Real Estate Excellence will be releasing a policies and procedures best practice guide for property management in 2011. If you have any questions about this service, please contact Stacey Holt stacey.holt@realestateexcellence.com.au
Below is a sample of topics covered in the best practice guide
Appraising Rental Property
Listing presentation
Completing the PAMD Form 20a
Lessor obligations
Listing the property for rent
Showing the property
Completing an entry condition report
Completing and understanding the General Tenancy Agreement
Tenancy applications and processing
Tenancy sign up procedures
Tenant obligations
Issuing of Notices
Bond lodgement
Rent payment methods
Arrears management
Smoke Alarm management
Pool Laws Management
Appointing Contractors and Tradespeople
Routine maintenance
Emergency maintenance
Lease renewals
Rent increases
Bond increases
Break lease
Change of shared tenancy
Tenant requests
Disaster Management
Dispute Resolution during the tenancy
Entry notices
Routine inspections
Reporting to the lessor
Reinspecting property after a routine inspection has been completed
Water
Rental property for Sale
Notice period for Breaches
Ending the tenancy lawfully
Terminating tenancies due to breach of agreement
Vacating
Bond Refunds
Bond Disputes
Dispute Resolution
Non Urgent Tribunal Applications
Urgent tribunal Applications
Completing Tribunal Documentation
Presenting in Tribunal
Ordering transcripts from tribunal
Appeals and Tribunal
Debts owing by tenants
Tenancy Databases
Abandonment
Lost management
Record keeping management
Filing management
Email management
Lessor communication
Tenant communication
Negotiation Tips
Follow up
Best practice completion of RTA documentation
Job Description examples
Time management
(C) Stacey Holt Real Estate Excellence provides best practice advice and services only.
http://www.realestateexcellence.com.au/
Stacey Holt (Real Estate Excellence Academy)
January 16, 2011
$10 from every registration will be donated from Real Estate Excellence
Invitation to attend Training Rental Property Matters Including Disaster Management
(this program has been modified to assist in disaster recovery management, advice and support and will be held in most areas of Queensland)
This interactive and practical property management workshop focuses on best practice, compliance and risk management rental property matters that today’s career property manager should have sound knowledge of. The session topics include the following;
As we all know, 75% of Queensland has been grossly affected by the terrible flood crisis. The workshop will discuss what we have learnt from the disaster, and what we need to plan for in the event that it ever happens again. We will also discuss disaster recovery management and practical solutions for what will most likely be a long term problem for some in the industry. Issues that will be discussed in the workshop are
• Response systems to an emergency and risk management
• Communication with lessors and tenants
• Appointing contractors in an emergency
• Prioritising works
• Insurance issues
• Relevant legislation
• Looking after you and understanding other people’s reactions
• Recovery management
• Where to from here?
The session will also discuss the following;
• Pool safety and fencing - how are the new laws going?
• Pest control obligations – who is responsible?
• Maintenance obligations for the lessor and obligations of the tenant including flood disaster information
• Water efficiency standards; lessor obligations
• Garden maintenance including trees, fencing and the new neighbourhood disputes resolution Act coming in 2011
• Routine inspections; how, when, reporting and follow up
• Tenant requests for attaching fixtures or making structural changes
• Keys and lock requirements – what is the lessor obligation?
• Smoke alarms
• Safety switches
This session would suit all property management staff including the Assistant Property Manager, Business Development Manager/Officer, Property Managers, Senior Property Managers and Licensee/Managers. Stacey Holt, Director Real Estate Excellence will present each session.
Please refer to the registration form for your area for training cost, venue, time and date. One session per region only.
For all enquires contact Stacey Holt stacey.holt@realestateexcellence.com.au Please forward this invitation to any colleagues who you feel may benefit from receiving it. Are you a member of Real Estate Excellence? Discounts Apply? PRIVATE IN House training is also available. Enquire today about this option. All of Real Estate Excellence Training and services come with a satisfaction guarantee. Best Practice Real Estate Agency Advice is provided as part of the training and education services.
0423 018 539 or 07 3161 1865
Registration forms can be found at http://www.realestateexcellence.com.au/ or contact Stacey Holt direct.
(this program has been modified to assist in disaster recovery management, advice and support and will be held in most areas of Queensland)
This interactive and practical property management workshop focuses on best practice, compliance and risk management rental property matters that today’s career property manager should have sound knowledge of. The session topics include the following;
As we all know, 75% of Queensland has been grossly affected by the terrible flood crisis. The workshop will discuss what we have learnt from the disaster, and what we need to plan for in the event that it ever happens again. We will also discuss disaster recovery management and practical solutions for what will most likely be a long term problem for some in the industry. Issues that will be discussed in the workshop are
• Response systems to an emergency and risk management
• Communication with lessors and tenants
• Appointing contractors in an emergency
• Prioritising works
• Insurance issues
• Relevant legislation
• Looking after you and understanding other people’s reactions
• Recovery management
• Where to from here?
The session will also discuss the following;
• Pool safety and fencing - how are the new laws going?
• Pest control obligations – who is responsible?
• Maintenance obligations for the lessor and obligations of the tenant including flood disaster information
• Water efficiency standards; lessor obligations
• Garden maintenance including trees, fencing and the new neighbourhood disputes resolution Act coming in 2011
• Routine inspections; how, when, reporting and follow up
• Tenant requests for attaching fixtures or making structural changes
• Keys and lock requirements – what is the lessor obligation?
• Smoke alarms
• Safety switches
This session would suit all property management staff including the Assistant Property Manager, Business Development Manager/Officer, Property Managers, Senior Property Managers and Licensee/Managers. Stacey Holt, Director Real Estate Excellence will present each session.
Please refer to the registration form for your area for training cost, venue, time and date. One session per region only.
For all enquires contact Stacey Holt stacey.holt@realestateexcellence.com.au Please forward this invitation to any colleagues who you feel may benefit from receiving it. Are you a member of Real Estate Excellence? Discounts Apply? PRIVATE IN House training is also available. Enquire today about this option. All of Real Estate Excellence Training and services come with a satisfaction guarantee. Best Practice Real Estate Agency Advice is provided as part of the training and education services.
0423 018 539 or 07 3161 1865
Registration forms can be found at http://www.realestateexcellence.com.au/ or contact Stacey Holt direct.
January 14, 2011
Important Flood Information and Useful Contacts
Clean Up
As the task of cleaning up following floodwater inundation begins in coming days, Council advises residents and business owners to follow these safety tips:
• If your home has been affected by floodwaters, contact a licensed electrician to do a safety check of wiring and switchboards before turning on the power. All electrical equipment that may have come into contact with floodwaters should also be checked by an electrician before using.
• Protect yourself from possible contaminants and bacteria in or left by floodwaters by always wearing rubber gloves and water resistant clothing, including gumboots. You should also wear goggles or a face mask to protect your eyes from any splashing water and cover any open wounds before you start cleaning.
• Make sure all gas and electricity is turned off while you clean up.
• Allow for adequate ventilation by opening windows and doors.
• Be aware that floors will be slippery, even after water has receded.
• Throw out any food that may have come into contact with floodwaters or perishables that would have spoiled due to power.
• Take photos of damaged furniture, draperies, appliances, dishes etc and then remove from your house. Brisbane City Council will have industrial bins available and a kerbside collection for flood damaged goods in affected areas once floodwaters recede. Detailed information of industrial bin locations, kerbside collection areas and times will be advised as soon as possible.
• Watch out for snakes that may have entered your house to escape floodwaters.
Residents in impacted areas can use as much water as necessary to clean flood affected areas but are encouraged to be wise about water use by using high pressure hoses or hose nozzles. Residents in areas not affected by the floods are encouraged to be wise about their water use due to the huge demand on water supplies as the clean up gets underway.
Those residents who have not been affected by the flooding are encouraged to assist neighbours, friends and their local communities in clean up operations.
Financial relief
Brisbane City Council advises that due to the recent flood event, Brisbane ratepayers will be provided with the following financial relief:
• Flood victims will receive an extra 30 days to pay rates bills
• All Brisbane ratepayers in flood affected homes will receive a $100 rebate on their water bill so that they can use the water needed to clean up after the flood.
• Council will not operate parking meters nor enforce timed parking zones and parking bays for 30 days in flood affected areas.
Council advises affected residents to contact their service providers to arrange extensions on any other bills.
Waste
All Council transfer stations are accepting general and green waste free of charge.
There will be no general waste, recycling or green waste bin collections or SITA bulk bin collections until 17 January 2010. Please do not place bins out for collection.
Priority will be given to waste bins during the flood crisis with recycle and green waste bins being a second priority.
Friday, January 14, 2011
Free Public Transport to help with SEQ flood recovery
Anna Bligh has announced that the State Government will provide free public transport for a week to help with the initial flood recovery in South East Queensland.
Ms Bligh said all public transport in Queensland’s south east would be free for a week from today (Friday 14 January).
“Our public transport network is vital to the region’s recovery,” she said.
“Many people don’t have cars, and many others have lost them in the floods. I’m also sure there are also numerous residents who’ve lost their Go Cards.
“We want to help as much as possible and making the network free for a week will keep unnecessary cars off the road, help people do some shopping and get around to help others if needed.
Minister for Transport Rachel Nolan said the measure was intended to assist the flood recovery.
“Let me be clear. This isn’t a ticket to rubberneck. It remains the case that non-essential travel is not encouraged,” she said.
“I know it’s not a lot compared to what some people have lost but every little bit helps.
“We’ve never offered free public transport on this scale, for this long, before.
“It’s unprecedented, but so is the damage and devastation we’ve seen to the lives of so many Queenslanders.”
Ms Nolan said planned fare rises would still go ahead when fares were reinstituted from Saturday 22January.
“We face a massive task of rebuilding our damaged public transport network,” Ms Nolan said.
“And keeping quality services running is vital.
“Every extra cent we receive from these fare increases will go into services and helping rebuild our public transport network.
“That means more seats on buses and more seats on trains.”
Ms Nolan said the State Government would continue to support a large ongoing subsidy for public transport services in the region.
Moneycare
The Salvation Army's Moneycare is a free and confidential financial counselling service for people facing financial difficulties or wanting to avoid financial difficulties in the future. Staff are able to help with a range of issues including budgeting, credit, debt and repossession.
Community Services Centres
Our network of community services centres nationally also provide limited practical assistance for low-income families and individuals who are struggling to make ends meet.
To access support, contact your nearest community services centre and make an appointment. You will be assessed according to need and the resources available at the centre. Please be aware that demand for these services is much greater than our ability to respond.
