Vicki Evans  0415 277 447  info@e-propertymanagement.com.au      Ronda Perkins  0423 453 982  bdm@e-propertymanagement.com.au

Lessors Listing Booklet

Welcome to our Agency

e property Management is an agency on the coast that is Property Management ONLY, making us experts in our field. We pride ourselves on honest communication and being transparent, with an on-line portal that allows owners to view their account and maintenance 24/7. We cap the number of properties per property manager so that you will receive the customer services that you deserve.

With the responses we are receiving from our landlords we are offering a better overall management service than any other office in town. We have a rigorous tenant application and selection process. We don’t make it hard for prospective tenants to apply, but we do insist on the application being complete so we may thoroughly check the information and references. We also subscribe to a National Bad Tenant Register Database. It is our belief that a trouble free tenancy originates from proper and careful tenant selection.

We understand that owners rely on, and rightly expect, rental payments to be made on time. We therefore have a ‘Zero Tolerance for Rental Arrears’ policy. We process rents every business day and act immediately upon detection of arrears. We understand there can exist a legitimate reason for late rent and in this instant we will tightly manage the situation so rent payments catch up. Owners will always be advised promptly if the situation becomes an issue. We are members of a debt collection agency, which has greatly contributed to our 100% of tenants paying rent on time, every time.

A vacant property is costly. To eliminate or minimise vacancy periods our properties are photographed and advertised on all leading real estate rental internet portals. Other forms of media is discussed on a case by case basis. Each vacant property is daily managed and the ongoing progress and recommended solutions are regularly communicated with the owner.

All of the properties under our management receive regular quarterly inspections. Each property is thoroughly inspected and compared with previous inspections and post tenancy photographs. Breaches of the Tenancy agreement and any damage or maintenance issues are communicated to the owner in the written report sent. Tenants are advised of any unacceptable situation and the remedy required and when necessary, the property is reinspected in line with legislation to ensure the situation is rectified.

We believe our success, evolved from ongoing industry training, guidance from property management experts and our own many years of hands on experience will allow us to assist you with the ongoing management of your property.

Our Team and Our Services

Vicki and Marc Evans – Business Owners

Proprietors Vicki and Marc are hands on business owners who draw on their personal experiences as both owners and tenants of property in Australia and the UK.
Their policy is to provide all clients with a standard of service that is second to none. They are passionate about making sure that their clients experience with e Property Management is the best.
In order to ensure the highest quality of service Vicki & Marc manage the e Property portfolio on a day to day basis. This ensures that service is up to the high expectation of the owner.

What do we do for our management services?

Our agency manages the tenancy relationship and relevant tenancy matters on your behalf. Below are some of the main services we carry out on your behalf as your managing agent;

Showing your property – Organising inspections to show the property to prospective tenants.

Advertising your property – Using resources such as real estate websites and our in house agency ‘rent list’

Processing tenancy applications – Verification and assessment of the tenants ability to pay rent and ability to care for the property.

Lodging rental bonds to the Government Authority (RTA) on your behalf – It is a legal requirement that rental bonds paid by a tenant be paid to the RTA (Residential Tenancies Authority) within 10 days of monies being received. Bonds can be no more than 4 x the weekly rent if the rental weekly value is $700 per week or less. If the rental property is over $700 per week, the bond total amount is not limited and is negotiable between the parties.

Completion of the required tenancy documents to commence the tenancy on your behalf

  • The RTA Form 18a – the General Tenancy Agreement. This must be given to the tenant prior to monies being taken.
  • The RTA Form 1a – the entry condition report. One copy must be provided to the tenant on or before the day they take possession. The tenant has 3 days in which to sign and return a copy with any additional comments. We will forward a copy to you for your records and discuss any matters if applicable.
  • The RTA Form 17a – the Information Statement. A booklet provided by the RTA that we on your behalf a required to provide to tenant when giving the agreement for signing (a copy is provided as part of this proposal package).The booklet is required by law to be given to tenants when the agreement is given for signing.
  • Body corporate by-laws (if applicable)
  • Trust account receipt for rent and bond monies paid
  • RTA Form 2 – bond lodgement form

Accounting on your behalf

  • Payment of invoices for maintenance and other instructed matters
  • Disbursement of rental trust funds

Rent arrears

  • Daily rent arrears administration and monitoring
  • Issuing of required statutory notices as required and if applicable

Maintenance negotiation

  • Notifying the lessor of maintenance (as per management agreement instructions)
  • Communication with the tenant
  • Organising a suitable contractor
  • Providing a work order to the contractor
  • Following up as required
  • Payment of invoice
  • Accounting to the lessor accordingly

Tenancy renewals and negotiation

  • Contacting the lessor to verify instructions such as to renew the lease or to provide notice to the tenant to vacate
  • Making the renewal lease offer to the tenant
  • Negotiating rent increases if applicable
  • Following up the tenant
  • Tenancy paperwork – a new Form 18a – General Tenancy Agreement
  • Lodging bond increases if there has been a rent increase upon renewal

Carrying out general routine inspections during a tenancy

  • Issuing the required RTA Form 9 entry notice allowing the required statutory time frame
  • Carrying out the inspection
  • Completing the best practice inspection report and providing it to the lessor
  • Following up tenants or the lessor as required and if necessary

Carrying out the final inspection

  • Statutory and best practice letter and procedure requirements
  • Inviting the tenant to the final inspection
  • Carrying out the final inspection to ensure that the property is returned in the same condition as it was found – except for fair wear and tear as per standard term 37 of the General Tenancy Agreement (section 188 (4) of the RTRA Act). There is no legal definition for fair wear and tear. It is important to consider and take into account what will occur at the property with normal living conditions. The property may not be kept in the same condition as it was when it was first rented and as you have last seen it as over a period of time usual aging and deterioration will occur. Our reports will keep you informed of the properties natural progression and any matters that are deemed damage and not wear and tear will be discussed with the lessor, negotiated and managed by us with the tenant on your behalf.

Condition premises must be left in – s 188(4)

At the end of the tenancy, the tenant must leave the premises, as far as possible, in the same condition they were in at the start of the tenancy, fair wear and tear excepted. Examples of what may be fair wear and tear – wear that happens during normal use changes that happen with ageing

  • Negotiating any outstanding items such as cleaning with the tenant that may be required to be undertaken to return the property in accordance with the entry condition report.
  • Negotiating and coordinating the bond refund with the tenants in liaison with the lessor.

