assured Rent Real Estate and Ms Kraus to maintain full compliance with all the provisions of the Property Stock Agents Act and the Residential Tenancy Act.

It will require Ms Kraus to report quarterly to NSW Fair Trading referencing details of all complaints received, including who made the complaint, the nature of each complaint, the action taken by the business, and the date the complaint was resolved.

A Fair Trading spokesman said failure to comply with the order could result in further enforcement action.

“An enforceable undertaking is a legally binding agreement, wherein the person/business agrees to comply with the terms and conditions of the undertaking,” he said.

“As part of the enforceable undertaking, the licensee committed to ensure its compliance with all provisions of both the PSA Act and the Residential Tenancy Act.”

Ms Kraus was fined $4000 as part of the enforceable undertaking which will remain in place until September 2024.