April 23, 2011

Real Estate Excellence launches in NSW

It is with great excitement that Real Estate Excellence Academy Pty Ltd has officially launched in New South Wales. The launch into NSW has come earlier than expected; however due to Industry Demand for services, the decision has been made to launch Education and Training Services.

Real Estate Excellence can provide many services nationally with focus on Federal Laws and Risk Management. As part of the National Strategy of expansion, there is now a FREE subscriber option on www.realestateexcellence.com.au to receive education updates and information. There is also dedicated pages on the website to NSW best practice and compliance.

Further to this, Real Estate Excellence also has a National Facebook business page and twitter account; with both accounts paying particular focus to National issues.
The National facebook account is here facebook.com/RealEstateExcellenceAcademy (National) and www.twitter.com/RealEstateExcel  

For more information, don't hesitate to contact me via www.realestateexcellence.com.au

April 19, 2011

QCAT creates some certainty about rent payments upon handover

As there are two pieces of legislation to deal with when an agent carries out a vacate namely the RTRA Act and the PAMD Act (Code/s of Conduct), it has been uncertain for as to when rent stops being paid upon handover. The RTRA Act states that the tenancy terminates upon handover whereas the PAMD Code of Conduct requires agents to give a tenant a reasonable opportunity to go back to rectify any matters of concern such as cleaning or damages.

This published decision creates for the first time some certainty as to when rent can be charged to upon handover when the tenant has to go back to rectify any matters.

This decision has some huge benefits for our industry regarding when rent is payable upon handover

QCAT have stated in a published decision that

"It is reasonable to expect a tenant to be liable for rent until the handover has been completed, the keys returned and their obligations to the property as tenants have been finalised – such as affecting repairs or doing cleaning"

To read the case, visit http://www.realestateexcellence.com.au/education-and-training-events-real-estate-excellence/cat_view/36-qld-best-practice-compliance-and-legislation/30-qcat-appeals-and-published-decisions

(c) Stacey Holt - http://www.realestateexcellence.com.au/

April 16, 2011

Property Management Excellence Career Development Programme (CDP)

Real Estate Excellence is proud to announce the first of a seven part Career Development Series for Property Managers. CDP 1 (set out below) is the first in the series; property managers, assistants and seniors would benefits from all of the sessions being rolled out. CDP 1 is the first programme. Attend one, some or attend them all! If you would to review all of the seven programmes, please email Stacey.holt@realestateexcellence.com.au or visit the website http://www.realestateexcellence.com.au/education-and-training-events-real-estate-excellence/cat_view/34-qld-training-and-registration-forms/39-property-management-excellence-career-development . The registration form is also set out below.

CDP 1 – Property Management Excellence (three hour programme)

• Understanding QCAT, RTA and the OFT

• Understanding key documentation used in tenancy such as the General Tenancy Agreement and the Management Agreement

• Understanding the legislative duty to the lessor and tenant

• Vital risk management procedures and why

• Application Form and processing – Tenant Selection

• Discrimination Law

• Advertising and Showing the Property

• Feedback reports for vacant property

• Tips on Career Development and Advancement

# Includes using and studying the RTRA Act

for more information including dates and cost, please email stacey.holt@realestateexcellence.com.au

The first sessions are being held in Brisbane (JUNE), Gold and Sunshine Coast (JULY) - other areas in Queensland dates are yet to be finalised. One session each region only.

QCAT - headaches and heartaches for some...

I am watching QCAT closely and am starting to worry about what is actually happening. I received this email below from a great property manager yesterday which I must admit made my blood boil (which doesn’t get us anywhere) but more so shake my head with a frustration and even sadness. If this below is in fact true (and I have no reason to doubt the wonderful property management and her equally respected Licensee) it is an outrage and something must be done. I have forwarded the email onto senior staff of the RTA for their information and intend in the near future of writing to the President of QCAT. I am going to forward the email onto the Principal Registrar as well today expressing concerns for disregard of the actual Act/s in question. QCAT was meant to create better justice and easier systems for us all; at this point it is doing neither in my opinion and seems to be creating in the most part a whole new set of issues and headaches (plus heartache for some)

"I was just wondering what your take on something is. My Principal was at a conference were an adjudicator for QCAT was speaking.

He was speaking about Tenants notice of their intention to vacate.

It was said (please note that I was not at the conference and am just relaying information passed onto my from my Principal) that if a tenant was to send us a SMS that they do not want to renew that we are to take that as their notice of Intention to Vacate the property and should act accordingly to find a new tenant and to mitigate any losses suffered by both tenants and owners.

My question is that s327 of the RTRA Act states that

327 Notice of intention to leave

(1) A notice of intention to leave premises must—
(a) be in the approved form; and
(b) be signed by or for the tenant; and
© identify the premises; and
(d) state the tenant intends handing over vacant possession of the premises to the lessor on the day stated in the notice; and
(e) state—
(i) the ground on which the notice is given; or
(ii) that the notice is given without ground; and
(f) unless the notice is given without ground—give particulars of the ground on which the notice is given.

My Question would be could we take a txt or email, as intention to vacate even if not all information as per s327 is in the notice?

Stacey Holt

I am sure that this may be a question that you may have seen/ or will get from other agents as I was advised that it was a highly debated topic at the conference.