The management agreement

We are required to enter into a management agreement with clients before any services can be carried out. The agreement is an exclusive contract with our agency. The agreement sets out both parties obligations under the management agreement and our agency fees. When the agreement is signed and dated by all parties, our agency provides you with a copy.

The agreement can be ended by written notice by either party giving 30 days’ notice, or if both parties agree, an earlier period.

Lessor/Landlord Obligations

Common law and Queensland legislation requires that landlords (referred to as the lessor in the Residential Tenancies and Rooming Accommodation Act 2008 Qld – the RTRA Act) provide a property that is safe, clean and fit for the tenant to live in. Lessors are further required to ensure that the property complies with all relevant health and safety laws and is generally free from risk or harm. If inclusions such as dishwashers and air conditioners are included in the property they must be maintained accordingly.
Lessors are required and encouraged to disclose all material facts and relevant information to their agent about the property and property history. Some of these material facts may be required to be passed onto to the tenant. This may include for example that the property is heritage listed, a natural or unnatural death occurred at the property in the past (if known), there is an easement which allow the energy company access to the rear of the yard or any other relevant matter.

Please refer below to the legislative requirements for lessors generally;
185 Lessor’s obligations generally

(1) This section does not apply to an agreement if—
(a) the premises are moveable dwelling premises consisting only of the site for the dwelling; and
(b) the tenancy is a long tenancy (moveable dwelling).
(2) At the start of the tenancy, the lessor must ensure—
(a) the premises and inclusions are clean; and
(b) the premises are fit for the tenant to live in; and
(c) the premises and inclusions are in good repair; and
(d) the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises.
(3) While the tenancy continues, the lessor—
(a) must maintain the premises in a way that the premises remain fit for the tenant to live in; and
(b) must maintain the premises and inclusions in good repair; and
(c) must ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and
(d) if the premises include a common area—must keep the area clean.
Editor’s note—
See section 217 (Notice of damage) for the tenant’s obligations to notify
the lessor about damage to premises and the need for repairs.
(4) However, the lessor is not required to comply with subsection (2)(c) or (3)(a) for fixtures attached to premises, and inclusions supplied with premises, (the non-standard items) if—
(a) the lessor is the State; and
(b) the non-standard items are specified in the agreement and the agreement states the lessor is not responsible for their maintenance; and
(c) the non-standard items are not necessary and reasonable
to make the premises a fit place in which to live; and
(d) the non-standard items are not a risk to health or safety;
and
(e) for fixtures—the fixtures were not attached to the premises by the lessor.
(5) In this section—
premises include any common area available for use by the tenant with the premises.

Body Corporate By-Laws (if applicable)

If your investment has body corporate by-laws, a copy of the by-laws is required to be provided to our agency prior to the property being let to tenant. Section 69 of the RTRA Act requires that by-laws be provided to tenants when the agreement is given to the tenant for signing.

69 By-laws

If by-laws under the Body Corporate and Community Management Act 1997 or Building Units and Group Titles Act 1980 are to apply to the occupation of premises by a tenant, the lessor or lessor’s agent must give the tenant a copy of the relevant by-laws, when giving the written agreement to the
tenant for signing.

Maximum penalty—20 penalty units.

Pest Control

It is a contractual term of the management agreement that lessors have their investment property treated for general pest control annually or as required. This pest control is generally for spiders, cockroaches, silverfish and ants.

Title Search

As part of listing your property with our agency, a title search is required to be carried out to verify ownership and the property description. The title search is charged to the owner at cost (for reimbursement) and of course, you as the owner receive a copy of the search that is carried out by our agency and we retain a copy for our records with the management agreement. It is important particularly that the ownership is verified and the correct names are demonstrated on the management agreement, the tenancy rental agreement and the trust account statements.

Legal Impediment

It is recommended that if you have a mortgage over the property that disclosure is made to the mortgagee regarding the property being an investment. It is further recommended to advise any relevant insurance companies also that the property is a rental investment.
All rooms, gardens sheds or decks etc. should be approved by the appropriate authorities. For example the Building Code of Queensland states that
A garage is classified in the BCA (Building Code of Australia) as non-inhabitable building. To use or convert a garage to a habitable room, building approval is required and will have to comply with the standards outlined in the BCA Volume 2. For e.g. a minimum room height is 2.4m for a habitable room.
This also extends of course to all facets of the property having appropriate approvals and if applicable local council registration.
The RTRA Act (Qld) sets out that the lessor must ensure that there is no legal impediment to the property.
181 Legal impediments to occupation as residence

(1) The lessor must ensure there is no legal impediment to occupation of the premises by the tenant as a residence for the term of the tenancy.
(2) Subsection (1) applies only to legal impediments the lessor knew about, or ought reasonably to have known about, when entering into the agreement.

Vacant possession requirements

It is a requirement under the RTRA Act that the tenant is provided vacant possession of the premises on the day they become lawfully entitled to occupy.

It is strongly recommended that complete possession of the property be given; meaning that sometimes lessors may consider using a part of the property to store personal belongings etc. This is fraught with danger and risk in the event particularly of fire, theft or burglary. It is recommended that storage of your own belongings not be kept at the property and are removed.

Please seek insurance advice if you choose to leave some personal belongings behind at the property.

182 Vacant possession

(1) The lessor must ensure the tenant has vacant possession of the premises on the day the tenant is entitled to occupy the premises under the agreement.
(2) Subsection (1) does not apply to any part of the premises to which the tenant does not have a right of exclusive occupation.

Tenant Selection and Discrimination

Tenancy Application Forms

Our agency has a strict tenancy application process. All applicants must complete our best practice application form (a copy is available upon request) and provide 100 point identification, proof of income, personal references and proof of previous living arrangements. We verify the applicant’s details as part of application processing process and will discuss all tenancy application offers with you. What we are seeking from the tenant on your behalf is sound evidence of the following;

  • The applicants’ ability to pay the rent for the property; and
  • The applicants’ ability to care for the property.

Please note that the RTRA Act allows for a minor (a person under the age of 18) to apply for a property in their own right. Of course, as with all applicants, minors would be assessed the same ways as adults with appropriate and sufficient evidence of meeting the criterion mentioned above will be taken into consideration.

