Articles in Category: Property Management information

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


Entry condition report - agency fined

Sourced from www.rta.qld.gov.au 24th September 2019

Property Management Excellence (PME)  system member offices; refer to PME manual chapter 6, paragraph 6.4 for best practice and legislation advice regarding the entry condition report. Real Estate Excellence members;  please email us  for best practice support on this matter, or any other matter. For more information regarding RTA investigations, click here or visit www.rta.qld.gov.au 

Agent fined over ‘predatorial’ behaviour towards tenants

A Brisbane real estate agency has been fined after preventing a tenant from moving into their new rental home, despite them having signed the lease and paid the rental bond plus two weeks’ rent in advance.

Ray White Annerley was prosecuted by the Residential Tenancies Authority (RTA) after they refused to hand over keys to a Fairfield rental property until the new tenant signed an Entry condition report without viewing the property first.

The Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act) prescribes that the owner/manager must complete, sign and give a tenant a copy of the completed Entry condition report at the start of a tenancy, after which the tenant has 3 days to sign, mark up and return it.

RTA Chief Executive Officer Jennifer Smith said it was essential for all parties to follow the correct process as set out in the tenancy legislation.

“The Entry condition report is designed to protect a tenant from unsubstantiated claims on the bond at the end of a tenancy, and to support a property manager/owner’s claim for compensation if the property is damaged by the tenant,” said Ms Smith.

“A property owner or agent has no right to force a tenant to complete an Entry condition report prior to viewing the property, or to prevent them from accessing their home.

“Where the RTA uncovers these types of offences we will take action.”

In this case, Ray White Annerley told the tenant it was “office policy” to have two Entry condition reports – one of which needed to be signed immediately by the tenant before they could receive the keys. Office staff told the tenant they would keep this report on file in case the tenant failed to return the second report.

When the tenant advised he would not sign the Entry condition report without first viewing the property, Ray White Annerley refused on multiple occasions to give him the keys to his new rental home. He did not receive the keys until the following day, after signing the report as demanded by Ray White Annerley.

The agency pleaded guilty at Brisbane Magistrate’s Court to interfering with the tenant’s reasonable peace, comfort and privacy in using the rental premises by refusing to allow them access to their new rental home, in contravention of section 183(2) of the RTRA Act.

Magistrate Jacqui Payne said Ray White Annerley’s policy to have a tenant sign every single page of an entry condition report prior to viewing the rental property “would be of overwhelming concern to a potential tenant”.

Magistrate Payne noted the concept seemed “particularly predatorial” where an agent should be endeavouring to protect customers’ rights.

Ray White Annerley was fined $1300.

There are 5 reasons to give a notice to leave to tenants

Queensland legislation as at 20th September 2019 (subject to change)

The Queensland Government are proposing to remove the without grounds provision - to read more, click here.

Listen to a short podcast of this blog here.

A common myth in the Queensland property management industry is a notice to leave can be issued for repeated breaches to a tenant during the tenancy. This is not correct. There is no provision for a notice to leave for repeated breaches in the RTRA Act. There is also no provision in the Act for a breach notice to be given for repeated breaches during a tenancy. 

Property Management Excellence (PME) system members are reminded that chapter 18 of the PME system covers the 7 ways to lawfully end a tenancy in Queensland, of which a notice to leave is one of them.

Repeated breaches is covered in section 299 of the RTRA Act and requires an urgent application to tribunal if the requirements set out in this provision are met. Property managers are encouraged to be familiar with this provision and the criterion before an application is made, and or advice provided to lessor clients. 

If your agency is a Member office or a personal individual member of Real Estate Excellence, please contact us as part of membership services for best practice advice and support.

The 5 reasons set out in the RTRA Act to issue a notice to leave for residential tenancies are as follows;

Without grounds (refer to section 291 and 292)

Unremedied breach (refer to section 281)

Contract of sale - periodic tenancies only (section 286)

Agreement frustrated (section 284)

Non compliance with a tribunal order (section 282)

For time frames refer to section 329. 

 Property Management Excellence (PME) system member offices;  chapter 18 of the PME system covers the above in detail for training and development of staff if needed on this matter (any many other matters).

 

RTA investigations - offences and the RTRA Act

During July and August 2019, I presented my usual half day Property Management Excellence education and training events throughout Queensland - www.realestateexcellence.com.au/trainingevents 

Listen to a podcast about RTA investigations here.

 One of the education topics included understanding the role of the OFT, RTA and QCAT. RTA Investigations were discussed as part of the event.

The following information is of utmost importance to licensees and property agents and managers of rental property in Queensland.