Community Services assistance may include:
• Cash/ cheque
• Food vouchers or parcels
• Toys and food hampers at Christmas
• Clothing, furniture and other household items
• Accommodation
• Housing costs
• Electricity, gas, rates and other bills
• Public transport fares
• Medical and educational expenses
QLD support services
Brisbane Central Community Services Centre
97 Turbot Street BRISBANE QLD 4000
PO Box 13688 George Street BRISBANE QLD 4003
Ph 07 3211 9230
Fax 07 3211 9234
Caboolture Community Services Centre
21 Mary Street CABOOLTURE QLD 4510
Ph 07 5499 0753
Caloundra Community Services Centre
2 Coora Crescent CURRIMUNDI QLD 4551
Ph 07 5493 6053
Fax 07 5493 8028
Elanora Community Services Centre
Kalamunda Close ELANORA QLD 4221
Ph 07 5521 0997
Greenslopes Community Services Centre
481 Logan Road GREENSLOPES QLD 4120
PO Box 221 STONES CORNER QLD 4120
Ph 07 3394 4184
Fax 07 3324 2409
Inala Community Services Centre
83 Inala Avenue INALA QLD 4077
PO Box 1050 INALA EAST QLD 4077
Ph 07 3372 1889
Fax 07 3278 9342
Inidenous Ministries Community Services Centre
80 Downs Street NORTH IPSWICH QLD 4305
Ph 07 3812 3005
Ipswich Community Services Centre
14 Ellenborough Street IPSWICH QLD 4305
PO Box 227 IPSWICH QLD 4305
Ph 07 3812 2462
Fax 07 3812 3818
Lockyer Valley Community Services Centre
18 Railway Street GATTON QLD 4343
Ph 07 5462 5729
Tuesday and Wednesday, 10am-12pm
Logan City Community Services Centre
8 Blackwood Road WOODRIDGE QLD 4114
PO Box 816 WOODRIDGE QLD 4114
Ph 07 3808 2564
Fax 07 3290 0310
Maroochydore Community Services Centre
Cnr Broadmeadows & Maroochydore Roads MAROOCHYDORE QLD 4558
Ph 07 5443 7775
Maryborough Community Services Centre
Cnr Bazaar & Alice Streets MARYBOROUGH QLD 4650
Ph 07 4121 0182
Nambour Community Services Centre
4 Maud Street NAMBOUR QLD 4560
Ph 07 5441 5538
Fax 07 5476 0792
Nerang Community Services Centre
Shop 5, Dalmar Centre, 43-45 Price Street NERANG QLD 4211
PO Box 599 NERANG QLD 4211
Ph 07 5596 0764
Fax 07 5527 4681
Noosa Community Services Centre
6-8 Bartlett Street NOOSAVILLE QLD 4566
Ph 07 5449 7250
North Brisbane Church Community Welfare Centre
Cnr Handford & Roghan Roads TAIGUM QLD 4018
PO Box 155 TAIGUM QLD 4018
Ph 07 3865 1416
Fax 07 3265 5841
Pine Rivers Community Services Centre
27-29 Lawnton Pocket Road LAWNTON QLD 4501
Ph 07 3285 2401
Fax 07 3285 3918
Southport Community Services Centre
3/80 Davenport Street SOUTHPORT QLD 4215
PO Box 1680 SOUTHPORT QLD 4215
Ph 07 5591 2729
Fax 07 5591 1216
Toowoomba Community Services Centre
10 Snell Street TOOWOOMBA VILLAGE FAIR QLD 4350
PO Box 3069 TOOWOOMBA VILLAGE FAIR QLD 4350
Ph 07 4632 4133
Fax 07 4632 9519
Warwick Community Services Centre
77 Grafton Street WARWICK QLD 4370
Ph (07) 4661 1031
All appointments are made through Centrelink
Wynnum/Capalaba Community Services Centre
107 Akonna Street WYNNUM QLD 4178
PO Box 701 WYNNUM QLD 4178
Ph 07 3393 4713
Fax 07 3393 5066
Support and assistance
Community recovery
Community Services
Updates and types of support available for people experiencing personal hardship due to the flooding. Community Recovery Hotline: People experiencing personal hardship due to the flooding can call 1800 173 349.
Australian Red Cross
Australian Red Cross assists communities prepare for, respond to, and recover from local disasters and emergencies such as flooding. With the help of Red Cross, you can also reconnect with family and friends through the National Registration and Inquiry System.
Centrelink
Centrelink has a range of payments and services that you may be eligible for to support you in an emergency or crisis, whether or not you are already a Centrelink customer. www.centrelink.gov.au/internet/internet.nsf/emergency/qld_flooding_dec10.htm
Queensland Health
For practical health advice during and after floods and after floods, call 13 43 25 84 or visit the Queensland Health website www.health.qld.gov.au/healthieryou/disaster/
General first aid for bites and stings
Equip yourself with first aid knowledge as animals, reptiles and insects move to higher ground to seek refuge from the flood water.
Loss of birth certificates and deferral of outstanding fines
Flood victims can now apply for free replacement birth, death, marriage or change-of-name certificates. Flood victims with outstanding fines with the State Penalties Enforcement Registry (SPER) can apply to have the fines temporarily deferred.
Natural Disaster Relief and Recovery Arrangements (NDRRA)
The NDRRA funding program helps Councils restore local infrastructure in the wake of a natural disaster.
Assistance for primary producers and small businesses
Assistance for primary producers and small business
The Queensland Government is providing financial assistance to primary producers and small businesses affected by the flooding.
Queensland Rural Adjustment Authority
Primary producers are urged to contact the Queensland Rural Adjustment Authority for assistance.
Financial counselling
To access a free confidential Queensland Government financial counselling service for primary producers, to help manage floods and other impacts.
Rebuilding and repairing homes
The Building Services Authority (BSA)
Information and advice for residents, builders and trade contractors on rebuilding and repairing damaged homes.
Electrical and workplace safety after flooding
Stay safe as you clean up after flooding. Be aware of electrical hazards and other general cleanup dangers including safe removal of asbestos and use of chainsaws.
Plumbing and flood damaged premises
Some simple advice for repairing your flood damaged pool fencing, plumbing and homes.
Insurance
If you have a question about your insurance policy, or need help identifying your insurer, call the Insurance Council of Australia's 24-hour emergency hotline on 1300 728 228.
The Insurance Council of Australia advises policyholders impacted by recent flood waters to make contact with their insurance companies, so claims can be assessed as soon as possible.
When residents are able to return to their properties and make their own initial assessment, if damage has been suffered they should immediately contact their insurer to lodge a claim and clear up any insurance queries they may have.
The Insurance Council encourages policyholders to:
• Make contact with your insurance company and seek advice about the claim process under your policy.
• Contact your insurer before authorising major repairs.
• Not be concerned if insurance documents have been lost or damaged due to the flood. Insurance companies keep records electronically and only require the policyholders' name and address in order to locate a policy.
• Consider removal of water and mud damaged possessions. Carpets and soft furnishings can be removed from the building as part of the clean up. But if possible take photos before removing your possessions so they can be inspected by your insurer.
• Make an inventory of the possessions that have been damaged as a result of the flood as this may assist in the claim process.
It is important to note that insurance policies vary. The Insurance Council advises policyholders to check with their insurer to see whether the following options are available:
• The cost of removing insured debris from your home and surrounding property. (Check before arranging collection). Local councils may assist with the removal.
• Temporary accommodation costs. (Conditions may apply - seek clarification prior to booking and paying for temporary accommodation).
For more insurance information and advice contact the Insurance Council of Australia on 1300 728 228. For dispute resolution you can also contact the Insurance Ombudsman Service.
Assistance for flooded households in South East Qld
Residents affected by flooding in South East Queensland can access assistance from the Queensland Government and partner agencies to help them recover from the effects of widespread flooding.
Communities Minister Karen Struthers said the Natural Disaster Relief and Recovery Arrangements had been activated in the Brisbane, Toowoomba, Ipswich, Lockyer Valley, Scenic Rim, and Somerset local government areas.
The recovery arrangement provides Personal Hardship Assistance grants to cover the costs of essential items such as food, clothing and accommodation.
Ms Struthers said people directly affected by having their homes flooded deserved all the support they could get.
Personal Hardship Assistance Grant
Personal Hardship Assistance may be available to individuals and families who do not have the capacity to meet immediate, unexpected basic costs for food, clothing, medical supplies or accommodation caused by the disaster.
This grant is a non-means tested once-off payment of $170 per person, up to a maximum of $850 for a family of five or more.
Personal Hardship Assistance are not means tested, however if you are seeking assistance you will need to establish that you have experienced, or will experience, personal hardship as a result of the disaster.
Individuals and families can express an interest in this grant by calling:
1800 173 349
“When weather permits Community Recovery outreach teams will be activated to visit and assess eligibility for additional assistance to people in affected communities.”
Eligibility for an Essential Household Contents Grant or a Structural Assistance Grant
Essential Household Contents Grants may be available to low-income families to help with the replacement or repair of uninsured, essential household contents which have been lost, damaged or destroyed by flooding.
Essential Household Contents Grant
An Essential Household Contents Grant may be available to people who own essential household contents that have been lost or damaged in the disaster and who do not have contents insurance.
This grant is a means tested once-off payment of up to $1,705 per adult, up to a maximum of $5,120 for a couple/family.
Eligible household contents may include cooking utensils, clothing, bedding and linen, floor coverings, essential furniture and white goods and food lost due to storm damage. The grant assists with the repair or replacement of essential items and maximum limits apply for individual items.
An income test will be applied to applications for this grant. If you are eligible, departmental officers will visit your home, to assess the damage and to complete an application form with you.
You can apply for this grant by calling 1800 173 349.
Structural Assistance Grant
A Structural Assistance Grant may be available to property owners whose home has been damaged by the disaster. The home must be uninsured for this disaster event, owned by the applicant and their sole place of residence at the time of the disaster. The grant provides a contribution towards repair of the residence to a habitable and secure condition.
This grant is a means tested once-off payment of up to $10,500 per individual, and up to $14,200 for a couple/family, less amounts paid as an Emergent Assistance Grant and/or Essential Household Contents Grant.
An income and assets test will be applied to applications for this grant. If you are eligible, departmental officers will visit your home to assess the damage and to complete an application form with you.
You can apply for this grant by calling 1800 173 349.