Discrimination Law

Queensland Discrimination law states that it is unlawful to discriminate against people with the following attributes; The Anti-Discrimination Act 1991 says that it is against the law to discriminate against people because of their:

  • family responsibilities
  • sexuality
  • gender identity
  • sex (whether they are female or male)
  • relationship or parental status (whether they are married, single, widowed, divorced, separated or living with someone as if they were married (de facto, including same sex de facto), and whether they have children or not)
  • race
  • age (whether they are young or old)
  • impairment (whether they have or have had a physical, intellectual, psychiatric or mental disability, injury or illness, including whether they are HIV+, or use a guide dog, wheelchair or some other remedial device)
  • religious belief or activity
  • political belief or activity
  • trade union activity
  • lawful sexual activity (a lawfully employed sex worker)
  • pregnancy or breastfeeding
  • association with or relation to someone who has any of these listed attributes or personal characteristics

Whilst we understand that your investment is your property, it is against the law for our agency to accept illegal instructions based on the above attributes. It is however not unlawful to state how many people you wish to live at your property, whether you allow smoking or if you allow pets (unless a guide dog) in the property. This will be discussed further with you upon signing of the management agreement to obtain your instructions in this regard. Illegal instructions cannot be accepted.

Pets

As a lessor, you have the right to accept or refuse pets at your investment property. If your property is a house with suitable fencing, it is recommended that consideration be given to allow a pet at the property, as this type of property may attract people with pets therefore broadening your options in the market place and making your property more appealing to many.
You can request a special term that tenants are to keep the pet/s outside only or if you allow pets to be inside this can occur. Also a special term will be added to the tenancy agreement to require tenants to carry out pest control for fleas upon ending the tenancy.
Smoke Alarms and Safety Switches

Smoke Alarms

It is has been a requirement in Queensland since July 1 2007 for smoke alarms to be installed in all properties (houses and units). This includes all owner occupied and rental properties. Every property listed for sale and/or rented in Queensland must have minimum smoke alarms installed.

Smoke alarms in all properties must be in working order at all times. For rental properties, lessors have further requirements and obligations in relation to cleaning, testing and battery maintenance. Tenants also have responsibilities. The Legislation which governs these requirements is the Fire and Emergency Services Act 1997 (Qld).

Every lessor in Queensland must ensure that the minimum required smoke alarms are installed in the property. The alarms can either be 9volt battery operated, or 10 year lithium battery operated or hard wired alarms. For more information about the number, position and type of alarms, visit www.fire.qld.gov.au.

The lessor/agent must (arrange) to clean and test all smoke alarms in the rentals property within 30 days before the start of the tenancy commencing; this includes a tenancy renewal. The key word for compliance and risk management is that the cleaning and testing of all alarms in the property must be carried out before a new tenancy starts, and/or before a renewal tenancy agreement commences. At the time of cleaning and testing alarms, if it is found that any battery is flat, or almost flat, they must be replaced. We can arrange suitable contractors to carry out this service on your behalf.

If upon cleaning and testing, the lessor/agent becomes aware of any alarm that is not in working order, the lessor/agent must immediately remedy any alarm that is not working (as an emergency repair).

Tenants have an obligation to advise the lessor/agent immediately if they become aware that any alarms are not in working order. The tenant is responsible for cleaning and testing any/all alarms at least once in a 12 month period. (This provision only applies for tenancy leases of 12 months or longer). If a tenancy is less than 12 months, such as 6 months and it is renewed, the lessor is responsible for cleaning and testing alarms prior to the new tenancy (renewal) taking effect.

If the tenant becomes aware that any batteries in the alarms are flat, or almost flat (For example; they start chirping) the tenant is responsible for replacing any batteries. Our agency can assist in appointing appropriate contractors to carry out the legislative lessor requirements. Due to our risk management and own insurance restrictions, we are unable to carry out this requirement on your behalf. It is not recommended that lessors undertake this duty themselves due to risk management and liability concerns.

Safety Switches

It has been a requirement in Queensland since March 2008 that all rental properties have a safety switch installed to the power circuit of the property. If you are unsure, we can appoint an electrician to verify that the property complies with the relevant legislation.

Pool Safety Laws

The Building Act of Queensland sets out the legal requirements for pools and spas. A rental property (house or unit) with a pool cannot be rented without a pool safety certificate. In addition, all pools and spas in Queensland (regardless if they are a rental property) must be registered on the State Government pool register.
Shared pools (units generally) are required to also have the pool safety certificate in a conspicuous position at the property or on the pool gate. We recommend that you speak with the body corporate for more information in this regard.

Pool safety certificates are valid for two years from the date of issue for non-shared pools, and one year for shared pools.

Tenants right and obligations

Tenant have obligations during the tenancy such as keeping the premises clean during the tenancy having regard to how they found it as per the entry condition report, ensure that they don’t cause damage to the property, don’t use the property for illegal purposes, do not disturb the neighbourhood and of course to pay their rent accordingly. If the tenant fails in any of these statutory obligations, breach notices can be served to them. Breaches are discussed further in the proposal.

184 Tenant’s use of premises

The tenant must not—
(a) use the premises for an illegal purpose; or
(b) cause a nuisance by the use of the premises; or
(c) interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.

188 Tenant’s obligations generally

(1) This section does not apply to an agreement if—
(a) the premises are moveable dwelling premises consisting only of the site for the dwelling; and
(b) the tenancy is a long tenancy (moveable dwelling).
(2) The tenant must keep the premises and inclusions clean, having regard to their condition at the start of the tenancy.
(3) The tenant must not maliciously damage, or allow someone else to maliciously damage, the premises or inclusions.
(4) At the end of the tenancy, the tenant must leave the premises and inclusions, as far as possible, in the same condition they were in at the start of the tenancy, fair wear and tear excepted.
Editor’s note — See section 217 (Notice of damage) for the tenant’s obligations to notify the lessor about damage to premises and the need for repairs.

If tenants wish to attach fixtures such as picture hooks, window air conditioning or make any changes to the property, the relevant sections from the RTRA Act are stated below. Tenants must make written request to make any alterations or changes. Our agency will forward each request to you and seek your instruction during the tenancy (if applicable). Our agency recommends that prior to renting the property, strategically placed quality hooks are placed in the property (if not already in place).

207 Attaching fixtures and making structural changes

The tenant may attach a fixture, or make a structural change, to the premises only if the lessor agrees to the fixture’s attachment or structural change.

