A Platinum Member of Real Estate Excellence has reported the following situation;
A tenant was approved for a property and then found to be listed on TICA several days later. Due to tenancy database law under the Residential Tenancies Rooming Accommodation Act and Regulations, tenants cannot be listed until the tenancy has ended and they meet the criterion (5 reasons) only to be listed. (There are additional requirements – refer to the RTRA Act for more information). This agency (and lessor) have been let down by the legislation and have a tenant with a poor rental history into a property which has now led to a great risk for the investor.
In this situation, it was too late to not accept the tenant and the tenancy was established. Upon the first recent inspection, the following was found;
• Bathroom littered with used nappies
• Masses of clothes throughout the whole house
• There is general trash under and throughout the house
• The batteries were taken out of the fire alarms (immediate breach)
• They are keeping a cat on the property – there are no pets allowed under the lease
• There is evidence that they are smoking in the house – there is no smoking inside under the lease
• The state of the house overall is beyond disgusting – the owner saw a rat in the kitchen!
• There are only 5 occupants authorized under the lease – At least 7 mattresses / beds were noted
• There are other concerns also.
The tenancy agreement does not end until early 2012. Real Estate Excellence is drafting suggested action to take in this situation.
If you are a Member of Real Estate Excellence and require information and education about the tenancy database law in Queensland plus best practice on this matter (and any other Real Estate Industry matter), please contact Stacey Holt. This information was published on the 25th July 2011.
(c) Real Estate Excellence 2011 www.realestateexcellence.com.au