Other financial assistance
Financial assistance may also be available through other government agencies as follows:
The Australian Government Disaster Recovery Payment of $1,000 per eligible adult and $400 per child is available to eligible people adversely affected by the Queensland flooding. Centrelink also has a Disaster Income Recovery Subsidy and a range of other payments and services to support people in an emergency or crisis, whether or not you are already a Centrelink customer. For more information, visit the Centrelink website or call the Emergency Assistance Hotline on 180 2266.
Low interest rate loans of up to $250,000 for eligible primary producers and small businesses located within a disaster-declared area can be obtained through QRAA (Queensland Rural Adjustment Authority). For more information, visit QRAA or freecall 1800 623 946.
Grants up to $25,000 are available for primary producers and small businesses to pay for costs arising out of damage caused by the November and December flood crisis. Assistance is provided through an initial claim of up to $5,000 to assist with immediate early recovery and subsequent claim of up to $20,000 to repair direct flood damage. The maximum amount available under the scheme is $25,000. For more information, visit QRAA or freecall 1800 623 946.
Important contacts
• SES: 132 500
• Disaster Recovery Hotline: 1800 173 349
• Donate: 1800 219 028 (0600 – 2300 7 days)
• Centrelink: 180 22 66
• Insurance Council of Australia: 1300 728 228
• Volunteering Queensland: 1800 994 100
• General enquiries and assistance: 13 QGOV (13 74 68)
• Premier’s Flood Relief appeal - The best way is to donate to the Premier’s Flood Relief appeal: www.qld.gov.au/floods
• St Vincent de Paul Society Flood Appeal - St Vincent de Paul Society Queensland has opened the Vinnies Christmas Flood Appeal to assist Queenslanders affected by flooding. St Vincent de Paul Society Volunteers in affected areas report that what they need now is funds.
• http://www.qld.gov.au/floods/support.html\
• www.communityservices.qld.gov.au/community/community-recovery/support-assistance/support-assistance.html
Stacey Holt Real Estate Excellence http://www.realestattexcellence.com.au/
As the task of cleaning up following floodwater inundation begins in coming days, Council advises residents and business owners to follow these safety tips:
• If your home has been affected by floodwaters, contact a licensed electrician to do a safety check of wiring and switchboards before turning on the power. All electrical equipment that may have come into contact with floodwaters should also be checked by an electrician before using.
• Protect yourself from possible contaminants and bacteria in or left by floodwaters by always wearing rubber gloves and water resistant clothing, including gumboots. You should also wear goggles or a face mask to protect your eyes from any splashing water and cover any open wounds before you start cleaning.
• Make sure all gas and electricity is turned off while you clean up.
• Allow for adequate ventilation by opening windows and doors.
• Be aware that floors will be slippery, even after water has receded.
• Throw out any food that may have come into contact with floodwaters or perishables that would have spoiled due to power.
• Take photos of damaged furniture, draperies, appliances, dishes etc and then remove from your house. Brisbane City Council will have industrial bins available and a kerbside collection for flood damaged goods in affected areas once floodwaters recede. Detailed information of industrial bin locations, kerbside collection areas and times will be advised as soon as possible.
• Watch out for snakes that may have entered your house to escape floodwaters.
Residents in impacted areas can use as much water as necessary to clean flood affected areas but are encouraged to be wise about water use by using high pressure hoses or hose nozzles. Residents in areas not affected by the floods are encouraged to be wise about their water use due to the huge demand on water supplies as the clean up gets underway.
Those residents who have not been affected by the flooding are encouraged to assist neighbours, friends and their local communities in clean up operations.
Financial relief
Brisbane City Council advises that due to the recent flood event, Brisbane ratepayers will be provided with the following financial relief:
• Flood victims will receive an extra 30 days to pay rates bills
• All Brisbane ratepayers in flood affected homes will receive a $100 rebate on their water bill so that they can use the water needed to clean up after the flood.
• Council will not operate parking meters nor enforce timed parking zones and parking bays for 30 days in flood affected areas.
Council advises affected residents to contact their service providers to arrange extensions on any other bills.
Waste
All Council transfer stations are accepting general and green waste free of charge.
There will be no general waste, recycling or green waste bin collections or SITA bulk bin collections until 17 January 2010. Please do not place bins out for collection.
Priority will be given to waste bins during the flood crisis with recycle and green waste bins being a second priority.
Friday, January 14, 2011
Free Public Transport to help with SEQ flood recovery
Anna Bligh has announced that the State Government will provide free public transport for a week to help with the initial flood recovery in South East Queensland.
Ms Bligh said all public transport in Queensland’s south east would be free for a week from today (Friday 14 January).
“Our public transport network is vital to the region’s recovery,” she said.
“Many people don’t have cars, and many others have lost them in the floods. I’m also sure there are also numerous residents who’ve lost their Go Cards.
“We want to help as much as possible and making the network free for a week will keep unnecessary cars off the road, help people do some shopping and get around to help others if needed.
Minister for Transport Rachel Nolan said the measure was intended to assist the flood recovery.
“Let me be clear. This isn’t a ticket to rubberneck. It remains the case that non-essential travel is not encouraged,” she said.
“I know it’s not a lot compared to what some people have lost but every little bit helps.
“We’ve never offered free public transport on this scale, for this long, before.
“It’s unprecedented, but so is the damage and devastation we’ve seen to the lives of so many Queenslanders.”
Ms Nolan said planned fare rises would still go ahead when fares were reinstituted from Saturday 22January.
“We face a massive task of rebuilding our damaged public transport network,” Ms Nolan said.
“And keeping quality services running is vital.
“Every extra cent we receive from these fare increases will go into services and helping rebuild our public transport network.
“That means more seats on buses and more seats on trains.”
Ms Nolan said the State Government would continue to support a large ongoing subsidy for public transport services in the region.
Moneycare
The Salvation Army's Moneycare is a free and confidential financial counselling service for people facing financial difficulties or wanting to avoid financial difficulties in the future. Staff are able to help with a range of issues including budgeting, credit, debt and repossession.
Community Services Centres
Our network of community services centres nationally also provide limited practical assistance for low-income families and individuals who are struggling to make ends meet.
To access support, contact your nearest community services centre and make an appointment. You will be assessed according to need and the resources available at the centre. Please be aware that demand for these services is much greater than our ability to respond.
Community Services assistance may include:
• Cash/ cheque
• Food vouchers or parcels
• Toys and food hampers at Christmas
• Clothing, furniture and other household items
• Accommodation
• Housing costs
• Electricity, gas, rates and other bills
• Public transport fares
• Medical and educational expenses
QLD support services
Brisbane Central Community Services Centre
97 Turbot Street BRISBANE QLD 4000
PO Box 13688 George Street BRISBANE QLD 4003
Ph 07 3211 9230
Fax 07 3211 9234
Caboolture Community Services Centre
21 Mary Street CABOOLTURE QLD 4510
Ph 07 5499 0753
Caloundra Community Services Centre
2 Coora Crescent CURRIMUNDI QLD 4551
Ph 07 5493 6053
Fax 07 5493 8028
Elanora Community Services Centre
Kalamunda Close ELANORA QLD 4221
Ph 07 5521 0997
Greenslopes Community Services Centre
481 Logan Road GREENSLOPES QLD 4120
PO Box 221 STONES CORNER QLD 4120
Ph 07 3394 4184
Fax 07 3324 2409
Inala Community Services Centre
83 Inala Avenue INALA QLD 4077
PO Box 1050 INALA EAST QLD 4077
Ph 07 3372 1889
Fax 07 3278 9342
Inidenous Ministries Community Services Centre
80 Downs Street NORTH IPSWICH QLD 4305
Ph 07 3812 3005
Ipswich Community Services Centre
14 Ellenborough Street IPSWICH QLD 4305
PO Box 227 IPSWICH QLD 4305
Ph 07 3812 2462
Fax 07 3812 3818
Lockyer Valley Community Services Centre
18 Railway Street GATTON QLD 4343
Ph 07 5462 5729
Tuesday and Wednesday, 10am-12pm
Logan City Community Services Centre
8 Blackwood Road WOODRIDGE QLD 4114
PO Box 816 WOODRIDGE QLD 4114
Ph 07 3808 2564
Fax 07 3290 0310
Maroochydore Community Services Centre
Cnr Broadmeadows & Maroochydore Roads MAROOCHYDORE QLD 4558
Ph 07 5443 7775
Maryborough Community Services Centre
Cnr Bazaar & Alice Streets MARYBOROUGH QLD 4650
Ph 07 4121 0182
Nambour Community Services Centre
4 Maud Street NAMBOUR QLD 4560
Ph 07 5441 5538
Fax 07 5476 0792
Nerang Community Services Centre
Shop 5, Dalmar Centre, 43-45 Price Street NERANG QLD 4211
PO Box 599 NERANG QLD 4211
Ph 07 5596 0764
Fax 07 5527 4681
Noosa Community Services Centre
6-8 Bartlett Street NOOSAVILLE QLD 4566
Ph 07 5449 7250
North Brisbane Church Community Welfare Centre
Cnr Handford & Roghan Roads TAIGUM QLD 4018
PO Box 155 TAIGUM QLD 4018
Ph 07 3865 1416
Fax 07 3265 5841
Pine Rivers Community Services Centre
27-29 Lawnton Pocket Road LAWNTON QLD 4501
Ph 07 3285 2401
Fax 07 3285 3918
Southport Community Services Centre
3/80 Davenport Street SOUTHPORT QLD 4215
PO Box 1680 SOUTHPORT QLD 4215
Ph 07 5591 2729
Fax 07 5591 1216
Toowoomba Community Services Centre
10 Snell Street TOOWOOMBA VILLAGE FAIR QLD 4350
PO Box 3069 TOOWOOMBA VILLAGE FAIR QLD 4350
Ph 07 4632 4133
Fax 07 4632 9519
Warwick Community Services Centre
77 Grafton Street WARWICK QLD 4370
Ph (07) 4661 1031
All appointments are made through Centrelink
Wynnum/Capalaba Community Services Centre
107 Akonna Street WYNNUM QLD 4178
PO Box 701 WYNNUM QLD 4178
Ph 07 3393 4713
Fax 07 3393 5066
Support and assistance
Community recovery
Community Services
Updates and types of support available for people experiencing personal hardship due to the flooding. Community Recovery Hotline: People experiencing personal hardship due to the flooding can call 1800 173 349.
Australian Red Cross
Australian Red Cross assists communities prepare for, respond to, and recover from local disasters and emergencies such as flooding. With the help of Red Cross, you can also reconnect with family and friends through the National Registration and Inquiry System.