208 Agreement about fixtures and structural changes

(1) The lessor’s agreement to the attaching of a fixture, or making of a structural change, must—
(a) be in writing; and
(b) describe the nature of the fixture or change; and
(c) include any terms of the agreement.
(2) For an agreement about attaching a fixture to premises, the terms may include terms about—
(a) whether the tenant may remove the fixture; and
(b) if removal by the tenant is allowed—
(i) when and how the removal may be performed; and
(ii) the obligation of the tenant to repair any damage caused to the premises in the removal or compensate the lessor for the lessor’s reasonable costs of repairing the damage; and
(c) if removal by the tenant is not allowed—the obligation of the lessor to compensate the tenant for any improvement the fixture makes to the premises.
(3) The lessor must not act unreasonably in failing to agree to the attaching of a fixture, or the making of a structural change, to the premises.
(4) If the lessor agrees to a fixture being attached, or a structural change being made, to the premises by the tenant, the tenant must not contravene a term of the agreement.

209 Attaching fixture or making structural change without lessor’s agreement

(1) If the tenant attaches a fixture, or makes a structural change, to the premises without the lessor’s agreement, the lessor may—
(a) waive the breach; and
(b) treat the fixture or change as an improvement to the premises for the lessor’s benefit.
(2) The lessor may take the action under subsection (1) instead of taking action for a breach of a term of the residential tenancy agreement by the tenant.

Entry to the premises and notice periods

The RTRA Act sets out reasons for entry to inspection rental property and time frames required. A statutory RTA Form 9 must also be used to provide notice of entry. Lessor or their agent cannot visit the property unless the correct form, required time frame and reasons for entry are valid. If an agent or lessor does inspect without the above requirements, the tenants could issue the lessor/agent with a breach notice for breaching section 183 below of the RTRA Act.

183 Quiet enjoyment
(1) The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.
(2) The lessor or lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.
Maximum penalty for subsection (2)—20 penalty units.

Section 192 of the RTRA Act (below) sets out the lawful grounds/reasons entry to the property can be made. The time frame for (1) (a) below is 7 clear days plus postage. For most other provision, the time frame is 24 hours.

192 Grounds for entry
(1) The lessor or lessor’s agent may enter the premises only—
(a) to inspect the premises; or
(b) to make routine repairs to, or carry out maintenance of, the premises; or
(c) if repairs or maintenance have been made or carried out under paragraph (b)—within 14 days after the completion of the repairs or maintenance, to inspect the repairs or maintenance; or
(d) to comply with the Fire and Rescue Service Act 1990 in relation to smoke alarms; or
(e) to comply with the Electrical Safety Act 2002 in relation to approved safety switches; or
(f) to show the premises to a prospective buyer or tenant; or (g) to allow a valuation of the premises to be carried out; or
(h) if the lessor or agent believes, on reasonable grounds, the premises have been abandoned; or
(i) if the lessor or agent has given the tenant a notice to remedy a breach of the agreement that is a significant breach—within 14 days after the end of the allowed remedy period, to inspect to ascertain whether the tenant has remedied the breach; or
(j) if the tenant agrees; or
(k) in an emergency; or
(l) if the lessor or agent believes on reasonable grounds that the entry is necessary to protect the premises or inclusions from imminent or further damage. Example of entry in an emergency under paragraph (k)— to make emergency repairs to the roof of the premises
(2) In this section — significant breach, for a notice to remedy breach, means a breach relating to any of the following—
(a) using the premises for an illegal purpose;
(b) the number of occupants allowed to reside in the premises;
(c) keeping a pet on the premises;
(d) another matter, if the reasonable cost of rectifying the matter exceeds 1 week’s rent for the premises.

General Routine Inspections

Our agency carries our regular property inspections on your investment. This management services is carried out at least twice per year. Please refer to the management agreement for more information. We also carry out entry and exit inspections as required. The RTRA Act only allows general inspections to be carried out once every three months unless the tenant agrees otherwise.
We provide you with a best practice written visual inspection report of the inspection. Given that our agency are not builders, engineers, architects or any other type of profession (other than a property agent) we cannot provide any other service during these inspections (and otherwise) then visual best practice advice.
The inspection reports will advise any obvious or reported defects, maintenance plus provide commentary as to how the tenant is maintaining the property. If any action is required, we will request your written instruction or act according to the management agreement instructions. For example if there is routine maintenance to be carried out such as built in roller doors not rolling properly, kitchen hinges need replacing due to age, doors getting jammed etc., we shall carry out the required works on your behalf and appoint a suitable contractor to attend. We shall advise you that this has occurred. Also if the tenant is required to undertake certain matters such as cleaning or yard maintenance, this will be actioned and followed up plus reported to the lessor.
We cannot instruct the tenant on how to live as such; we can however instruct the tenant to carry out certain tasks if the situation is causing possible damage or actual damage to the property. For example; if the tenant is allowing mould to build up in the shower (grout), we will advise them to clean it as left unattended could cause long term damage. Another example is excessive oil splatters around the stove area; if left unattended it could stain and damage the area.

Maintenance obligations – emergency and routine

The RTRA Act sets out the legislative definition of what is an emergency repair and what a routine repair is as demonstrated below. Section 185 (discussed earlier in the proposal) requires that lessor’s maintenance their properties and inclusions. Emergency repairs (as defined) must be dealt with immediately and routine repairs within a reasonable time frame.

In relation to an emergency repair, it must be dealt with urgently. We will contact you and advise of the emergency and provide advice to you. In the absence of your instructions (such as we cannot reach you via phone), we shall act in your best interests and attend to the repair; particularly in matters of possible or high risk such as safety matters at the property. The tenant has a right under the RTRA Act to spend up to two weeks rent in an emergency repair situation but also if they have been unable to contact the lessor/agent or the lessor has not responded and attended to the emergency repair within a reasonable time frame.

214 Meaning of emergency repairs

Emergency repairs are works needed to repair any of the
following—
(a) a burst water service or a serious water service leak;
(b) a blocked or broken lavatory system;
(c) a serious roof leak;
(d) a gas leak;
(e) a dangerous electrical fault;
(f) flooding or serious flood damage;
(g) serious storm, fire or impact damage;
(h) a failure or breakdown of the gas, electricity or water supply to premises;
(i) a failure or breakdown of an essential service or appliance on premises for hot water, cooking or heating;
(j) a fault or damage that makes premises unsafe or insecure;
(k) a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of premises;
(l) a serious fault in a staircase, lift or other common area of premises that unduly inconveniences a tenant in gaining access to, or using, the premises.

215 Meaning of routine repairs

Routine repairs are repairs that are not emergency repairs.

