Articles in Category: Property Management information

Article and information that are of interest to property managers. Note; some articles may be Queensland legislation focused.


PME Property Management Excellence manual (latest version) - part of the PME system

When a chapter of PME is edited and updated, the version date will change below for that chapter affected.

Download the last PME manual version guide here

(The following guides are recommended to print /review for ease of knowing what folder has what content).

DOWNLOAD the PME manual QUICK chapter guide here.

DOWNLOAD the DETAILED PME manual chapter guide here.

The Sales Excellence manual is part of the PME system. 

Click here to review information regarding Real Estate Excellence membership services and benefits.

New tenancy law updates - When the RTRA Act review information is announced by the Queensland Government, all chapters of the PME manual will be updated prior to the commencement of new laws. The information provided as part of the PME system is always up to date and current.  Best practice forms and  online podcast audio training will also be updated as part of the legislative changes. Click here to review information regarding the RTRA Act review.

Real Estate Excellence PME system member offices;  The monthly member update service includes updates to any chapters, best practice form templates and or new best practice forms. Please refer to the bottom of the PME manual chapter (bottom of each page) to check the version guide of each chapter, and or email us if you have any questions and or require support. The chapters are updated often due to QCAT cases, best practice, improvements and or legislation changes. It is important you are using the updated version. 

To access the PME system, login to Member Online. 

Disclaimer

The information provided by Real Estate Excellence is of a general nature only and is not intended to constitute legal advice uner any circumstances.  Individuals should consider their own circumstances before proceeding to rely upon any information provided by Real Estate Excellence.  Whilst care has been taken in best practice advice provided, and the information contained in it has been obtained from sources that Real Estate Excellence believe to be reliable, Real Estate Excellence (including its directors, officers, employees and contractors) does not warrant, represent or guarantee the accuracy, completeness or fitness for purpose of that information. Real Estate Excellence (including its directors, officers, employees and contractors) accordingly does not accept any responsibility, liability, loss or damage whatsoever resulting from the use of the information provided. By using the services of Real Estate Excellence, Clients acknowledge that they have read, understood and accepted this disclaimer of liability. 

Personal invidivual membership - Real Estate Excellence

Queensland property managers

Thank you for your interest in individual membership. Please find details below regarding personal individual membership services. Please contact us to receive the membership agreement. 

Real Estate Excellence - Individual membership

For $99 per month, individual personal membership provides the following benefits;

  • A monthly property management update via email focusing on best practice, compliance and risk management, plus a tribunal case of the month to study for your development
  • Best practice advisory and support service to assist in your career
  • Discounted training (at PME member office rate) for half day and full day special events hosted by Real Estate Excellence – Click here to  view upcoming events
  • Periodic agreements (no lock in contracts) Payments to be made in advance - monthly, quarterly, six monthly or yearly. Credit card, direct deposit options
  • This membership option is not available to licensees and or business owners of an agency.

Pricing includes GST. 

Queensland property management half day training events

Property Management training - the property managers main laws

All training and education events are presented by Stacey Holt, and focus on best practice, compliance (legislation), risk management and time management.

All upcoming events can also be found here and register online here, and or email us names and email address of attendees and the event you wish to attend.

Please review terms and condition prior to booking for events.

Session outline

Stacey Holt will present the following during the event;

The Property Occupations Act and regulations; the main law covering property managers and what all property managers should know including conduct standards

The Agents Financial Administration Act and regulations; the property managers 'second main law' and a refresh of what all property managers should know

Trust account law - important reminders on key operational matters plus end of month and the law

Kickbacks and benefits received from third parties - is your agency disclosing?

Record keeping and the law (including electronic record keeping)

Electronic signatures

The PO Form 6 - best practice and compliance tips

The Privacy Act; key reminders and compliance guidelines

An update of the RTRA Act review.

PLEASE NOTE; if the RTRA Act amendments are released prior to any scheduled event, the session will be changed to cover the amendments. All attendees will receive a study guide book electronically which address the scheduled session.

All sessions 9.30am to 12.30pm with morning tea included.