Centrelink
Centrelink has a range of payments and services that you may be eligible for to support you in an emergency or crisis, whether or not you are already a Centrelink customer. www.centrelink.gov.au/internet/internet.nsf/emergency/qld_flooding_dec10.htm
Queensland Health
For practical health advice during and after floods and after floods, call 13 43 25 84 or visit the Queensland Health website www.health.qld.gov.au/healthieryou/disaster/
General first aid for bites and stings
Equip yourself with first aid knowledge as animals, reptiles and insects move to higher ground to seek refuge from the flood water.
Loss of birth certificates and deferral of outstanding fines
Flood victims can now apply for free replacement birth, death, marriage or change-of-name certificates. Flood victims with outstanding fines with the State Penalties Enforcement Registry (SPER) can apply to have the fines temporarily deferred.
Natural Disaster Relief and Recovery Arrangements (NDRRA)
The NDRRA funding program helps Councils restore local infrastructure in the wake of a natural disaster.
Assistance for primary producers and small businesses
Assistance for primary producers and small business
The Queensland Government is providing financial assistance to primary producers and small businesses affected by the flooding.
Queensland Rural Adjustment Authority
Primary producers are urged to contact the Queensland Rural Adjustment Authority for assistance.
Financial counselling
To access a free confidential Queensland Government financial counselling service for primary producers, to help manage floods and other impacts.
Rebuilding and repairing homes
The Building Services Authority (BSA)
Information and advice for residents, builders and trade contractors on rebuilding and repairing damaged homes.
Electrical and workplace safety after flooding
Stay safe as you clean up after flooding. Be aware of electrical hazards and other general cleanup dangers including safe removal of asbestos and use of chainsaws.
Plumbing and flood damaged premises
Some simple advice for repairing your flood damaged pool fencing, plumbing and homes.
Insurance
If you have a question about your insurance policy, or need help identifying your insurer, call the Insurance Council of Australia's 24-hour emergency hotline on 1300 728 228.
The Insurance Council of Australia advises policyholders impacted by recent flood waters to make contact with their insurance companies, so claims can be assessed as soon as possible.
When residents are able to return to their properties and make their own initial assessment, if damage has been suffered they should immediately contact their insurer to lodge a claim and clear up any insurance queries they may have.
The Insurance Council encourages policyholders to:
• Make contact with your insurance company and seek advice about the claim process under your policy.
• Contact your insurer before authorising major repairs.
• Not be concerned if insurance documents have been lost or damaged due to the flood. Insurance companies keep records electronically and only require the policyholders' name and address in order to locate a policy.
• Consider removal of water and mud damaged possessions. Carpets and soft furnishings can be removed from the building as part of the clean up. But if possible take photos before removing your possessions so they can be inspected by your insurer.
• Make an inventory of the possessions that have been damaged as a result of the flood as this may assist in the claim process.
It is important to note that insurance policies vary. The Insurance Council advises policyholders to check with their insurer to see whether the following options are available:
• The cost of removing insured debris from your home and surrounding property. (Check before arranging collection). Local councils may assist with the removal.
• Temporary accommodation costs. (Conditions may apply - seek clarification prior to booking and paying for temporary accommodation).
For more insurance information and advice contact the Insurance Council of Australia on 1300 728 228. For dispute resolution you can also contact the Insurance Ombudsman Service.
Assistance for flooded households in South East Qld
Residents affected by flooding in South East Queensland can access assistance from the Queensland Government and partner agencies to help them recover from the effects of widespread flooding.
Communities Minister Karen Struthers said the Natural Disaster Relief and Recovery Arrangements had been activated in the Brisbane, Toowoomba, Ipswich, Lockyer Valley, Scenic Rim, and Somerset local government areas.
The recovery arrangement provides Personal Hardship Assistance grants to cover the costs of essential items such as food, clothing and accommodation.
Ms Struthers said people directly affected by having their homes flooded deserved all the support they could get.
Personal Hardship Assistance Grant
Personal Hardship Assistance may be available to individuals and families who do not have the capacity to meet immediate, unexpected basic costs for food, clothing, medical supplies or accommodation caused by the disaster.
This grant is a non-means tested once-off payment of $170 per person, up to a maximum of $850 for a family of five or more.
Personal Hardship Assistance are not means tested, however if you are seeking assistance you will need to establish that you have experienced, or will experience, personal hardship as a result of the disaster.
Individuals and families can express an interest in this grant by calling:
1800 173 349
“When weather permits Community Recovery outreach teams will be activated to visit and assess eligibility for additional assistance to people in affected communities.”
Eligibility for an Essential Household Contents Grant or a Structural Assistance Grant
Essential Household Contents Grants may be available to low-income families to help with the replacement or repair of uninsured, essential household contents which have been lost, damaged or destroyed by flooding.
Essential Household Contents Grant
An Essential Household Contents Grant may be available to people who own essential household contents that have been lost or damaged in the disaster and who do not have contents insurance.
This grant is a means tested once-off payment of up to $1,705 per adult, up to a maximum of $5,120 for a couple/family.
Eligible household contents may include cooking utensils, clothing, bedding and linen, floor coverings, essential furniture and white goods and food lost due to storm damage. The grant assists with the repair or replacement of essential items and maximum limits apply for individual items.
An income test will be applied to applications for this grant. If you are eligible, departmental officers will visit your home, to assess the damage and to complete an application form with you.
You can apply for this grant by calling 1800 173 349.
Structural Assistance Grant
A Structural Assistance Grant may be available to property owners whose home has been damaged by the disaster. The home must be uninsured for this disaster event, owned by the applicant and their sole place of residence at the time of the disaster. The grant provides a contribution towards repair of the residence to a habitable and secure condition.
This grant is a means tested once-off payment of up to $10,500 per individual, and up to $14,200 for a couple/family, less amounts paid as an Emergent Assistance Grant and/or Essential Household Contents Grant.
An income and assets test will be applied to applications for this grant. If you are eligible, departmental officers will visit your home to assess the damage and to complete an application form with you.
You can apply for this grant by calling 1800 173 349.
Other financial assistance
Financial assistance may also be available through other government agencies as follows:
The Australian Government Disaster Recovery Payment of $1,000 per eligible adult and $400 per child is available to eligible people adversely affected by the Queensland flooding. Centrelink also has a Disaster Income Recovery Subsidy and a range of other payments and services to support people in an emergency or crisis, whether or not you are already a Centrelink customer. For more information, visit the Centrelink website or call the Emergency Assistance Hotline on 180 2266.
Low interest rate loans of up to $250,000 for eligible primary producers and small businesses located within a disaster-declared area can be obtained through QRAA (Queensland Rural Adjustment Authority). For more information, visit QRAA or freecall 1800 623 946.
Grants up to $25,000 are available for primary producers and small businesses to pay for costs arising out of damage caused by the November and December flood crisis. Assistance is provided through an initial claim of up to $5,000 to assist with immediate early recovery and subsequent claim of up to $20,000 to repair direct flood damage. The maximum amount available under the scheme is $25,000. For more information, visit QRAA or freecall 1800 623 946.
Important contacts
• SES: 132 500
• Disaster Recovery Hotline: 1800 173 349
• Donate: 1800 219 028 (0600 – 2300 7 days)
• Centrelink: 180 22 66
• Insurance Council of Australia: 1300 728 228
• Volunteering Queensland: 1800 994 100
• General enquiries and assistance: 13 QGOV (13 74 68)
• Premier’s Flood Relief appeal - The best way is to donate to the Premier’s Flood Relief appeal: www.qld.gov.au/floods
• St Vincent de Paul Society Flood Appeal - St Vincent de Paul Society Queensland has opened the Vinnies Christmas Flood Appeal to assist Queenslanders affected by flooding. St Vincent de Paul Society Volunteers in affected areas report that what they need now is funds.
• http://www.qld.gov.au/floods/support.html\
• www.communityservices.qld.gov.au/community/community-recovery/support-assistance/support-assistance.html
Stacey Holt Real Estate Excellence http://www.realestattexcellence.com.au/
January 13, 2011
Disaster Recovery Management Guide for the Real Estate Industry
Disaster Recovery Recommendations
Often property managers overlook the need to take care of themselves and to monitor their own emotional and physical health – especially in times of high stress situations such as the Queensland flood occurrence. Taking care of yourself will help you to stay focused and maintain the skills necessary to help ensure your own safety and health, plus achieve the goals necessary to get through any disaster and high stress situation.
Here are some simple tips for self-care - and remember to look after you.
What you can do to look after yourself
Pace yourself where possible. Recovery management may continue for weeks and months. Set reasonable goals that can be achieved. Break tasks into manageable realistic pieces.
Take frequent rest breaks. Mental fatigue over long periods can place you at increased risk for injury and stress related conditions.
Be conscious of those around you. Colleagues who are exhausted, feeling stressed or even temporarily distracted may need support.
Maintain as normal a schedule as possible: regular eating and sleeping are crucial. Where possible, follow a team schedule and rotation.
Make sure that you drink plenty of fluids such as water and juices.
Try to eat a variety of foods and increase your intake of complex carbohydrates (for example, breads made with whole grains, muesli bars).
Whenever possible, take breaks away from the work area. Eat away from the office and enjoy some of the great things in life such as walking around a park or sitting under a tree.
Recognise and accept what you cannot change— waiting, tradespeople, insurance assessors etc.
Talk to people when YOU feel like it. You decide when you want to discuss your experience. Choose your own comfort level.
Give yourself permission to feel tired / frustrated / fed up: you are in a difficult situation.
Communicate with your licensee at all times and tell them how you are feeling.
What you can do to look after yourself at home
Your family will experience the disaster along with you. You need to support each other. This is a time for patience, understanding, and communication.
Avoid overuse of alcohol, tobacco and sugar.
Rest regularly, even if you can only do it for a short time.
Do something about bodily tension, such as exercises.
Eat well balanced, regular meals.
Do not make any big life decisions.
Spend time with others or alone to help refresh and recharge yourself.
Let others carry more weight for a while at home.
Appreciate a sense of humour in yourself and others.
What you can do to look after your health
Avoid unnecessary direct contact with floodwater.
Wear appropriate personal protection including sturdy enclosed footwear.
Practice high levels of personal hygiene, washing or sanitising hands frequently and especially prior to eating or smoking, if smokers.
If any staff sustains an injury, first aid should be applied and medical attention sought immediately. (Licensee must be notified immediately)
To prevent mosquito borne diseases, Queensland Health recommends tropical strength repellent containing the chemical DEET or repellents containing the chemical picaridin. Users should always read the label and follow the manufacturer’s guidelines regarding re-application and use.
When inspecting property, if in doubt about health or safety DO NOT ENTER. Organise appropriate contractors to enter and assess the property situation.
