PART A - Oral questioning and learning activities

You are the property manager at All Rentals Real Estate. A tenancy dispute has arisen; you've made an appointment to meet the aggrieved tenant at your agency to resolve the dispute before it escalates further.

Question 1: For your meeting you want to undertake a mediated problem-solving approach. What steps would this approach include?

Question 2: When you meet with the tenant you discover that they are quite emotional. To diffuse strong emotion what should you consider?

Question 3: During your meeting the tenant exhibits signs that the emerging dispute may escalate. Identify three (3) signs that the dispute is escalating into conflict.

Question 4: During your meeting you're doing your best to deal with the pressure of an emotionally charged aggrieved tenant. What phrases could you use which are non-defensive?

Question 5: In order to approach the resolution of dispute you consider the win/win approach. What strategies does this approach involve?

Question 6: One of your tenants is in rental arrears, you have issued the necessary breaches, which to date remain un-remedied. You have spoken with your client/lessor and they have instructed you to take this matter further.

As the above matter is an urgent situation you can apply to the Tribunal without first lodging a conciliation notice with the RTA (RTA Form 16.)

To complete our QCAT application what Section of the Act would this matter fall under?

Question 7: You are processing a tenancy renewal, you've provided your lessor and tenant with a CMA of what would be a fair market rent. Your lessor has asked for a 12 month fixed term lease at $450.00 per week.

You want to reduce the likelihood of the tenant refusing to accept a particular type of tenancy. To ensure the tenant makes an informed decision, what type of questions could you ask the tenant?

Question 8: You are about to list a tenant on a tenancy database (TICA). You have advised the tenant in writing and given details about the proposed listing.

The tenant does not agree with this listing, what steps can the tenant undertake?

Question 9: Staff debriefing should be carried out following each incident. What steps should the agency undertake to enhance aggression prevention?

PART B - Short answer section

Question 1: When meeting with both aggrieved parties, how can you create an effective opportunity to build personal credibility?

Question 2: You're attempting to minimise the agency's interpersonal, financial and legal exposure caused by disputes. What functions form part of a dispute resolution strategy?

Please provide a brief explanation of each strategy.

Question 3: If aggrieved parties (agent and tenant) are unable to resolve a non-urgent dispute, what service can the parties use and what service will they seek?

Question 4: If the aggrieved parties are still unable to resolve the dispute, the RTA will issue a Notice of unresolved dispute permitting the parties to apply to which venue for a decision?

Question 5: You are meeting with an aggrieved party; during your meeting how would you demonstrate the use of effective negotiation questioning?

Question 6: During mediation you are faced with an aggressive situation. The progress of the mediation stalls through parties raising objections. As the agent what should you do when this occurs?

Question 7: Prior to meeting with an aggrieved party, which particular negotiation approach should an agent consider?

Question 8: If a lessor wants a fixed term tenancy and a tenant wants a periodic tenancy, to assist the lessor to negotiate with the tenant what should the agent consider?

PART C - Case Study Section

Case Study

You are the property manager at All Rentals Real Estate that has property management of a residential dwelling that appears to have been abandoned by the tenant. Lawns are not mown, postal and junk mail is filling the letterbox and rent is in arrears.

There is no sign of habitation and the tenant has not responded to several letters that you have sent in the past few weeks, including an RTA Form 11 Notice to Remedy Breach and Form 12 Notice to Leave for rental arrears.

You have decided that there is sufficient evidence to declare that a property has been abandoned.

Question 1: What notice would you issue to the tenant with respect to the abandoned property and what is its notice period?

Question 2: The tenant is located and disputes the abandonment notice. What procedure should the tenant use to resolve this tenancy dispute?

Question 3: What actions should you undertake with respect to advising the lessor of this dispute?