Bundaberg – Tuesday 20th August 2019 | Bundaberg Enterprise Centre Register online here

Brisbane North – Tuesday 9th July 2019 | Kedron-Wavell RSL - Chermside Register online here

Brisbane South – Wednesday 10th July 2019 | The Glen Hotel – Eight Mile Plains Register online here

Cairns – Tuesday 27th August 2019 | Shangri-la Hotel Register online here

Fraser Coast – Wednesday 21st August 2019 | Hervey Bay Coat Club Register online here

Gladstone – Wednesday 7th August 2019 | Yaralla Sports Club Register online here

Gold Coast – Wednesday 17th July 2019 | Parkwood Golf Club  Register online here

Mackay - Thursday, 29 August 2019 | Ocean International Hotel Register online here

Rockhampton – Tuesday 6th August 2019 | Rockhampton Leagues Club Register online here

Sunshine Coast – Thursday 11th July 2019 | Oaks Oasis, Caloundra Register online here

ToowoombaThursday 18th July 2019 | Clive Berghofer Stadium Register online here

Townsville – Wednesday 28th August 2019 | Mercure Townsville Register online here

 Terms and conditions of events - Please read here or email us prior to booking.

All sessions are subject to change at the discretion of Stacey Holt (Real Estate Excellence) and or cancellation. Registered attendees will be advised of any changes to any event they have registered to attend via the email address used for registration.

Membership information

If you would information about the membership options provided by Real Estate Excellence for Queensland agencies, click here or please contact us

Fasttrack property management training special one day events

All sessions held in Brisbane (Kedron Wavell RSL, Chermside)

 Click here for all upcoming half day training and special events

Special one day events 

Fasttrack Property Management training

Kedron RSL Chermside | 9.00am arrival for 9.30am start | 3.30pm finish - morning tea and lunch included

New and Renew property management training | special one day event | This event was held Friday 14th June 2019 Register online here

A one-day event for property managers with 2 or less years’ experience, and a great refresh for the most experienced property manager. The session focuses on the foundation of property management success, understanding legislation and how to use it, everyday operational property management best practice such as binding a tenant lawfully (including entry condition report and all required documents prior to commencing a tenancy legally) and rent arrears. The best practice completed Form 18a tenancy contract is also provided and discussed.

Experienced property management training | special one day event | Friday 5th July 2019 Register online here

The day is an advanced property management program focusing on legislation surrounding disputes, tips on resolving disputes, water, vacates, plus a quick overview of QCAT when disputes cannot be resolved. The session also focuses on tips for educating, negotiating and communicating with lessors and tenants. The PO regulation conduct standards are also discussed during this event.

Advanced property management training (QCAT) | special one day event | Friday 26th July 2019 Register online here

The one-day event will have expectation of attendee general knowledge of PME Fasttrack for new and experienced property managers. The session focuses on what forms all property managers should know in relation to tribunal, best practice completion of QCAT forms, how to prepare and present an application to tribunal, what legislative sections all property managers should know prior to attending tribunal, plus an overview of QCAT 'case law' and how to find and use the published decisions and appeals in agency practice. A case study for an application for termination for rent arrears and a bond dispute is also covered during this event.

New Business property management training (QCAT) | special one day event | Friday 23rd August 2019 Register online here

This session focuses on what every business development manager and property manager should know. The course is suitable for property managers and BDM's who deal directly with new landlords plus would suit operational property managers who deal with landlords as part of day to day practice. The session includes education and training on the approved PO form, disclosure requirements of the lessor and agency, tips for educating the lessor in future maintenance for their property, termination of managements, handover of files, landlord obligations by law plus the agent/property manager obligations. The main outcomes of the training are to assist all members of the property management department in understanding the law, best practice and risk management obligations of the lessor when they list their property with the agency plus understanding what the agency obligations are.  The session also provides tips on winning the business, scripts and more.