What you can do to assist members of the public in distress
• Experiencing stress after a prolonged emergency is to be expected. Members of the public will soon be returning to their homes and begin the clean up and recovery phase of the flood. Please be aware that for many they may experience strong emotions and other signs of distress. (Queensland Government, Queensland Health Factsheet. Stress after emergencies)
• The longer the emergency lasts, the stronger the symptoms are likely to be. Often stress starts while the emergency is on, but it may be worse after it is over. This is the rebound to the extra efforts that have been made during the crisis. Stress is normal and natural, but needs to be understood so it does not cause further problems. When dealing with the public please consider the symptoms associated with stress responses, for example -
Trouble thinking clearly, planning, making decisions; ruminating about problems, and forgetfulness.
Being detached, not caring anymore, irritability, bad temperedness, being impatient and restless, unable to relax or keep still, feeling overwhelmed with everything; tearfulness.
• Although difficult at times, please be patient where possible and link those displaying symptoms of stress with community support agencies where possible such as the Red Cross, Lifeline and The Salvation Army.
• The Australian Government can provide some financial aid to those directly affected by the floods – www.centrelink.gov.au
This information has been provided by www.police.qld.gov.au – Queensland Police Service and has been edited to be Real Estate Industry specific by Stacey Holt Real Estate Excellence.
http://www.realestateexcellence.com.au/
PART ONE
Often property managers overlook the need to take care of themselves and to monitor their own emotional and physical health – especially in times of high stress situations such as the Queensland flood occurrence. Taking care of yourself will help you to stay focused and maintain the skills necessary to help ensure your own safety and health, plus achieve the goals necessary to get through any disaster and high stress situation.
Here are some simple tips for self-care - and remember to look after you.
What you can do to look after yourself
Pace yourself where possible. Recovery management may continue for weeks and months. Set reasonable goals that can be achieved. Break tasks into manageable realistic pieces.
Take frequent rest breaks. Mental fatigue over long periods can place you at increased risk for injury and stress related conditions.
Be conscious of those around you. Colleagues who are exhausted, feeling stressed or even temporarily distracted may need support.
Maintain as normal a schedule as possible: regular eating and sleeping are crucial. Where possible, follow a team schedule and rotation.
Make sure that you drink plenty of fluids such as water and juices.
Try to eat a variety of foods and increase your intake of complex carbohydrates (for example, breads made with whole grains, muesli bars).
Whenever possible, take breaks away from the work area. Eat away from the office and enjoy some of the great things in life such as walking around a park or sitting under a tree.
Recognise and accept what you cannot change— waiting, tradespeople, insurance assessors etc.
Talk to people when YOU feel like it. You decide when you want to discuss your experience. Choose your own comfort level.
Give yourself permission to feel tired / frustrated / fed up: you are in a difficult situation.
Communicate with your licensee at all times and tell them how you are feeling.
What you can do to look after yourself at home
Your family will experience the disaster along with you. You need to support each other. This is a time for patience, understanding, and communication.
Avoid overuse of alcohol, tobacco and sugar.
Rest regularly, even if you can only do it for a short time.
Do something about bodily tension, such as exercises.
Eat well balanced, regular meals.
Do not make any big life decisions.
Spend time with others or alone to help refresh and recharge yourself.
Let others carry more weight for a while at home.
Appreciate a sense of humour in yourself and others.
What you can do to look after your health
Avoid unnecessary direct contact with floodwater.
Wear appropriate personal protection including sturdy enclosed footwear.
Practice high levels of personal hygiene, washing or sanitising hands frequently and especially prior to eating or smoking, if smokers.
If any staff sustains an injury, first aid should be applied and medical attention sought immediately. (Licensee must be notified immediately)
To prevent mosquito borne diseases, Queensland Health recommends tropical strength repellent containing the chemical DEET or repellents containing the chemical picaridin. Users should always read the label and follow the manufacturer’s guidelines regarding re-application and use.
When inspecting property, if in doubt about health or safety DO NOT ENTER. Organise appropriate contractors to enter and assess the property situation.
What you can do to assist members of the public in distress
• Experiencing stress after a prolonged emergency is to be expected. Members of the public will soon be returning to their homes and begin the clean up and recovery phase of the flood. Please be aware that for many they may experience strong emotions and other signs of distress. (Queensland Government, Queensland Health Factsheet. Stress after emergencies)
• The longer the emergency lasts, the stronger the symptoms are likely to be. Often stress starts while the emergency is on, but it may be worse after it is over. This is the rebound to the extra efforts that have been made during the crisis. Stress is normal and natural, but needs to be understood so it does not cause further problems. When dealing with the public please consider the symptoms associated with stress responses, for example -
Trouble thinking clearly, planning, making decisions; ruminating about problems, and forgetfulness.
Being detached, not caring anymore, irritability, bad temperedness, being impatient and restless, unable to relax or keep still, feeling overwhelmed with everything; tearfulness.
• Although difficult at times, please be patient where possible and link those displaying symptoms of stress with community support agencies where possible such as the Red Cross, Lifeline and The Salvation Army.
• The Australian Government can provide some financial aid to those directly affected by the floods – www.centrelink.gov.au
This information has been provided by www.police.qld.gov.au – Queensland Police Service and has been edited to be Real Estate Industry specific by Stacey Holt Real Estate Excellence.
http://www.realestateexcellence.com.au/
January 12, 2011
Flood Disaster Management Best Practice Guide - Updated
The following steps are best practice suggestions for licensees and property managers when faced with flood disasters when managing rental property.
• Start a separate disaster management journal (such as January floods 2011) for entry of all reported damage and incidents of properties managed. This could be kept either electronically or in a paper based manner; as long as it is easily accessible by all staff. Also ensure appropriate diary notes and paperwork are placed in computer software and the property file. Draw up six columns to record the following;
o Date
o Property
o Damage reported and by whom
o Insurance policy number (once advised by lessor)
o Action taken
o Task completed (once all works are finalised)
• Alternatively ensure two copies are made of any maintenance forms; one to be centralised in one file for follow up and management over coming weeks and months.
• Direct staff who are taking phone calls from tenants and any notification of damage that the incident is to be recorded in the disaster management journal.
• Prioritise the damage to property and tenant situation and work on the highest priority first and make your way through the list.
• Contact lessors of known property damage and advise of the situation. (further information is below on procedures).
• Contact tenants of suspected flood damaged property and the tenants of property who have reported damage. Provide them with the RTA Fact sheet on Natural Disasters. If the property is completely unihabitable, advise the tenant that the tenancy most likely will lawfully end. Advise that discussions will be needed with the lessor prior and more information will be provided. If the property is not completely unlivable and has only sustained ‘minor’ flood damage, advise the tenant that the lessor will be contacted to discuss the matter further.
• In regards to the tenant’s own property being damaged, advise them to contact their personal contents insurance company. Regrettably some tenants will not have their own personal insurance; in this event, advise tenants that the lessor will be advised and all attempts will be made to ascertain if the lessor’s insurance will cover the situation. In most cases, the lessor’s insurance will not cover the tenants belongings.
• There is no legislative duty for lessors to provide tenants with alternative accomodation in times of natural disasters; however this may be recommended in some cases as a sign of good faith however many lessors may not be in a situation to afford this option. Lessors may wish to contact their insurance companies to identify if there is any coverage for this situation.
• The Residential Tenancies and Rooming Accomodation Act 2008 (Qld) RTRA Act allows for tenancies to either end (if completely unliveable) or rent decreases to be negotiated, in circumstances of partial non liveability.
• Contact lessors accordingly and advise the current status of their property and that more information will be provided where required and when obtained. Provide lessors with the RTA Fact Sheet on Natural Disasters – link supplied on page five of this guide. If the property is not liveable, advise the lessor that the RTRA Act allows for the tenancy to end on the same day. If the property is partially unfit to live in and/or has suffered minor damage, advise the lessor of the provisions of the RTRA Act which allow for a negotiated rent decrease during the period of repair. (see section below)
• Advise lessors to contact their insurance companies (contents, building and landlord insurance) to report the incident and to start the process of making a claim. Advise lessors to start the claim paperwork process.
• Advise lessors to provide the following information in writing to your agency
o the insurer, contact phone details (email and phone number) and name of contact (if possible)
o the insurance policy number;
o the claim number and
o the insurance paperwork (mostly completed) for finalisation once required works are carried out.
• Explain to lessors that due to the large volume of properties and people affected, all communicaton to be in writing in regards to this matter.
• Contact the agency preferred tradespeople/contractors in regards to high priority jobs and allocate work. Follow up the contact with a written work order. In high damage property (or if any doubt), contact the insurer for advice before proceeding.
• Assess progress of high priority work daily until tasks completed. Keep in regular communication with lessors and tenants as to progress and for great customer service. Ensure the disaster management journal is maintained.
• Once the majority of the works are considerably under control, arrange for routine inspections to check on properties that have had minor damage. Ensure photos are taken, extensive visual reports are provided to lessors and take action as appropriate (such as advising lessors to make insurance claims for particular cases)
• Following are the relevant sections from the RTRA Act for rent decreases and ending the tenancy due to non liveability (agreement frustrated). The relevant provisions are highlighted via shading below. Ensure the RTA Form 12 Notice to Leave is conmpleted to end the tenancy lawfully and that any rent decrease agreements are completed in writing. Tenants can also issue a RTA Form 13 to end the tenancy. Obtain lessors written instructions and provide an agreement with the tenant in which they should sign. The agreement should allow for how much the rent will decrease by, and for how long. Also ensure is made in the agreement for when the rent is to go back to the orginal agreement amount.
• If agreement cannot be reached for the rent decrease amount, complete the RTA Form 16 Dispute Resolution and seek mediation assistance. If dispute resolution is not successful, the matter may need to be referred to Tribunal as a non urgent application (within 7 days of the unsuccessful dispute resolution number being provided by the RTA).
94 Rent decreases
(1) This section applies if the premises—
(a) are destroyed, or made completely or partly unfit to live
in, in a way that does not result from a breach of the
agreement; or
(b) no longer may be used lawfully as a residence; or
(c) are appropriated or acquired compulsorily by an
authority.
(2) This section also applies if—
(a) services, facilities or goods to be provided to the tenant
under the agreement are no longer available or are
withdrawn other than because the tenant failed to meet
the tenant’s obligations under the agreement; or
(b) the amenity or standard of the premises decreases
substantially other than because of malicious damage
caused by the tenant.
(3) The rent payable under the agreement decreases accordingly
or, if an order for a decrease in the rent is made by a tribunal,
to the extent stated in the order.
