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
http://www.realestateexcellence.com.au/
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.
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