Click here for all upcoming half day training and special events

Non profit affordable housing tenancies and Queensland law

QCAT appeal sourced 28 May 2019 austlii.edu.au

Coast2Bay Housing Group Ltd v Professionals Real Estate Caboolture/Morayfield [2019] QCATA 64 (14 May 2019)

Last Updated: 27 May 2019

QUEENSLAND CIVIL AND

ADMINISTRATIVE TRIBUNAL

CITATION:
Coast2Bay Housing Group Ltd v Professionals Real Estate Caboolture/Morayfield (2019) QCATA 64
PARTIES:
COAST2BAY HOUSING GROUP LTD

(appellant)

v
PROFESSIONALS REAL ESTATE CABOOLTURE/MORAYFIELD
(respondent)
APPLICATION NO/S:
APL328-17
ORIGINATING APPLICATION NO/S:
MCDT402/017
MATTER TYPE:
Appeals
DELIVERED ON:
14 May 2019
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Member Ann Fitzpatrick
ORDERS:
  1. Leave to appeal is granted.
  2. The decision made 5 October 2017 is set aside.
  3. Application number MCDT 402 of 2017 is dismissed for want of jurisdiction.
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where appeal from residential tenancy matter in QCAT’s minor civil disputes jurisdiction – where Residential Tenancies and Rooming Accommodation Act 2008 (Qld) does not apply to a headlease with a non-profit corporation subletting the premises to a person under an affordable housing scheme – where no QCAT jurisdiction

Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 39(1)

Pickering v McArthur [2015] QCA 294

REPRESENTATION:
Applicant:
Self-represented
Respondent:
Self-represented
APPEARANCES:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

[1] The appellant seeks leave to appeal and to appeal a decision made by the Queensland Civil and Administrative Tribunal (‘QCAT’) on 5 October 2017.

[2] The grounds of appeal are that:

      <li "="">(a) QCAT did not have jurisdiction to decide the application by the respondent which was seeking termination of a lease and a warrant of possession pursuant to the
Residential Tenancies and Rooming Accommodation Act 2008
    (Qld) (‘RTRA Act’);<li "="">(b) By s 39(1) of the RTRA Act, the Act does not apply to an agreement relating to the letting of premises entered into by a non-profit Community Housing Provider, funded by the Department of Housing and Public Works, in relation to an affordable housing scheme.<li "="">(c) The appellant is a non-profit corporation funded by the Department of Housing and Public Works subletting premises as part of an affordable housing scheme.<li "="">(d) The tenant was not a party to the minor civil dispute proceedings before the Tribunal. The tenant is the legal tenant at the property located at 1 Tilley Court, Caboolture, however the tenant will not be named in the Warrant of Possession.<li "="">(e) Two other similar matters have recognized the Tribunal’s lack of jurisdiction namely Caboolture Claim T556/12 and T125/16.

[3] The appellant seeks an order that the decision to terminate the tenancy be struck out and that the Warrant of Possession be withdrawn and cancelled.

[4] By decision made 16 November 2017, an Appeal Tribunal ordered that the termination order made, and warrant issued on 5 October 2017, are stayed pending the outcome of the application for leave to appeal or appeal.

[5] The background to this appeal is that the appellant raised in its response and counter application to the original minor civil dispute application by the respondent, that the application should be struck out for want of jurisdiction.

[6] On 28 September 2017 a decision was made by the Delegate of the Principal Registrar of QCAT, to refuse to strike out the initiating application. No reasons were given. That decision was posted to the appellant and received shortly prior to the 5 October 2017 hearing.

[7] The appellant again raised the issue of jurisdiction with the Member at the 5 October hearing.

[8] The Member said that a decision had been made on the issue of jurisdiction and that it was not for him to go behind the decision where there had been no appeal.

[9] The Member did however consider submissions made by the appellant and determined the question.

[10] The Member noted that although the headlease before him referred to dispute resolution in the Magistrates Court, it also makes reference to procedures under the RTRA Act.

[11] The Member concluded that the headlease does not take away the operation of the RTRA Act in the circumstances. He concluded that the tribunal does have jurisdiction to hear the application. The Member made a termination order in relation to the tenancy agreement between the parties and issued a warrant of possession.

Leave to appeal and appeal

[12] By s 142(3)(a)(i) of the QCAT Act, an appeal from a decision made in the Tribunal’s minor civil dispute jurisdiction may only be made with leave of the Appeal Tribunal. Leave to appeal will usually only be granted where an appeal is necessary to correct a substantial injustice and where there is a reasonable argument that there is an error to be corrected.[1]

[13] Questions of jurisdiction are fundamental to the power of the Tribunal to determine matters and for enforcement of decisions. The issue raised by the appellant is serious. The appellant makes a reasonable argument that there is an error to be corrected. Leave to appeal is therefore granted.