General Risk Management

Given the seriousness of maintenance matters, particularly when it comes to safety and security, it is imperative that we receive lessor instructions promptly in writing. This requirement is subject to your instructions provided in the management agreement or otherwise advised in writing. For example we request as a general policy that lessors authorise our agency to expend on your behalf a minimum two week’s rent. We have a statutory and contractual duty to always act in your client’s best interests. We also have a duty of care to the tenants. However it may be difficult to assist you with your statutory requirements as a lessor when we are restricted with authority.
Our role is to maximise your income and minimise your loss – you will be advised via phone, sms or email when maintenance has been reported and what we are doing or have done. You will not find out at end of month when you receive your rental statement. In the litigious world that we live in, it is imperative that we all have sound risk management practices which our agency prides itself on. Therefore for general risk management reasons, we request prompt instructions if requested (in writing) and also authority to expend monies to attend to required maintenance legislatively required.

Keys, Lock and Security

The RTRA Act requires that tenants be provided with a key to every lockable door or device at the property. The requirement is for one full set of keys to be given to the tenant plus entry keys to any other named tenant to allow independent access. Our agency will also require a full set of keys to be held in the office. Upon taking over management we request that two full sets be provided plus two entry set of keys. If more keys are required to be cut, we can offer the service and seek reimbursement from the lessor for the expenses incurred. The following sections below are from the RTRA Act and relate to keys and locks requirements.

210 Supply of locks and keys

(1) The lessor must supply and maintain the locks that are necessary to ensure the premises are reasonably secure.
(2) If there is only 1 tenant, the lessor must give to the tenant a key for each lock that—
(a) secures an entry to the premises; or
(b) secures a road or other place that is normally used to
gain access to, or leave, the area or building in which the
premises are situated; or
Example of a lock for paragraph (b)—
a lock operating a boom gate that must be passed to enter or
leave the area in which the premises are situated
(c) is part of the premises.
Examples of locks for paragraph (c)—
1 a lock on a door to a room in the premises
2 a lock on the mailbox for the premises
3 a lock on the door to a toolshed that forms part of the
premises
4 a lock on a built-in cupboard in the premises
(3) If there is more than 1 tenant, the lessor must—
(a) give one of the tenants a key for each lock mentioned in
subsection (2); and
(b) give each of the other tenants a key for each lock mentioned in subsection (2)(a) or (b).
(4) In this section — tenant means a person named in the agreement as a tenant.

211 Changing locks

(1) If the lessor or tenant changes a lock, the party must give to
the other party a key for the changed lock, unless—
(a) the other party agrees to not being given a key; or
(b) a tribunal orders that a key not be given.
(2) However, the lessor or tenant may change a lock only if—
(a) the party has a reasonable excuse for making the
change; or
(b) the other party agrees to the change.
(3) Without limiting subsection (2)(a), it is a reasonable excuse for the lessor or tenant to change a lock if it is changed in an emergency or under an order of a tribunal.

212 Agreement about changing locks

(1) The lessor or tenant must not act unreasonably in failing to agree to the change of a lock.
(2) The changing of a lock by the lessor or tenant without the
other party’s agreement is evidence the party did not have a
reasonable excuse for making the change.

213 Orders of tribunal

(1) If an application is made to a tribunal by the lessor or tenant about a lock or key for the premises, the tribunal may make any of the following orders about locks or keys for the premises—
(a) an order requiring the lessor to supply a lock, or a lock of a particular kind;
(b) an order requiring the lessor to carry out stated maintenance of a lock;
(c) an order authorising the lessor or tenant to change a lock;
(d) an order that the lessor or tenant is not required to give to the other party a key to a lock;
(e) an order requiring the lessor or tenant to give to the other party a key to a lock.
(2) In making an order mentioned in subsection (1)(a) or (c), the
tribunal may have regard to the following—
(a) the likelihood of risk to the tenant’s personal safety;
(b) the requirements of insurance companies for allowing
the tenant to obtain insurance for property of the tenant
kept at the premises;
(c) the likelihood of break-ins or other unlawful entry to the
premises or nearby premises;
(d) local community standards about adequate security for
premises;
(e) the physical characteristics of the premises and adjoining areas;
(f) anything else the tribunal considers relevant.

Rent Arrears

Under the RTRA Act, action can only be taken against a tenant when they are seven clear days behind in their rent payments. Best practice for our agency is that we contact the tenant prior to this time and advise them of the rent payment being due. Section 280 allows our agency on your behalf to serve a breach notice to the tenant on the 8th day of arrears. Under legislation the tenant is then given the allowed remedy period (which is seven days) to pay the rent owing (plus in most cases, an additional two days for postage if the notice is posted). We shall advise you promptly if rent defaults occur and keep you informed of the developments until there is an outcome.

280 Notice to remedy tenant’s breach

(1) This section applies if the lessor believes on reasonable grounds that —
(a) the rent payable under the agreement has remained unpaid in breach of the agreement for at least 7 days; or
(b) the tenant has breached another term of the agreement and the breach has not been remedied.
(2) The lessor may give a notice to the tenant requiring the tenant to remedy the breach within the allowed remedy period.
(3) This section does not apply to an agreement for a short tenancy (moveable dwelling).
Editor’s notes — See section 325 (Notice to remedy breach) for requirements for the notice.
See section 328 (Allowed remedy period) and schedule 2 (Dictionary), definition allowed remedy period.

If a tenant fails to remedy a breach for rent arrears (or other breach), after seeking your instructions, our agency on your behalf can then issue the tenant with a RTA Form 12 Notice to leave for failure to remedy the breach. The Notice to Leave period for rent arrears is a further 7 days; a Notice to leave for other than rent arrears is 14 days (plus two days postage if posted). This means that the tenancy will be terminated due to the breach. If the Notice to leave is withdrawn, we are required on your behalf to withdraw the notice in writing to the tenant and seek their written agreement to do so (section 333 of the RTRA Act). Regrettably of course ‘bad things can happen to good people’ and by this we mean that sometimes life situations such as job loss, marriage or partnership breakdowns, deaths and other societal issues may cause people to act outside character causing them to default on their obligations. Landlord Protection Insurance is strongly recommended and discussed later in this proposal.

281 Notice to leave for unremedied breach

(1) The lessor may give a notice to leave the premises to the tenant because the tenant has failed to comply, within the allowed remedy period, with a notice to remedy breach given
to the tenant by the lessor.
(2) A notice to leave under this section is called a notice to leave for an unremedied breach.
Editor’s notes — See section 326 (Notice to leave) for requirements for the notice under this section.
See section 328 (Allowed remedy period) and schedule 2 (Dictionary), definition allowed remedy period.

