Articles in Category: Property Management information

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


Cairns property management training

Venue - Shangri-La Hotel, Pierpoint Road, The Marina, Cairns

24th November 2017 9am to 4pm

This event is being held on the annual THANK A PROPERTY MANAGER DAY!

Pricing includes GST - register by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. name and email address of staff attending

Pricing

Platinum PME and Platinum member office per person $165

Gold/Advisory member office per person $195

Non member office per person $220

3 or more non member office per person (when 3 or more people are registered at the same time) $199

Session plan

The focus of all Real Estate Excellence events is on law, best practice and risk management. Stacey Holt will present the special one day event.

 Topics for the day include;

The new tenancy laws - mimumum housing standards

 The management agreement - what property managers should know plus best practice completion

 The Property Occupations Act - and property management

 Lease renewals - the law and best practice procedures

 Rent arrears - the and best practice procedures

 Vacates - the law and best practice procedures

Self assessment - a Question and Answer reflection assessment (no test and meant to assess yourself for future development

 A workbook will be emailed prior to the session for attendees to print and bring on the day

 Morning tea, afternoon tea and working lunch included - please advise of any special dietary requirements via email to This email address is being protected from spambots. You need JavaScript enabled to view it.

Ballina property management training

Venue - Ramada Hotel And Suites Ballina

 Tuesday 14th November 2017 - 930am to 1.30pm

Pricing includes GST - register by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. name and email address of staff attending

Pricing

NSW PME member office office per person $165

Non member office per person $165

3 or more non member office per person (when 3 or more people are registered at the same time) $135

Session plan

 Stacey Holt will present the interactive workshop focusing the following key operational daily procedures of career property managers. The focus of all Real Estate Excellence events is on compliance (law), risk management, best practice and time management.

* Rent arrears - procedures, the law and best practice

* Maintenance -  procedures, the law and best practice

Time management - how to get the best out of your day

How to be the best you can be using the secret of property management success

* CPD points available  * 

12 NSW CPD points will be provided by Connect Skills Institute (RTO31474)  in conjunction with Select Real Estate Training. (subject to satisfactory assessment).  Additional cost of $55 including GST(optional service)

 A workbook will be emailed prior to the session for attendees to print and bring on the day 

Email us to register manually to save the online booking fee. Please provide names and email addresses of attendees for tickets

Refreshments, tea & coffee and lunch included - please advise of any special dietary requirements via email to This email address is being protected from spambots. You need JavaScript enabled to view it.

Mackay property management training

28th November 2017

 A Q & A Property Managment workshop 

Ocean International Mackay 10am to 1pm - 1 Bridge Road, South Mackay

Pricing includes GST - register by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. name and email address of staff attending

Platinum PME and Platinum member office per person $70

Gold/Advisory member office $80 per person

Non Member office per person $144 per person

3 or more staff from non member office (3 or more register at same time) $99 per person

Session plan

 Stacey Holt will present the interactive workshop focusing on questions that all career property managers should and want to know the answers too. 

 The focus of all Real Estate Excellence events is on law, best practice and risk management.

A great education event for all managers of property and the licensee. Below are some of the questions (and answers that will be discussed).

 A bill has passed in the QLD parliament regarding minimum housing standards and amending section 185 of the Act; lessor obligations. The amendments will be discussed during the training.

Notice periods for termination and reasons to terminate the tenancy 

Issuing notices & time frames?

  • Postage
  • Email
  • Hand delivered

 Notice periods to increase rent

 Termination of management agreements

Smoke alarm compliance 

Pool safety certificates

How do I deal with?

  • Water
  • Solar
  • Phone - NBN
  • Electricity
  • Gas

 Legal Impediment.  The property has a granny flat and the owner wants to lease it separately?

 When a Notice to leave expires how long do I have to apply to QCAT?

 A workbook will be emailed prior to the session for attendees to print and bring on the day

  Refreshments, tea & coffee included - please advise of any special dietary requirements via email to This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Landlord ordered to pay tenant compensation

NCAT tribunal (NSW)

Consumer and Commercial Division - Residential Tenancies - Violet v Ghaderi-Araghi

Judgment of: A P Coleman SC, Senior Member; R C Titterton, Senior Member 

Summary: The Appeal Panel dismissed an appeal from the Tribunal below, holding that damages for non-economic loss are available to a tenant for loss of enjoyment of premises in circumstances where the tenant has been unlawfully “locked out” of their rental premises. 