(4) A tribunal may make an order for a rent decrease only if—
(a) the tenant applies to the tribunal for the order; and
(b) if this section applies because of subsection (1)—the
premises are partly unfit to live in.
329 Handover day for notice to leave for premises that are not
moveable dwelling premises
(1) This section applies only to notices to leave given for
premises that are not moveable dwelling premises.
(2) The handover day for a notice to leave given by the lessor
must not be earlier than—
(a) if the notice is given because of an unremedied breach
and the breach is a failure to pay rent—7 days after the
notice is given; or
(b) if the notice is given because of an unremedied breach
and the notice is not a notice to which paragraph (a)
applies—14 days after the notice is given; or
(c) if the notice is given because of noncompliance (tribunal
order)—7 days after the notice is given; or
(d) if the notice is given because of non-livability—the day
the notice is given; or
(e) if the notice is given because of compulsory
acquisition—2 months after the notice is given; or
(f) if the notice is given because of a sale contract—4
weeks after the notice is given; or
(g) if the notice is given because of ending of entitlement
under employment—4 weeks after the notice is given;
or
(h) if the notice is given because of ending of
accommodation assistance—4 weeks after the notice is
given; or
(i) if the notice is given because of ending of housing
assistance—2 months after the notice is given; or
(j) if the notice is given without ground for a periodic
agreement—2 months after the notice is given; or
(k) if the notice is given without ground for a fixed term
agreement—the later of—
(i) 2 months after the notice is given; or
(ii) the day the term of the agreement ends.
(3) Nothing prevents a notice to leave under subsection (2)(k)
being given at any time before the end of the term of the fixed
term agreement.
284 Notice to leave if agreement frustrated
(1) The lessor may give a notice to leave the premises to the
tenant because the premises—
(a) have been destroyed, or made completely or partly unfit
to live in, other than because of a breach of the
agreement; or
(b) no longer may be used lawfully as a residence; or
(c) have been appropriated or acquired compulsorily by an
authority.
(2) A notice to leave under this section must be given within 1
month after the happening of the event mentioned in
subsection (1).
(3) A notice to leave under subsection (1)(a) or (b) is called a
notice to leave for non-livability.
Editor’s note—
See sections 329(2)(d) (Handover day for notice to leave for premises
that are not moveable dwelling premises) and 330(2)(d) (Handover day
for notice to leave for moveable dwelling premises) for requirements
about the handover day for a notice to leave given because of
non-livability.
(4) A notice to leave under subsection (1)(c) is called a notice to
leave for compulsory acquisition.
Editor’s note—
See sections 329(2)(e) (Handover day for notice to leave for premises
that are not moveable dwelling premises) and 330(2)(e) (Handover day
for notice to leave for moveable dwelling premises) for requirements
about the handover day for a notice to leave given because of
compulsory acquisition.
305 Notice of intention to leave if agreement frustrated
(1) The tenant may give a notice of intention to leave the
premises to the lessor because the premises—
(a) have been destroyed, or made completely or partially
unfit to live in, other than because of a breach of the
agreement; or
(b) no longer may be used lawfully as a residence; or
(c) have been appropriated or acquired compulsorily by an
authority.
(2) A notice of intention to leave under this section must be given
within 1 month after the happening of the event mentioned in
subsection (1).
(3) A notice of intention to leave under subsection (1)(a) or (b) is
called a notice of intention to leave for non-livability.
(4) A notice of intention to leave under subsection (1)(c) is called
a notice of intention to leave for compulsory acquisition.
RTA Fact Sheet on Natural Disasters
Download the RTA Fact Sheet from http://www.realestateexcellence.com.au/education-and-training-events-real-estate-excellence/cat_view/36-queensland-compliance-and-legislation/6-residential-tenancies-authority-rta or www.rta.qld.gov.au
Members requiring further advice or assistance
Platinum EXCLUSIVE, Individual Platinum EXCLUSIVE and Gold SOLE Real Estate Excellence Members are encouraged to email or phone Stacey Holt anytime if more advice, information or support is required;
Email stacey.holt@realestateexcellence.com.au Phone 0423 018 539/07 3161 1865
Non - Members requiring further advice or assistance
Contact the RTA on 1300 366 311 during business hours or visit http://www.rta.qld.gov.au/
(c) Stacey Holt Real Estate Excellence - http://www.realestateexcellence.com.au/
• Start a separate disaster management journal (such as January floods 2011) for entry of all reported damage and incidents of properties managed. This could be kept either electronically or in a paper based manner; as long as it is easily accessible by all staff. Also ensure appropriate diary notes and paperwork are placed in computer software and the property file. Draw up six columns to record the following;
o Date
o Property
o Damage reported and by whom
o Insurance policy number (once advised by lessor)
o Action taken
o Task completed (once all works are finalised)
• Alternatively ensure two copies are made of any maintenance forms; one to be centralised in one file for follow up and management over coming weeks and months.
• Direct staff who are taking phone calls from tenants and any notification of damage that the incident is to be recorded in the disaster management journal.
• Prioritise the damage to property and tenant situation and work on the highest priority first and make your way through the list.
• Contact lessors of known property damage and advise of the situation. (further information is below on procedures).
• Contact tenants of suspected flood damaged property and the tenants of property who have reported damage. Provide them with the RTA Fact sheet on Natural Disasters. If the property is completely unihabitable, advise the tenant that the tenancy most likely will lawfully end. Advise that discussions will be needed with the lessor prior and more information will be provided. If the property is not completely unlivable and has only sustained ‘minor’ flood damage, advise the tenant that the lessor will be contacted to discuss the matter further.
• In regards to the tenant’s own property being damaged, advise them to contact their personal contents insurance company. Regrettably some tenants will not have their own personal insurance; in this event, advise tenants that the lessor will be advised and all attempts will be made to ascertain if the lessor’s insurance will cover the situation. In most cases, the lessor’s insurance will not cover the tenants belongings.
• There is no legislative duty for lessors to provide tenants with alternative accomodation in times of natural disasters; however this may be recommended in some cases as a sign of good faith however many lessors may not be in a situation to afford this option. Lessors may wish to contact their insurance companies to identify if there is any coverage for this situation.
• The Residential Tenancies and Rooming Accomodation Act 2008 (Qld) RTRA Act allows for tenancies to either end (if completely unliveable) or rent decreases to be negotiated, in circumstances of partial non liveability.
• Contact lessors accordingly and advise the current status of their property and that more information will be provided where required and when obtained. Provide lessors with the RTA Fact Sheet on Natural Disasters – link supplied on page five of this guide. If the property is not liveable, advise the lessor that the RTRA Act allows for the tenancy to end on the same day. If the property is partially unfit to live in and/or has suffered minor damage, advise the lessor of the provisions of the RTRA Act which allow for a negotiated rent decrease during the period of repair. (see section below)
• Advise lessors to contact their insurance companies (contents, building and landlord insurance) to report the incident and to start the process of making a claim. Advise lessors to start the claim paperwork process.
• Advise lessors to provide the following information in writing to your agency
o the insurer, contact phone details (email and phone number) and name of contact (if possible)
o the insurance policy number;
o the claim number and
o the insurance paperwork (mostly completed) for finalisation once required works are carried out.
• Explain to lessors that due to the large volume of properties and people affected, all communicaton to be in writing in regards to this matter.
• Contact the agency preferred tradespeople/contractors in regards to high priority jobs and allocate work. Follow up the contact with a written work order. In high damage property (or if any doubt), contact the insurer for advice before proceeding.
• Assess progress of high priority work daily until tasks completed. Keep in regular communication with lessors and tenants as to progress and for great customer service. Ensure the disaster management journal is maintained.
• Once the majority of the works are considerably under control, arrange for routine inspections to check on properties that have had minor damage. Ensure photos are taken, extensive visual reports are provided to lessors and take action as appropriate (such as advising lessors to make insurance claims for particular cases)
• Following are the relevant sections from the RTRA Act for rent decreases and ending the tenancy due to non liveability (agreement frustrated). The relevant provisions are highlighted via shading below. Ensure the RTA Form 12 Notice to Leave is conmpleted to end the tenancy lawfully and that any rent decrease agreements are completed in writing. Tenants can also issue a RTA Form 13 to end the tenancy. Obtain lessors written instructions and provide an agreement with the tenant in which they should sign. The agreement should allow for how much the rent will decrease by, and for how long. Also ensure is made in the agreement for when the rent is to go back to the orginal agreement amount.
• If agreement cannot be reached for the rent decrease amount, complete the RTA Form 16 Dispute Resolution and seek mediation assistance. If dispute resolution is not successful, the matter may need to be referred to Tribunal as a non urgent application (within 7 days of the unsuccessful dispute resolution number being provided by the RTA).
94 Rent decreases
(1) This section applies if the premises—
(a) are destroyed, or made completely or partly unfit to live
in, in a way that does not result from a breach of the
agreement; or
(b) no longer may be used lawfully as a residence; or
(c) are appropriated or acquired compulsorily by an
authority.
(2) This section also applies if—
(a) services, facilities or goods to be provided to the tenant
under the agreement are no longer available or are
withdrawn other than because the tenant failed to meet
the tenant’s obligations under the agreement; or
(b) the amenity or standard of the premises decreases
substantially other than because of malicious damage
caused by the tenant.
(3) The rent payable under the agreement decreases accordingly
or, if an order for a decrease in the rent is made by a tribunal,
to the extent stated in the order.
(4) A tribunal may make an order for a rent decrease only if—
(a) the tenant applies to the tribunal for the order; and
(b) if this section applies because of subsection (1)—the
premises are partly unfit to live in.
329 Handover day for notice to leave for premises that are not
moveable dwelling premises
(1) This section applies only to notices to leave given for
premises that are not moveable dwelling premises.
(2) The handover day for a notice to leave given by the lessor
must not be earlier than—
(a) if the notice is given because of an unremedied breach
and the breach is a failure to pay rent—7 days after the
notice is given; or
(b) if the notice is given because of an unremedied breach
and the notice is not a notice to which paragraph (a)
applies—14 days after the notice is given; or
(c) if the notice is given because of noncompliance (tribunal
order)—7 days after the notice is given; or
(d) if the notice is given because of non-livability—the day
the notice is given; or
(e) if the notice is given because of compulsory
acquisition—2 months after the notice is given; or
(f) if the notice is given because of a sale contract—4
weeks after the notice is given; or
(g) if the notice is given because of ending of entitlement
under employment—4 weeks after the notice is given;
or
(h) if the notice is given because of ending of
accommodation assistance—4 weeks after the notice is
given; or
(i) if the notice is given because of ending of housing
assistance—2 months after the notice is given; or
(j) if the notice is given without ground for a periodic
agreement—2 months after the notice is given; or
(k) if the notice is given without ground for a fixed term
agreement—the later of—
(i) 2 months after the notice is given; or
(ii) the day the term of the agreement ends.