Tenancy Breaches other than rent

If a tenant breaches the agreement such as having unapproved pets, occupants or not keeping the premises clean during the tenancy, we always act in your best interests. In some case we may negotiate with the tenant to have the concern attended to promptly; in more serious cases we will issue a RTA Form 11 Notice to Remedy Breach to the tenant providing the allowed remedy period (which is commonly 7 days) to rectify the matter. We will advise you of the action taken and keep you informed until the matter resolved and there is an outcome.

Water

If your investment property does not have an individual water meter, water charges cannot be passed onto to the tenant.

If your property has an individual water meter and is not water efficient, the lessor must pay for a reasonable amount of water.

If your property has an individual water meter and is deemed water efficient, the lessor may pass on total water consumption charges to the tenant. It is strongly recommended that a plumber certificate or sufficient evidence is kept on file in the event the tenant disputes that the property is water efficient in compliance with the relevant legislation.

The process for water charging will depend on which criterion above your property fits. Water is not a simple matter; regrettably water billing cycles never meet tenancy cycles and as water is an essential service sometimes lessors may end up paying for water bills which would part of the cost of investment.

Due to the concerns of work place health and safety plus risk management our agency does not read water meters. If you choose to charge your tenants for water as indicated above, we can appoint on your behalf a plumber or contractor to read meters accordingly such as at the beginning, during and end of the tenancy. We can provide the costs for these extra services to you upon request.

What is a water efficient rental premises?

A rental premises is considered water efficient if certain water fixtures meet the standards listed in the table below.

Water efficient devices Minimum water efficient standard required.

Internal cold water taps and single mixer taps (excluding bathtub taps and taps for appliances) A maximum flow rate of nine litres per minute.
Showerheads A maximum flow rate of nine litres per minute.

Toilets A dual flush function not exceeding six point five (6.5) litres on full flush and three point five (3.5) litres on half flush and a maximum average flush volume of four litres (based on the average of one full flush and four half flushes).

The requirement for taps applies only to internal cold water taps that are installed over a hand basin, kitchen sink or laundry trough (including single mixer taps). The requirement does not apply to other taps in the premises such as bath tub taps, outside taps for the garden, or taps which supply washing machines or dishwashers. These taps are not required to be water efficient.
How can the lessor/agent prove the premises are water efficient?

At the start of the tenancy agreement, the lessor/agent and tenant should negotiate arrangements for water charging. The presence of water efficient devices should be noted on the Entry Condition Report (Form 1a).

Lessors/agents should be able to demonstrate the presence of water efficient devices where it may be unclear, such as by providing copies of:

  • plumbing reports
  • paperwork from ‘Home WaterWise’ services
  • receipts
  • packaging
  • warranties or instruction manuals for taps and showerheads, etc.

For any water fixtures produced from 2005 onwards, the easiest way to check if they meet the required efficiency standard is to look for products with a WELS rating of three stars or higher. WELS is Australia’s water efficiency labeling scheme which rates fixtures including taps, showerheads and toilets according to water efficiency – the more stars the better. To find out more about the scheme or search the registered product database, visit www.waterrating.gov.au.

Water saving tips can be found on the Queensland Government website. Sourced from www.rta.qld.gov.au

166 Water service charges for premises other than moveable dwelling premises

(1) This section applies to premises that are not moveable dwelling premises.
(2) The tenant may be required to pay an amount for the water consumption charges for the premises only if—
(a) the tenant is enjoying or sharing the benefit of a water service to the premises; and
(b) the premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and
(c) the agreement states that an amount for the water consumption charges for the premises is payable by the tenant.
(3) The tenant may be required to pay an amount for all of the water consumption charges payable for the premises for a period only if, during the period, the premises are water efficient.
(4) If during a period the premises are not water efficient, the tenant may only be required to pay an amount for the water consumption charges payable for the premises for the period that is more than an amount payable for a reasonable quantity of water supplied to the premises.
(5) Without limiting subsection (4), in deciding what is a reasonable quantity of water for subsection (4), regard must be had to the matters mentioned in section 169(4)(a) to (e).
(6) Despite subsections (2) to (5), the tenant may not, for a period, be required to pay an amount for water consumption charges for the premises that is more than the amount of the water consumption charges payable to the relevant water supplier.
(7) Also, the tenant may not be required to pay an amount of the water service charges payable for the premises for a fixed charge for the water service to the premises.
(8) For this section, premises are water efficient only if they comply with the water efficiency requirements prescribed under a regulation.
(9) In this section — water consumption charge, for premises, means the variable part of a water service charge assessed on the volume of water supplied to the premises.

The General Tenancy Agreement – Form 18a (The tenancy contract)

The Tenancy Agreement/Contract is a legal binding contract between you as the lessor and the tenant. We as your managing agent act on your behalf and complete and sign all necessary paperwork. Please find as part of this proposal an example General Tenancy Agreement. There are two types of tenancy agreement in Queensland;

  1. A fixed term agreement
  2. A periodic agreement.

A fixed term agreement is a contract which has a definite start date and a definite end date. The tenancy can be renewed to another fixed term agreement at the end of the existing agreement however the agreement does not automatically end on the end date; required notices and time frames or other action must be taken to end the tenancy lawfully. If no action is taken to end the tenancy lawfully or renew the tenancy, the agreement automatically reverts to a periodic tenancy. To end the fixed term agreement, the lessor must provide two months written notice to the tenant on or before the end date; but the lease cannot end earlier than the end date unless all parties agree or another lawful action has occurred.
A periodic agreement is a contract which has a definite start date with no definite end date. This is commonly referred to as a month to month agreement. The only difference between a fixed term and a periodic agreement is the ending of the tenancy agreement time frames. A tenant on a periodic tenancy can provide two weeks written notice at any time and vacate the property in two weeks’ time. The lessor is required to provide 2 months written notice on a periodic tenancy.

Special Terms to the General Tenancy Agreement

The Tenancy Agreement mentioned above has 44 standard terms which are the law, non-negotiable and must form part of every tenancy agreement in Queensland. Special terms are terms that are not standard terms however can be added to an agreement if they are lawful and do not contract outside legislation.
Under the Legal Professional Act of Queensland, we as a property agent cannot write or draft special terms to a tenancy agreement; only a lawyer or the lessor as a party to the agreement can. In saying that we use special terms from our forms provider outlined in the example provided with the proposal. If you require additional special terms, we will require your written instruction. An example of contracting outside legislation is a request to insert a special term that an inclusion such as a dishwasher will not be maintained or replaced if it breaks down. This cannot be inserted due to the legislative provision of section 185 previously mentioned in the proposal.