The Tribunal at first instance found that the landlord had unlawfully locked out the tenant, in breach of the parties’ residential tenancies agreement and s 120 of the Residential Tenancies Act 2010 (NSW). It ordered that compensation be paid to the tenant for his loss of enjoyment of the premises in accordance with the Supreme Court’s decision in Tralee Technology Holding Pty Ltd v Yun Chen [2015] NSWSC 1259. The landlord appealed the decision on several grounds, including that the Tribunal had misapplied Tralee and that the Tribunal did not provide adequate reasons for its decision. In relation to the landlord’s first ground of appeal, the Appeal Panel summarised (at [32]-[33]) the Court’s decision in Tralee, holding (at [35]) that it had been correctly applied by the Tribunal below. In Tralee, the Court held (at [61]-[62]) that although provisions of the Civil Liability Act 2002 (NSW) applied to claims for damages for distress, anxiety or disappointment, those provisions did not apply to claims for damages for non-economic loss arising from a loss of enjoyment of property. Accordingly, the Appeal Panel held (at [34]) that, applied to the present proceedings, the effect of Court’s decision (at [61]-[62]) was that “damages for non-economic loss are available for a loss of enjoyment of the premises”. In relation to the landlord’s second ground of appeal, the Appeal Panel held (at [39]) that the Tribunal provided adequate reasons for its decision to award compensation. In doing so, the Appeal Panel summarised (at [37]) the Court of Appeal’s discussion in Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 at [56]ff on the duty to give adequate reasons for decisions as follows: “(1) A trial judge’s reasons (here the Tribunal’s) must, “as a minimum ... be adequate for the exercise of a facility of appeal”: Soulemezis v Dudley (Holdings) Pty Limited (1987) 10 NSWLR 247; Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430; (2) A superior court (here the Appeal Panel), “considering the decision of an inferior tribunal, should not be left to speculate from collateral observations as to the basis of a particular finding”: Soulemezis; (3) The extent and content of reasons will depend upon the particular case under consideration and the matters in issue: Mifsud v Campbell (1991) 21 NSWLR 725; Hull v Thompson [2001] NSWCA 359; (4) While a judge is not obliged to spell out every detail of the process of reasoning to a finding: Yates Property Corporation Pty Limited (In Liq) v Darling Harbour Authority (1991) 24 NSWLR 156; it is essential to expose the reasons for resolving a point critical to the contest between the parties: North Sydney Council v Ligon 302 Pty Ltd (1995) 87 LGERA 435; (5) The reasons must do justice to the issues posed by the parties’ cases: see Moylan v Nutrasweet Co [2000] NSWCA 337. Discharge of this obligation is necessary to enable the parties to identify the basis of the judge’s decision and the extent to which their arguments had been understood and accepted: Soulemezis (at 279) per McHugh JA.” Furthermore, in relation to the quantum of compensation awarded, the Appeal Panel, citing Planet Fisheries P/L v La Rosa [1968] HCA 62; (1968) 119 CLR 118 and Carson v John Fairfax & Sons Ltd [1993] HCA 31; (1993) 178 CLR 44, observed (at [42]) that, although previous decisions may be useful as a guide to prevailing community standards, the Tribunal must consider the individual circumstances of each case in awarding compensation. Accordingly, the Appeal Panel held (at [43]) that “the award of $2,000 was an appropriate amount of compensation to order and within the range of relevant legal decisions and within the community’s expectations.”

The above information has been sourced from NCAT Appeal Decisions Digest June 2017 edition

Click here to read the decision in full.

Rent bidding apps - be careful Queensland

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The following information has been sourced from the Property Management Excellence PME manual (which is part of the PME system).

4.2 Rent must be advertised at a fixed amount

The RTRA Act requires that rent be advertised at a fixed amount (section 57). Words such as negotiable and price ranging are prohibited. Tenants may wish to make an ‘offer’ however,  property managers cannot encourage or solicit offers from prospective tenants.

If tenants indicate that they want to offer another price, property managers are encouraged to advise the tenant to ‘put their preferred terms forward’ and as the agent for the owner, the lessor will be provided all applications for consideration. Property managers should not discuss price (other than the listing price) with the tenant or any other party, other than the lessor.

57 Premises must be offered for rent at a fixed amount

 

(1) A lessor or lessor’s agent must not advertise or otherwise offer a residential tenancy for premises unless a fixed amount is stated in the advertisement or offer as the amount of rent for the premises.

Maximum penalty—20 penalty units.

(2) A lessor or lessor’s agent must not accept a rental bond from the tenant of premises if the residential tenancy for the premises was advertised or offered without stating a fixed amount of rent for the premises.

Maximum penalty—20 penalty units.

(3) A person does not contravene this section merely by placing a sign on or near premises advertising or offering a residential tenancy for the premises without stating the amount of rent for the premises on the sign.

Rent auctions – source www.rta.qld.gov.au

Rent auctions (also known as rent bidding) are where prospective tenants are asked to bid on how much rent they will pay. Rent auctions are illegal but could occur in isolated cases.

In Queensland, a property being advertised for rent must advertise a fixed price. A lessor/agent may not advertise a rent range, put a property up for rent auction or ask for offers.

Tenants and lessors are able to negotiate the amount of rent to be paid.

Fast facts

  • Failing to advertise a fixed price is an offence.
  • The agent does not have to display the price on a ‘for rent’ sign at a property.
  • Lessors/agents are not obliged to inform tenants of another tenant’s offer.
  • A tenant who believes a lessor/agent has exhibited deceptive or misleading behaviour may complain to the Office of Fair Trading (OFT), the Australian Consumer and Competition Commission  (ACCC) or the RTA.