Identify legal and ethical requirements of property management to complete agency work

PART A - Oral questioning and learning activities

Please consider and complete the following tasks in the space provided. The assessment tasks in Part A may also be assessed verbally by your trainer or tutor as part of your progressive assessment of competence during contact classes or as part of your distance education tutoring. The assessor will indicate in the rig ht hand column if your response is satisfactory as a guide.

Question 1: Explain in your own words who is the client and who is the customer and what your responsibilities are to both parties if you have been appointed to let and manage a residential property?

Question 2: Review Part R of the PO Form 6 Schedule and explain what this section relates to and why the agent is seeking the client's consent.

Question 3: When a tenant vacates a residential tenanted property, the property manager will complete an exit condition report. Explain the process in relation to the property manager finalising the bond. You answer is to include information relevant to the process if the tenant disputes the bond claim.

Question 4: Explain the lessor's obligations at the start of the tenancy and the type of information you would provide to an owner so they are aware of their obligations.

Question 5: Explain the RTRA Act process a tenant could follow if an owner did not agree to have an inclusion repaired during the course of the tenancy agreement.

Question 6: Explain why real estate agencies need to adopt strict control systems and procedures relating to the keys held for the properties under their management.

PART B - Short answer section

Please consider and complete the following tasks in the space provided. The assessor will indicate in the right hand column if your response is competent.

Question 1: You are a property manager employed by REIQ Realty. You regularly attend the weekly office sales meeting to explain residential tenancy requirements. In your own words describe the two types of residential tenancy agreements in Queensland. Your answer must include the RTRA Act termination notice period requirements, including the correct statutory form, for both the lessor and the tenant to end the tenancy "without grounds".

Question 2: REIQ Realty manages in excess of 600 residential and commercial properties. When sales staff and or maintenance contractors are authorised to access the office set of keys they have implemented a tracking system to ensure the keys are accounted for. Explain two complimentary systems which will assist REIQ Realty in accounting for the keys.

Question 3: The owner of a residential property currently tenanted and managed by REIQ Realty contacts the office to advise he is listing the property for sale through ABC Realty.

Explain the RTRA Act provisions relating to the completion and issuing of the following forms for both the managing agent and the secondary agent.

Question 4: If a dispute arises between a managing agent and a tenant regarding a residential tenancy matter explain the RTA process to assist in resolving the dispute and the correct RTA Form used to initiate this process.

You are to refer to the following completed PO Form 6 and Form 18a to answer the following questions (Q5-Q14).

NOTE: Your answer must mention the parts of the PO Form 6, schedule and essential terms and conditions and/or the Form 18a you would refer your client or customer to in order to be deemed competent.

Question 5: Simon and Jean Masters are happy you have rented their property. They receive their first rental statement and do not agree with the $350.00 deducted for advertising.

Did REIQ Realty have authority to deduct $350.00 for advertising?

Question 6: The Masters then notice an amount of $1,496.00 has been taken from the rent for which they don't think they knew about.
How would you respond to the Masters' query?

Question 7:

The Masters can't remember if their tenants are going to pay for water usage:

What is the instruction the Masters gave REIQ Realty and where will you find this on the PO Form 6?

Question 8:

Have the instructions identified in Question 7 been followed in completion of the Form 18a Tenancy Agreement? Where could they find this out?

Question 9:

Next month the Masters contact your office very annoyed $250.00 has been deducted from the rental funds for a plumbing account. They do not believe they ever agreed to the agency organising and paying for repairs without contacting them first.

How would you respond to this query?

Question 10:

The Masters decide they will manage the property themselves. They advise the agency they will be terminating the agreement in the next 14 days and will be at the office to collect all the paperwork.

Explain the Masters and REIQ Realty's requirements for the termination of the PO Form 6.

Question 11:

The tenants of the property, Adrian and Angela Oliver contact your office in August 2015 advising they may need to vacate the premises, they are thinking of buying a house. They have been told they only have to give 2 weeks' notice.

Explain to the Olivers their legal obligations under the terms of the tenancy agreement they have entered into, and which sections of the Form 18a Tenancy agreement you would draw their attention to.

Question 12:

You notice the Olivers are behind in rent. Your agency issues a RTA Form 11 Notice to remedy breach, by post to the address of the rental premises. You contact the Olivers by phone to discuss the rent arrears situation. They state they never received the RTA Form 11, it should have been posted to a P 0 Box which they told you about.

How would you respond to this statement based on the signed tenancy agreement and the address for service indicated on the agreement?

Question 13:

The Olivers are still considering vacating. They send you an email and state they have been advised they will not have to have the carpets professionally cleaned as it isn't part of the standard terms of a tenancy agreement.

Note: The Masters provided REIQ Realty with a tax invoice at the commencement of the tenancy confirming the carpets had been professionally cleaned.

How would you respond to this email based on the special terms included in the Realworks version of the Form 18a signed by the Olivers?

Question 14:

After the Masters receive a copy of the Tenancy Agreement via email, they contact the office and state they never agreed to tenants being allowed to have pets.

How would you respond to Mr and Mrs Master? Where would you look to find their original pet instructions?

Attachment:- Legal and ethical requirements.pdf