53 Contracting out prohibited

(1) An agreement or arrangement is void to the extent to which it purports to exclude, change or restrict the application or operation of a provision of this Act about the terms of a residential tenancy agreement.
(2) A person must not enter into an agreement or arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act.
Maximum penalty—50 penalty units.
(3) In this section—
agreement includes an agreement that is not a residential tenancy agreement.

Garden and Tree Maintenance and other maintenance

Lessors generally are deemed responsible for maintenance of trees and high shrubs. If you require the tenant to maintain any particular matter of the garden a certain way, please provide a special term of your requirements into the agreement. Regrettably tenants may not look after your garden the way you would if you were living there. It is recommended that high maintenance gardens be given consideration by the lessor in relation to future maintenance and water.

Our agency recommends that consideration be given to having regular garden maintenance as part of the rent. For example, certain monies can be added to the rent to include garden maintenance. If you require more information please simply ask.

Matters such as gutter cleaning and house washing are generally deemed to form part of a lessor’s maintenance obligation. This is mainly due to the provision under section 185 of the RTRA Act regarding lessor obligations generally plus for best practice and sound risk management.

Termination of Tenancies

There are seven ways a tenancy agreement can be terminated in Queensland. In brief the seven ways are under the RTRA Act are;

  • Mutual agreement by all parties
  • A Form 13 – Notice of intention to leave from the tenant lawfully
  • A Form 12 – Notice to Leave from lessor/agent
  • Abandonment
  • Mortgagee in possession
  • Death of a sole tenant
  • An order of Tribunal.

The most common way a tenancy is ended is without grounds meaning without reason. 2 months written notice is required to be given to the tenant if vacant possession is required. If the tenancy is a fixed term agreement, the 2 months’ written notice cannot be given during the tenancy as the tenant has lawful possession up until the end date of the contract. The only way the tenancy could be ended earlier is mutual agreement or a break lease situation.

If during the tenancy your tenant requests to break their lease, we shall advise you promptly and explain the procedure. Generally speaking the tenant is responsible for the rent and looking after the property until such time that the tenancy agreement ends or a new suitable replacement tenant is found and takes possession. This provision only applies if the tenant does not apply to Tribunal under excessive hardship grounds (or other reasons) to have the agreement terminated early.

Tribunal

QCAT (Queensland Civil and Administrative Tribunal) is the jurisdiction that hears tenancy disputes (and other civil matters). If a tenancy dispute cannot be resolved via dispute resolution through the RTA (a free voluntary service which is legally required in some circumstances) or self-resolution attempts within our agency are unsuccessful, a tenancy dispute can be taken to Tribunal for a legal resolution. There are two types of Tribunal application; urgent and non-urgent. These two types of applications are legally defined under the RTRA Act. We shall discuss with you in detail if during the management of your tenancy relationship attendance of Tribunal on your behalf is required.
Disbursement of Rental Funds and the Rental Statement

We disburse rental funds twice per month; mid-month and end of month. The disbursements are sent to your nominated bank account unless otherwise instructed. We also provide a written statement demonstrating the income, expenses, fees and commissions with a total amount shown. GST is also shown on the statement.

Landlord Protection Insurance

Landlord Protection Insurance is strongly recommended by our agency. Whilst every action is taken to secure suitable tenants for your investment; life changes such as job loss and marriage breakdown can sometimes lead to people acting outside their usual character. To protect your investment, and for a relatively low cost that may be a tax deduction; lessor insurance is a must for today’s investor. We are unable to provide specific insurance advice.

Public Liability Insurance and Other Insurance

It is a contractual requirement under the management agreement that our lessors hold and maintain a Public Liability Insurance Policy of no less than $10 million dollars. We cannot begin managing the property on your behalf until the information about the insurance is provided. Public liability insurance is important to protect you and your investment.
It is strongly recommended that appropriate insurance is sought in relation to adequate building and contents insurance coverage as well. Please note that some items in your property may fall under contents insurance therefore both building and contents insurance are recommended.

Budget Recommendations

It is recommended that monies where possible be kept aside for maintenance and general upkeep of the property. This will ensure your property is maintained in accordance with legislative obligations and sound risk management. Well maintained properties generally attract quality tenants and commonly long term tenants also.
We recommend that you try and keep around $2000 handy at all times for maintenance budget. This allows for hot water systems, stoves and other like ‘major’ items as well as the day to day routine maintenance items that are required to be done. The maintenance budget may include provision for yearly (or as required) tree lopping, gutter cleaning, house washing etc. and other matters that may be applicable to your property.

Our Communication Policy

We pride ourselves on quality and professional services. If you phone our agency before 2pm on a business day, you will receive a return call that same day. If the call is received after 2pm, the return call may be the next business day. However, if your call is urgent, please ensure you advise when calling so that appropriate action can be taken. Effective and sound communication is a key focus of our business.
Our preferred method of communication is via email. As most instructions and communication are required to be in writing you may wish to email us also. Please provide our agency with your preferred email address, your preferred contact number and a contact number of another person you designate in the event of an emergency situation and we cannot get in touch with you.

Our Privacy Policy

Our Agency complies fully with the Federal Privacy Act. All personal details supplied to our agency are protected and are stored in a safe environment. If you have any concerns about your privacy, please contact our Privacy Officer or the Agency Principal Licensee. Confidentiality is also assured and guaranteed.

Editor note – © Real Estate Excellence www.realestateexcellence.com.au

The above mentioned relevant legislation is from the Residential Tenancies and Rooming Accommodation Act 2008 www.legislation.qld.gov.au and is current as at November 2014

Reference to Tribunal means QCAT – Queensland Civil and Administrative Tribunal.

One penalty unit = $113.65 under Queensland Legislation.

The Property Occupations Act (POA) 2014 requires that Real Estate Agents be appointed by a Lessor/Client in writing using the approved Government Form. We are unable to carry out any services on your behalf until the form is completed and signed by all parties. You will receive a copy once completed and signed by all parties.

Following is a best practice explanation and guide to the POA Form 6 (Management Appointment) with our Agency. You are encouraged and advised to seek legal independent advice before signing this form. Please read this guide when reviewing and or completing the approved form. INSTRUCTIONS for Completion

Please ensure all names listed on the Title Search (or registered power of attorney) sign in the parts required plus initial each page to verify reading and understanding.