(3) Nothing prevents a notice to leave under subsection (2)(k)
being given at any time before the end of the term of the fixed
term agreement.
284 Notice to leave if agreement frustrated
(1) The lessor may give a notice to leave the premises to the
tenant because the premises—
(a) have been destroyed, or made completely or partly unfit
to live in, other than because of a breach of the
agreement; or
(b) no longer may be used lawfully as a residence; or
(c) have been appropriated or acquired compulsorily by an
authority.
(2) A notice to leave under this section must be given within 1
month after the happening of the event mentioned in
subsection (1).
(3) A notice to leave under subsection (1)(a) or (b) is called a
notice to leave for non-livability.
Editor’s note—
See sections 329(2)(d) (Handover day for notice to leave for premises
that are not moveable dwelling premises) and 330(2)(d) (Handover day
for notice to leave for moveable dwelling premises) for requirements
about the handover day for a notice to leave given because of
non-livability.
(4) A notice to leave under subsection (1)(c) is called a notice to
leave for compulsory acquisition.
Editor’s note—
See sections 329(2)(e) (Handover day for notice to leave for premises
that are not moveable dwelling premises) and 330(2)(e) (Handover day
for notice to leave for moveable dwelling premises) for requirements
about the handover day for a notice to leave given because of
compulsory acquisition.
305 Notice of intention to leave if agreement frustrated
(1) The tenant may give a notice of intention to leave the
premises to the lessor because the premises—
(a) have been destroyed, or made completely or partially
unfit to live in, other than because of a breach of the
agreement; or
(b) no longer may be used lawfully as a residence; or
(c) have been appropriated or acquired compulsorily by an
authority.
(2) A notice of intention to leave under this section must be given
within 1 month after the happening of the event mentioned in
subsection (1).
(3) A notice of intention to leave under subsection (1)(a) or (b) is
called a notice of intention to leave for non-livability.
(4) A notice of intention to leave under subsection (1)(c) is called
a notice of intention to leave for compulsory acquisition.
RTA Fact Sheet on Natural Disasters
Download the RTA Fact Sheet from http://www.realestateexcellence.com.au/education-and-training-events-real-estate-excellence/cat_view/36-queensland-compliance-and-legislation/6-residential-tenancies-authority-rta or www.rta.qld.gov.au
Members requiring further advice or assistance
Platinum EXCLUSIVE, Individual Platinum EXCLUSIVE and Gold SOLE Real Estate Excellence Members are encouraged to email or phone Stacey Holt anytime if more advice, information or support is required;
Email stacey.holt@realestateexcellence.com.au Phone 0423 018 539/07 3161 1865
Non - Members requiring further advice or assistance
Contact the RTA on 1300 366 311 during business hours or visit http://www.rta.qld.gov.au/
(c) Stacey Holt Real Estate Excellence - http://www.realestateexcellence.com.au/
January 6, 2011
QLD Floods and Property Management
It has been a terrible time for many these last few weeks; particularly property managers in Rockhampton, Emerald, Dalby, Chinchilla and Bundaberg.
Real Estate Excellence has been assisting some property managers with procedures and recently sent the following to Members. To assist whole of industry, I am publishing the material in the hope that it is of benefit to those greatly affected. Thoughts are with them…
Flood Disaster Management Best Practice Guide
The following steps are best practice suggestions for licensees and property managers when faced with flood disasters when managing rental property.
Start a separate disaster management journal (such as January floods 2011) for entry of all reported damage and incidents of properties managed. This could be kept either electronically or in a paper based manner; as long as it is easily accessible by all staff. Also ensure appropriate diary notes and paperwork are placed in computer software and the property file. Draw up six columns to record the following;
Date
Property
Damage reported and by whom
Insurance policy number (once advised by lessor)
Action taken
Task completed (once all works are finalised)
Direct staff who are taking phone calls from tenants and any notification of damage that the incident is to be recorded in the disaster management journal.
Prioritise the damage to property and tenant situation and work on the highest priority first and make your way through the list.
Contact lessors of known property damage and advise of the situation. (further information is below on procedures).
Contact tenants of suspected flood damaged property and the tenants of property who have reported damage. Provide them with the RTA Fact sheet on Natural Disasters. If the property is completely unihabitable, advise the tenant that the tenancy most likely will lawfully end. Advise that discussions will be needed with the lessor prior and more information will be provided. If the property is not completely unlivable and has only sustained ‘minor’ flood damage, advise the tenant that the lessor will be contacted to discuss the matter further.
In regards to the tenant’s own property being damaged, advise them to contact their personal contents insurance company. Regrettably some tenants will not have their own personal insurance; in this event, advise tenants that the lessor will be advised and all attempts will be made to ascertain if the lessor’s insurance will cover the situation. In most cases, the lessor’s insurance will not cover the tenants belongings.
There is no legislative duty for lessors to provide tenants with alternative accomodation in times of natural disasters; however this may be recommended in some cases as a sign of good faith however many lessors may not be in a situation to afford this option. Lessors may wish to contact their insurance companies to identify if there is any coverage for this situation.
The Residential Tenancies and Rooming Accomodation Act 2008 (Qld) RTRA Act allows for tenancies to either end (if completely unliveable) or rent decreases to be negotiated, in circumstances of partial non liveability.
Contact lessors accordingly and advise the current status of their property and that more information will be provided where required and when obtained. Provide lessors with the RTA Fact Sheet on Natural Disasters – link supplied on page five of this guide. If the property is not liveable, advise the lessor that the RTRA Act allows for the tenancy to end on the same day. If the property is partially unfit to live in and/or has suffered minor damage, advise the lessor of the provisions of the RTRA Act which allow for a negotiated rent decrease during the period of repair. (see section below)
Advise lessors to contact their insurance companies (contents, building and landlord insurance) to report the incident and to start the process of making a claim. Advise lessors to start the claim paperwork process.
Advise lessors to provide the following information in writing to your agency
the insurer, contact phone details (email and phone number) and name of contact (if possible)
the insurance policy number;
the claim number and
the insurance paperwork (mostly completed) for finalisation once required works are carried out.
Explain to lessors that due to the large volume of properties and people affected, all communicaton to be in writing in regards to this matter.
Contact the agency preferred tradespeople/contractors in regards to high priority jobs and allocate work. Follow up the contact with a written work order. In high damage property, contact the insurer for advice before proceeding.
Assess progress of high priority work daily until tasks completed. Keep in regular communication with lessors and tenants as to progress and for great customer service. Ensure the disaster management journal is maintained.
Once the majority of the works are considerably under control, arrange for routine inspections to check on properties that have had minor damage. Ensure photos are taken, extensive visual reports are provided to lessors and take action as appropriate (such as advising lessors to make insurance claims for particular cases)
Following are the relevant sections from the RTRA Act for rent decreases and ending the tenancy due to non liveability (agreement frustrated). The relevant provisions are highlighted via shading below. Ensure the RTA Form 12 Notice to Leave is conmpleted to end the tenancy lawfully and that any rent decrease agreements are completed in writing. Obtain lessors written instructions and provide an agreement with the tenant in which they should sign. The agreement should allow for how much the rent will decrease by, and for how long. Also ensure is made in the agreement for when the rent is to go back to the orginal agreement amount.
If agreement cannot be reached for the rent decrease amount, complete the RTA Form 16 Dispute Resolution and seek mediation assistance. If dispute resolution is not successful, the matter may need to be referred to Tribunal as a non urgent application (within 7 days of the unsuccessful dispute resolution number being provided by the RTA).
Section 94 – RTRA Act
94 Rent decreases
(1) This section applies if the premises—
(a) are destroyed, or made completely or partly unfit to live
in, in a way that does not result from a breach of the
agreement; or
(b) no longer may be used lawfully as a residence; or
© are appropriated or acquired compulsorily by an
authority.
(2) This section also applies if—
(a) services, facilities or goods to be provided to the tenant
under the agreement are no longer available or are
withdrawn other than because the tenant failed to meet
the tenant’s obligations under the agreement; or
(b) the amenity or standard of the premises decreases
substantially other than because of malicious damage
caused by the tenant.
(3) The rent payable under the agreement decreases accordingly
or, if an order for a decrease in the rent is made by a tribunal,
to the extent stated in the order.
(4) A tribunal may make an order for a rent decrease only if—
(a) the tenant applies to the tribunal for the order; and
(b) if this section applies because of subsection (1)—the
premises are partly unfit to live in.
Section 329 – RTRA Act
329 Handover day for notice to leave for premises that are not
moveable dwelling premises
(1) This section applies only to notices to leave given for
premises that are not moveable dwelling premises.
(2) The handover day for a notice to leave given by the lessor
must not be earlier than—
(a) if the notice is given because of an unremedied breach
and the breach is a failure to pay rent—7 days after the
notice is given; or
(b) if the notice is given because of an unremedied breach
and the notice is not a notice to which paragraph (a)
applies—14 days after the notice is given; or
© if the notice is given because of noncompliance (tribunal
order)—7 days after the notice is given; or
(d) if the notice is given because of non-livability—the day
the notice is given; or
(e) if the notice is given because of compulsory
acquisition—2 months after the notice is given; or
(f) if the notice is given because of a sale contract—4
weeks after the notice is given; or
(g) if the notice is given because of ending of entitlement
under employment—4 weeks after the notice is given;
or
(h) if the notice is given because of ending of
accommodation assistance—4 weeks after the notice is
given; or
(i) if the notice is given because of ending of housing
assistance—2 months after the notice is given; or
(j) if the notice is given without ground for a periodic
agreement—2 months after the notice is given; or
(k) if the notice is given without ground for a fixed term
agreement—the later of—
(i) 2 months after the notice is given; or
(ii) the day the term of the agreement ends.
(3) Nothing prevents a notice to leave under subsection (2)(k)
being given at any time before the end of the term of the fixed
term agreement.
Section 284 – Notice to Leave if Agreement Frustrated
284 Notice to leave if agreement frustrated
(1) The lessor may give a notice to leave the premises to the
tenant because the premises—
(a) have been destroyed, or made completely or partly unfit
to live in, other than because of a breach of the
agreement; or
(b) no longer may be used lawfully as a residence; or
© have been appropriated or acquired compulsorily by an
authority.