If you are a member office of Real Estate Excellence, and require best practice advice and support on this matter, or any other matter, please email us as part of membership services.

Stacey Holt - CEO Real Estate Excellence Academy Pty Ltd

The following information has been sourced from www.rta.qld.gov.au as at 28th August 2019.

Non-compliance with the Residential Tenancies and Rooming Accommodation Act 2008  (the Act) is serious and penalties can include substantial fines and convictions.

In the past 12 months, the RTA has:

  • finalised over 1000 investigations
  • closed six court prosecutions with guilty pleas in all cases
  • issued more than 50 Penalty Infringement Notices, and
  • provided education and awareness to more than 400 people.

The RTA Investigations team actively engages with parties involved in an investigation to provide education and reduce the likelihood of repeated breaches and offences under the Act. Watch a 38 minute training video regarding investigations presented by the RTA via the link below

www.youtube.com/watch?v=u7H9w36TYaI&t=372s 

Investigations

Rent arrears education and training events

One session being held in each area

All upcoming events and special events can be found here.

Rent arrears – Best practice procedures, the law and QCAT, plus changes to RTA bond lodgement and more

Stacey Holt from Real Estate Excellence will present the following property management education and training workshop focusing on the following;

  • Rent arrears – tips on educating tenants to prevent arrears
  • Federal legislation on how many times is acceptable to contact people in ‘debt’
  • Tips on communication with tenants in arrears
  • Best practice procedures for rent arrears
  • Completion of the Form 11 and Form 12 for rent arrears
  • Notice periods for the Form 11 and Form 12 for rent arrears
  • Communication with the lessor tips
  • Rent in advance and the law
  • Repeated rent arrear breaches
  • QCAT application for rent arrears – termination/warrant of possession
  • RTA changes coming to bond lodgement from October 1 2019, and paperless changes from January 1 2020 will also be discussed. 

Sections of the RTRA Act all property managers need to know to properly understand the 'law' and rent arrears will also be discussed during the event. 
Sections
87
96
97
280
281
329
333
293
337
278
299
419
415
416
417

    Bundaberg – Wednesday, 13 November 2019 | Bundaberg Enterprise Centre Register online here

Brisbane North – Tuesday, 24 September 2019 | Kedron-Wavell RSL - Chermside Register online here

Brisbane South – Wednesday, 25 September 2019 | The Glen Hotel – Eight Mile Plains Register online here

Cairns – Wednesday, 23 October 2019 | Shangri-la Hotel Register online here

Fraser Coast – Thursday, 14 November 2019 | Hervey Bay Coat Club Register online here

Gladstone – Wednesday, 30 October 2019 | Yaralla Sports Club Register online here

Gold Coast – Thursday, 3 October 2019 | Parkwood Golf Club Register online here

Mackay - Friday, 25 October 2019 | Ocean International Hotel Register online here

Rockhampton – Tuesday, 29 October 2019 | Rockhampton Leagues Club Register online here

Sunshine Coast – Thursday, 26 September 2019 | Oaks Oasis, Caloundra Register online here

Toowoomba – Wednesday, 2 October 2019 | Clive Berghofer Stadium Register online here

Townsville – Thursday, 24 October 2019 | Mercure Townsville - Townsville Register online here

Registrations for events can be made online register online  (you do not have to use PayPal; you can register online, select to pay by other which is direct deposit or secure credit card link. Once we receive your registration, an invoice is generated within one day (business days) from our accounting system which has the secure link and or banking direct deposit details)  register online  (an online booking fee is charged by the online booking provider). Certificates of attendance are available upon email request after the event and confirmation of attendance. Certificates of attendance are emailed to the attendee in PDF format upon request.

Other option instead of registering online;  email This email address is being protected from spambots. You need JavaScript enabled to view it.  with the name and email address of attendee/s (no booking fee is charged if registration is made via email). All training events are presented by Stacey Holt. A registration ticket and invoice will be emailed to the registered attendees within one day of registration (business days).

Personal Individual membership services - Real Estate Excellence

Queensland property managers personal individual membership

If the agency is member office agency of Real Estate Excellence, personal membership is not needed. For more information regarding office agency membership, click here. There are no lock in contracts as part of Real Estate Excellence membership options.  Please contact us without obligation for the membership agreement and to ask any questions.

Real Estate Excellence - Individual membership

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

  • A monthly property management member 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 per person) 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 consultants, self employed, managers, area/regional managers, department managers,  licensees and or business owners of an agency.

 

  • No other services apply to this level of membership. 

Pricing includes GST.