Inviting the tenant to the final inspection (QLD)

The Property Agents and Motor Dealers Act Code of Conduct for Real Estate Agents and Property Managers is the legislation which requires property managers to take reasonable steps to invite the tenant to the final inspection and to provide a reasonable opportunity for the tenants to go back to the property to do any final cleaning or other matter that may have been missed upon vacating.

As there are two separate legislation for this procedure (the RTRA Act and the PAMD Act), there should be sound understanding of the requirements for tenants and agents.

Refer to the relevant sections below in relation to Agents and the PAMD Act;

39 Final inspection of rental property (PAMD Real Estate Agent Code of Conduct)

(1) A real estate agent managing a rental property must take

reasonable steps to ensure that any final inspection of the

property, on vacation of the property, is conducted in the

presence of the customer.

(2) However, subsection (1) does not apply if the agent

reasonably believes the agent’s life or physical safety may be

endangered by conducting the inspection in the presence of

the customer.

(3) If the final inspection discloses a thing to be done, including

cleaning, for which the real estate agent has reason to believe

the customer is responsible, the agent must give the customer

a reasonable opportunity to attend to the thing.

 (4) This section does not apply to a customer renting premises if

the right of occupancy of the premises was given for holiday

purposes.

34 Final inspection of lots in a building complex (PAMD Resident Letting Agents Code of Conduct)

(1) A restricted letting agent collecting rents from a customer for

lots in a building complex must take reasonable steps to

ensure that any final inspection of the lots, on vacation of the

lots, is conducted in the presence of the customer.

(2) However, subsection (1) does not apply if the agent

reasonably believes the agent’s life or physical safety may be

3 For the lessor’s right of entry see the Residential Tenancies Act 1994, sections 109

(Grounds for entry), 110 (Notice of entry) and 111 (General qualifications about

entry). For vacation of premises to which a periodic tenancy applies see section 160

of that Act (Notice to leave if premises being sold).

 (3) If the final inspection discloses a thing to be done, including

cleaning, for which the agent has reason to believe the

customer is responsible, the agent must give the customer a

reasonable opportunity to attend to the thing.

(4) This section does not apply to a customer renting premises if

the right of occupancy of the premises was given for holiday

purposes.

Tenant’s obligations of how they are required to leave the property upon handover are covered under the RTRA Act.  Agents generally cannot charge the tenant rent (on behalf of the lessor) after they have vacated if they have to go back to attend to any matters such as cleaning; however there has been  QCAT decision which has granted compensation for rent to be paid in this situation.  

If you are a Platinum Elite, Gold Priority, or Elite Professional Individual Member of Real Estate Excellence and require more best practice advice on this matter such as tenants compensation for rent charging after vacating (or any other industry matter), please contact Stacey Holt.

This information is current as at 24^th July 2011