(2) A notice to leave under this section must be given within 1
month after the happening of the event mentioned in
subsection (1).
(3) A notice to leave under subsection (1)(a) or (b) is called a
notice to leave for non-livability.
Editor’s note—
See sections 329(2)(d) (Handover day for notice to leave for premises
that are not moveable dwelling premises) and 330(2)(d) (Handover day
for notice to leave for moveable dwelling premises) for requirements
about the handover day for a notice to leave given because of
non-livability.
(4) A notice to leave under subsection (1)© is called a notice to
leave for compulsory acquisition.
Editor’s note—
See sections 329(2)(e) (Handover day for notice to leave for premises
that are not moveable dwelling premises) and 330(2)(e) (Handover day
for notice to leave for moveable dwelling premises) for requirements
about the handover day for a notice to leave given because of
compulsory acquisition.
RTA Fact Sheet on Natural Disasters
Download the RTA Fact Sheet from http://www.realestateexcellence.com.au/education-and-training-events-real-estate-excellence/cat_view/36-queensland-compliance-and-legislation/6-residential-tenancies-authority-rta or www.rta.qld.gov.au
Members requiring further advice or assistance
Platinum EXCLUSIVE, Individual Platinum EXCLUSIVE and Gold SOLE Real Estate Excellence Members are encouraged to email or phone Stacey Holt anytime if more advice, information or support is required;
Email stacey.holt@realestateexcellence.com.au Phone 0423 018 539/07 3161 1865
Non – Members requiring further advice or assistance
Contact the RTA on 1300 366 311 during business hours or visit www.rta.qld.gov.au
© Stacey Holt Real Estate Excellence – www.realestateexcellence.com.au
Real Estate Excellence has been assisting some property managers with procedures and recently sent the following to Members. To assist whole of industry, I am publishing the material in the hope that it is of benefit to those greatly affected. Thoughts are with them…
Flood Disaster Management Best Practice Guide
The following steps are best practice suggestions for licensees and property managers when faced with flood disasters when managing rental property.
Start a separate disaster management journal (such as January floods 2011) for entry of all reported damage and incidents of properties managed. This could be kept either electronically or in a paper based manner; as long as it is easily accessible by all staff. Also ensure appropriate diary notes and paperwork are placed in computer software and the property file. Draw up six columns to record the following;
Date
Property
Damage reported and by whom
Insurance policy number (once advised by lessor)
Action taken
Task completed (once all works are finalised)
Direct staff who are taking phone calls from tenants and any notification of damage that the incident is to be recorded in the disaster management journal.
Prioritise the damage to property and tenant situation and work on the highest priority first and make your way through the list.
Contact lessors of known property damage and advise of the situation. (further information is below on procedures).
Contact tenants of suspected flood damaged property and the tenants of property who have reported damage. Provide them with the RTA Fact sheet on Natural Disasters. If the property is completely unihabitable, advise the tenant that the tenancy most likely will lawfully end. Advise that discussions will be needed with the lessor prior and more information will be provided. If the property is not completely unlivable and has only sustained ‘minor’ flood damage, advise the tenant that the lessor will be contacted to discuss the matter further.
In regards to the tenant’s own property being damaged, advise them to contact their personal contents insurance company. Regrettably some tenants will not have their own personal insurance; in this event, advise tenants that the lessor will be advised and all attempts will be made to ascertain if the lessor’s insurance will cover the situation. In most cases, the lessor’s insurance will not cover the tenants belongings.
There is no legislative duty for lessors to provide tenants with alternative accomodation in times of natural disasters; however this may be recommended in some cases as a sign of good faith however many lessors may not be in a situation to afford this option. Lessors may wish to contact their insurance companies to identify if there is any coverage for this situation.
The Residential Tenancies and Rooming Accomodation Act 2008 (Qld) RTRA Act allows for tenancies to either end (if completely unliveable) or rent decreases to be negotiated, in circumstances of partial non liveability.
Contact lessors accordingly and advise the current status of their property and that more information will be provided where required and when obtained. Provide lessors with the RTA Fact Sheet on Natural Disasters – link supplied on page five of this guide. If the property is not liveable, advise the lessor that the RTRA Act allows for the tenancy to end on the same day. If the property is partially unfit to live in and/or has suffered minor damage, advise the lessor of the provisions of the RTRA Act which allow for a negotiated rent decrease during the period of repair. (see section below)
Advise lessors to contact their insurance companies (contents, building and landlord insurance) to report the incident and to start the process of making a claim. Advise lessors to start the claim paperwork process.
Advise lessors to provide the following information in writing to your agency
the insurer, contact phone details (email and phone number) and name of contact (if possible)
the insurance policy number;
the claim number and
the insurance paperwork (mostly completed) for finalisation once required works are carried out.
Explain to lessors that due to the large volume of properties and people affected, all communicaton to be in writing in regards to this matter.
Contact the agency preferred tradespeople/contractors in regards to high priority jobs and allocate work. Follow up the contact with a written work order. In high damage property, contact the insurer for advice before proceeding.
Assess progress of high priority work daily until tasks completed. Keep in regular communication with lessors and tenants as to progress and for great customer service. Ensure the disaster management journal is maintained.
Once the majority of the works are considerably under control, arrange for routine inspections to check on properties that have had minor damage. Ensure photos are taken, extensive visual reports are provided to lessors and take action as appropriate (such as advising lessors to make insurance claims for particular cases)
Following are the relevant sections from the RTRA Act for rent decreases and ending the tenancy due to non liveability (agreement frustrated). The relevant provisions are highlighted via shading below. Ensure the RTA Form 12 Notice to Leave is conmpleted to end the tenancy lawfully and that any rent decrease agreements are completed in writing. Obtain lessors written instructions and provide an agreement with the tenant in which they should sign. The agreement should allow for how much the rent will decrease by, and for how long. Also ensure is made in the agreement for when the rent is to go back to the orginal agreement amount.
If agreement cannot be reached for the rent decrease amount, complete the RTA Form 16 Dispute Resolution and seek mediation assistance. If dispute resolution is not successful, the matter may need to be referred to Tribunal as a non urgent application (within 7 days of the unsuccessful dispute resolution number being provided by the RTA).
Section 94 – RTRA Act
94 Rent decreases
(1) This section applies if the premises—
(a) are destroyed, or made completely or partly unfit to live
in, in a way that does not result from a breach of the
agreement; or
(b) no longer may be used lawfully as a residence; or
© are appropriated or acquired compulsorily by an
authority.
(2) This section also applies if—
(a) services, facilities or goods to be provided to the tenant
under the agreement are no longer available or are
withdrawn other than because the tenant failed to meet
the tenant’s obligations under the agreement; or
(b) the amenity or standard of the premises decreases
substantially other than because of malicious damage
caused by the tenant.
(3) The rent payable under the agreement decreases accordingly
or, if an order for a decrease in the rent is made by a tribunal,
to the extent stated in the order.
(4) A tribunal may make an order for a rent decrease only if—
(a) the tenant applies to the tribunal for the order; and
(b) if this section applies because of subsection (1)—the
premises are partly unfit to live in.
Section 329 – RTRA Act
329 Handover day for notice to leave for premises that are not
moveable dwelling premises
(1) This section applies only to notices to leave given for
premises that are not moveable dwelling premises.
(2) The handover day for a notice to leave given by the lessor
must not be earlier than—
(a) if the notice is given because of an unremedied breach
and the breach is a failure to pay rent—7 days after the
notice is given; or
(b) if the notice is given because of an unremedied breach
and the notice is not a notice to which paragraph (a)
applies—14 days after the notice is given; or
© if the notice is given because of noncompliance (tribunal
order)—7 days after the notice is given; or
(d) if the notice is given because of non-livability—the day
the notice is given; or
(e) if the notice is given because of compulsory
acquisition—2 months after the notice is given; or
(f) if the notice is given because of a sale contract—4
weeks after the notice is given; or
(g) if the notice is given because of ending of entitlement
under employment—4 weeks after the notice is given;
or
(h) if the notice is given because of ending of
accommodation assistance—4 weeks after the notice is
given; or
(i) if the notice is given because of ending of housing
assistance—2 months after the notice is given; or
(j) if the notice is given without ground for a periodic
agreement—2 months after the notice is given; or
(k) if the notice is given without ground for a fixed term
agreement—the later of—
(i) 2 months after the notice is given; or
(ii) the day the term of the agreement ends.
(3) Nothing prevents a notice to leave under subsection (2)(k)
being given at any time before the end of the term of the fixed
term agreement.
Section 284 – Notice to Leave if Agreement Frustrated
284 Notice to leave if agreement frustrated
(1) The lessor may give a notice to leave the premises to the
tenant because the premises—
(a) have been destroyed, or made completely or partly unfit
to live in, other than because of a breach of the
agreement; or
(b) no longer may be used lawfully as a residence; or
© have been appropriated or acquired compulsorily by an
authority.
(2) A notice to leave under this section must be given within 1
month after the happening of the event mentioned in
subsection (1).
(3) A notice to leave under subsection (1)(a) or (b) is called a
notice to leave for non-livability.
Editor’s note—
See sections 329(2)(d) (Handover day for notice to leave for premises
that are not moveable dwelling premises) and 330(2)(d) (Handover day
for notice to leave for moveable dwelling premises) for requirements
about the handover day for a notice to leave given because of
non-livability.
(4) A notice to leave under subsection (1)© is called a notice to
leave for compulsory acquisition.
Editor’s note—
See sections 329(2)(e) (Handover day for notice to leave for premises
that are not moveable dwelling premises) and 330(2)(e) (Handover day
for notice to leave for moveable dwelling premises) for requirements
about the handover day for a notice to leave given because of
compulsory acquisition.
RTA Fact Sheet on Natural Disasters
Download the RTA Fact Sheet from http://www.realestateexcellence.com.au/education-and-training-events-real-estate-excellence/cat_view/36-queensland-compliance-and-legislation/6-residential-tenancies-authority-rta or www.rta.qld.gov.au
Members requiring further advice or assistance
Platinum EXCLUSIVE, Individual Platinum EXCLUSIVE and Gold SOLE Real Estate Excellence Members are encouraged to email or phone Stacey Holt anytime if more advice, information or support is required;
Email stacey.holt@realestateexcellence.com.au Phone 0423 018 539/07 3161 1865
Non – Members requiring further advice or assistance
Contact the RTA on 1300 366 311 during business hours or visit www.rta.qld.gov.au
© Stacey Holt Real Estate Excellence – www.realestateexcellence.com.au
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