[14] Determining the jurisdiction of the Tribunal is a question of law. By s 146 of the QCAT Act the Appeal Tribunal may confirm or amend the decision the subject of the appeal, set aside the decision and substitute its own decision, set aside the decision and return the matter to the tribunal or make any other order it considers appropriate.

Headlease

[15] The headlease comprises Part 1 Schedule and Part 2 Conditions. Part 1 sets out the parties and their addresses; the address of the leased premises, term and rental. The appellant is described as a CRS Organisation. CRS is not defined, but the appellant submits that the headlease was entered into under the Queensland Government’s Transitional Housing (CRS) Scheme.

[16] The headlease authorises the appellant as tenant under the headlease to sub-let the premises to a person pursuant to the CRS Scheme. The headlease provides at clause 30 that if a dispute arises between the head lessor and the CRS, then either party may give the other a Form 11 Notice to Remedy breach. I note Form 11 is a Form prescribed under the RTRA. Clause 30 provides that if a Notice to Remedy breach is not complied with, a party may apply for mediation or determination of the dispute by a Magistrates Court. Clause 33 provides the process by which the headlease agreement may be terminated including the giving of relevant notices to the appellant.

Submissions and findings

[17] The appellant submits that the respondent did not comply with the provisions of the headlease in relation to termination and simply proceeded to seek termination and a warrant for possession from the Tribunal. The method for terminating the lease is said to be contained in the headlease and the Property Law Act 1974 (Qld).

[18] The appellant submits that the Tribunal had no jurisdiction to hear and determine the claim.

[19] The appellant submits that the Tribunal is not empowered to deal with the respondent’s application because no jurisdiction is conferred by the RTRA Act as an enabling Act nor does the Tribunal have original jurisdiction to hear the matter as a minor civil dispute.

[20] In relation to the first argument it is submitted that the appellant falls within s 39(1) of the RTRA Act. The respondent does not make any submission in this regard and in particular does not submit that the appellant is not a non-profit corporation which entered into the headlease for the purpose of subletting the premises to a person under an affordable housing scheme. I am satisfied on the basis of the appellant’s submissions that the appellant is a non-profit corporation which sublet the premises under an affordable housing scheme.

[21] As a result by applying s 39(1) of the RTRA Act, I find that the RTRA Act does not apply to the headlease. It follows that an application for termination of a lease and a warrant of possession pursuant to the RTRA could not be decided by the Tribunal under that Act.

[22] As to whether the Tribunal could deal with the matter as a minor civil dispute under s 11 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’), the Tribunal may exercise its jurisdiction if a relevant person has applied to the tribunal to deal with the dispute.

[23] The respondent does not fall within any relevant part of the definition of ‘relevant person’. The respondent was not seeking a debt or liquidated sum in the claim. Insofar as the respondent might be considered a ‘trader’, the definition excludes a person who lets to a tenant a dwelling for assigning or subletting the dwelling to someone else, as is the case in these circumstances.

[24] The respondent made no submissions in relation to this issue. I find that the Tribunal did not have jurisdiction to hear the matter as a minor civil dispute.

[25] The respondent’s principal argument is that it made application to QCAT in accordance with clause 30(b)(ii) of the headlease. Clause 30(b)(ii) specifically refers to an application to the Court. Court is defined in the agreement to mean the Magistrates Court nearest to the location of the premises. The respondent has misunderstood the agreement and commenced termination of lease proceedings in the wrong jurisdiction.

[26] The appellant makes further submissions that the Tribunal made errors of fact by finding that the respondent had followed the correct procedure in attempting to terminate the lease and evict the tenant. In view of my finding that the Tribunal had no jurisdiction to deal with the respondent’s application, it is futile to make findings in relation to questions of fact determined by the Tribunal. The questions of fact are not matters for QCAT.

Orders

[27] On the basis that QCAT has no jurisdiction to deal with application number MCDT 402 of 2017:
    <li "="">(a) the decision made 5 October 2017 is set aside;<li "="">(b) application number MCDT 402 of 2017 is dismissed for want of jurisdiction.

[1] Pickering v McArthur [2015] QCA 294, [3].