Page 1 of the POA Form 6
Part 1 – Client Details
Our agency is required to verify ownership and property description details upon listing property for rent. We shall carry out a title search which will be attached to the Appointment. Please refer to Part (page 4 section 3) for the expense incurred in this regard. You will also receive a copy of the title search.
Please ensure that all contact details are completed including email addresses and fax numbers. Most communication has to be in writing during this Appointment, so please also note your preferred method of written communication (such as email, fax or post).
Part 2 – Agent Details
This part outlines all our agency details and license numbers.
Part 3 – Property details
All of these details will be sourced from the title search which will be carried out on your behalf.
Part 4 – Appointment of Agent
Part 4 – Section 1 – Performance of service
We will let/lease the property on your behalf, collect rent and provide other property management services as contained in the Appointment.

Part 4 – Section 2 Term of appointment
The Property Occupations Act 2014 allows for two types of Appointments; single and continuing. As we are carrying out more than one service (on your behalf), this Appointment is a continuing Appointment.
The Appointment can be revoked by either party by providing written notice of 30 days or less if both parties agree.
Part 4 – Section 3 Price
The price in which we will offer to rent your property is as per your instructions in this section or advised otherwise. Note that as the appointment is continuing, rental prices will vary into the future subject to market conditions.
Part 4 – Instructions/Conditions
Refer to the attached annexures/schedules/terms of appointment for more information for this part of the form.
Part 5 – Termination of appointment
The Appointment can be revoked by either party by providing written notice of 30 days or less if both parties agree.
Part 6 – Sales – does not apply to this property management appointment
Part 7 – Commission (Fees)
The letting commission fee charged by our agency is for when the property is let and or relet to new tenants.
The management fee includes our management services. (Note there may be other fees and expenses noted in Part 8 of the appointment).
Part 8 – Expenses, Fees and Charges
Section 1 – Advertising and marketing
This provision includes any marketing, internet and or advertising fees to be charged to the client with the amount agreed in the appointment or otherwise agreed to in writing.
Section 2 – Repairs and Maintenance
A lessor’s obligation under the Residential Tenancies and Rooming Accommodation Act 2008 (QLD) is to maintain their premises in good repair; refer to the section/s set out below in relation to obligations for routine and emergency maintenance. In relation to emergency repairs, if we cannot contact you, we require authorisation to act in your best interests. We shall inform you of any issues and developments. Routine maintenance is required to be carried out within reasonable time frames. We may, from time to time (dependant on your written instruction on the Appointment), require further written instruction from you in this regard. Please note that is it vital for risk management that all maintenance instructions which may be required during the continuing Appointment be provided to our agency within a reasonable time frame and that clear instructions are provided in writing.

185 Lessor’s obligations generally

(1) This section does not apply to an Appointment if—
(a) the premises are moveable dwelling premises consisting only of the site for the dwelling; and
(b) the tenancy is a long tenancy (moveable dwelling).
(2) At the start of the tenancy, the lessor must ensure—
(a) the premises and inclusions are clean; and
(b) the premises are fit for the tenant to live in; and
(c) the premises and inclusions are in good repair; and
(d) the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises.
(3) While the tenancy continues, the lessor— [s 185]
(a) must maintain the premises in a way that the premises remain fit for the tenant to live in; and
(b) must maintain the premises and inclusions in good repair; and
(c) must ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and
(d) if the premises include a common area—must keep the area clean.
Editor’s note — See section 217 (Notice of damage) for the tenant’s obligations to notify the lessor about damage to premises and the need for repairs.
(4) However, the lessor is not required to comply with subsection (2)(c) or (3)(a) for fixtures attached to premises, and inclusions supplied with premises, (the non-standard items) if—
(a) the lessor is the State; and
(b) the non-standard items are specified in the Appointment and the Appointment states the lessor is not responsible for their maintenance; and
(c) the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and
(d) the non-standard items are not a risk to health or safety; and
(e) for fixtures—the fixtures were not attached to the premises by the lessor.
(5) In this section—
premises include any common area available for use by the tenant with the premises.

214 Meaning of emergency repairs

Emergency repairs are works needed to repair any of the following —
(a) a burst water service or a serious water service leak;
(b) a blocked or broken lavatory system;
(c) a serious roof leak;
(d) a gas leak;
(e) a dangerous electrical fault;
(f) flooding or serious flood damage;
(g) serious storm, fire or impact damage;
(h) a failure or breakdown of the gas, electricity or water supply to premises;
(i) a failure or breakdown of an essential service or appliance on premises for hot water, cooking or heating;
(j) a fault or damage that makes premises unsafe or insecure;
(k) a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of premises;
(l) a serious fault in a staircase, lift or other common area of premises that unduly inconveniences a tenant in gaining access to, or using, the premises.

215 Meaning of routine repairs
Routine repairs are repairs that are not emergency repairs.
Section 3 – Other
Section 3 outlines the expenses incurred by our agency on your behalf which require reimbursement from the client to our agency. An invoice will be provided to you to show any expenses incurred that have been required to be reimbursed to our Agency such as lodgement of tribunal papers.
Section 4 – Agent’s Rebate, discount, commission or benefit
Our agency is not able to provide any recommendations for specific insurance products; however there may be some commission or rebates received by our agency which we must disclose if any insurance company of your choice provides our agency with any benefits
Part 9 – Signatures
Please ensure that your full name and signature is inserted. Also insert the date of signing. All parties who are on the title (or registered power of attorney) are required to sign the Appointment. Please also ensure that each page to the Appointment is initialled.
Ensure that legal advice is sought if required prior to signing the appointment.
Part 10 – Reappointment
Part 10 does not apply to a property management appointment.
Annexures, Schedule and Terms and Conditions of the Appointment

The remainder of the Appointment includes the annexures, schedules and terms and conditions as noted on the bottom of page four of the approved form. Please ensure that all required sections are completed with your instruction. If the section does not apply, please insert not applicable.

Please provide a copy of your current public liability insurance policy. It is a requirement under the Appointment that lessor’s hold and maintains a public liability insurance policy of no less than $10 million dollars. We cannot begin managing the property on your behalf until the document is provided.

Landlord protection insurance is strongly recommended by our Agency; whilst every action is taken to secure suitable tenants for your investment; life changes such as job loss and marriage breakdown can sometimes lead to people acting outside their usual character.

You will be provided a copy of this Appointment once completed and signed by all parties and prior to services commencing.

Please also provide photo identification with signature upon return of the appointment form to our Agency. We look forward to a long and prosperous relationship with you and thank you for the opportunity to manage your investment.

Note; Photo identification is recommended due to risk management. Fraud identity theft is a matter our industry needs to be conscious of and it is strongly recommended that steps are taken to prove identity.