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/
No comments:
Post a Comment