Property Management Training - Pool Laws; a summary

Part of Chapter 3 of PME - Property Management Excellence Training and Procedures Manual
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3.3.13 Pool safety certificate

The Queensland Government introduced new pool safety laws in December 1 2009. This means that if a property with a pool or spa is rented or sold prior to December 1 2015, a Pool Safety Certificate must be obtained. A rental property (house) with a pool cannot be rented without a certificate. Shared pool obligations are outlined below.  In addition, all pools and spas in Queensland (regardless if a rental property) must be registered on the state government pool register – to ensure a pool or spa is registered, visit www.dlgp.qld.gov.au

Non-shared pools – Houses -  If a pool is only accessible to residents of one dwelling such as a private house or private spa on a unit balcony, it is a non-shared pool. Before entering into a new or renewed lease for a property with a non-shared pool, there must be a pool safety certificate is in effect for the pool. (Form 23 under the Building Act)

Shared Pools – Units -   If residents of two or more dwellings can use a pool, such as a body corporate pool, it is a shared pool.  For shared pools, the owner or the body corporate must complete a Form 36 Notice of No Pool Safety Certificate. Form 36 must be given to the tenant. (after December 1 2012, a Pool Safety Certificate must be in place and the Form 36 should no longer be used for rental properties).

Until December 1 2012, property managers must give a Notice of no pool safety certificate - Form 36 to the person who will be the tenant, to the body corporate and to the department before entering into the lease for shared pools that do not yet have a Pool Safety Certificate. The Notice of no pool safety certificate - Form 36 advises that the pool may not comply and the steps that must be taken to comply. The Form 36 should not be used in Property Management after the 1^st December 2012.

However, for leases entered into on or before 1 September 2012, a phase in period applies - the pool owner has until 30 November 2012 to obtain a pool safety certificate for the pool. If a new or renewed lease is entered into on or after 2 September 2012, the pool owner must obtain a pool safety certificate within 90 days of entering into the lease.

From December 1 2012, all rental properties must have a pool safety certificate in place for both units and houses. Property managers are not to rent properties that do not have a pool safety certificate and are to advise the licensee or senior manager immediately if there are any concerns relating to this matter.

Validity of pool safety certificates

Pool safety certificates are valid for two years from the date of issue for non-shared pools, and one year for shared pools.  Systems are to be put in the software programme or other preferred programme to flag when pool safety certificates are expiring.

To ensure pool safety certificates remain effective, property managers should check the pool register each time a tenancy commences or a tenancy is renewed. Visit www.dlgp.qld.gov.au and follow the links to the pool safety register.

For more information about Pool Safety Law refers to Chapter 37 of PME – Pool Safety Laws for sales and rental property.

(C) www.realestateexcellence.com.au - for more information about PME, visit the website

Role of a Property Manager - Property Management Training and Procedures PME

Part of Chapter 1 of PME - Property Management Excellence Procedures and Training Guide

Over 100 best practice forms and information are in addition to the 250 plus page procedures and training manual.

PME also includes the following on the PME CD;

·       Personalised tenancy sign up CD – valued at $880 standalone product – non-member rate

·       QCAT Training CD – valued at $330 standalone product – non-member rate

·       Drugs in Property Awareness CD - valued at $55  standalone product – non-member rate

·       QCAT relevant Decisions and appeals up until June 30^th 2012

1.1 What is the role of a Property Manager?                                               

Property Managers manage the tenancy relationship and relevant tenancy matters on behalf of the lessor client.  A key tip in property management success is to ensure your agency verbal and written language reflects the ‘true situation’. For example use words such as

·        On behalf of the owner

·        The lessor has advised

·        The landlord instructions are

Remember, Property Managers don’t make decisions as such; recommendations and solutions are made to the parties of the agreement (lessor and tenant) and if they don’t agree or may not be correct, dispute resolution may occur.

Below are some of the main services property managers carry out as the managing agent. The list is not exhaustive and is a general guide only.

• Showing the property

o   Organising inspections to show the property to prospective tenants

• Advertising the property

o   Using resources such as on websites and our in house agency ‘rent list’

• Processing tenancy applications

o   Verification and assessment of the tenants ability to pay rent and ability to care for the property

• Lodging rental bonds to the Government Authority on behalf of the lessor

o   It is a legal requirement that rental bonds paid by a tenant be paid to the RTA (Residential Tenancies Authority) within 10 days of monies being received. Bonds can be no more than 4 x the weekly rent if the rental weekly value is $700 per week or less. If the rental property is over $700 per week, the bond total amount is not limited and is negotiable between the parties.

• Completion of the required tenancy documents to commence the tenancy on behalf of the lessor

o   The RTA Form 18a – the General Tenancy Agreement

§  This must be given to the tenant prior to monies being taken

o   The RTA Form 1a – the entry condition report

§  One copy must be provided to the tenant on or before the day they take possession. This is a particularly critical document and the tenant is required 3 days in which to sign and return a copy with any extra comments. We will forward a copy to you for your records and discuss any matters if applicable.

o   The RTA Form 17a – the information statement

§  A useful resource booklet provided by the RTA that we on your behalf a required to provide to tenant when giving the agreement for signing (a copy is provided as part of this proposal package)

o   Body corporate by-laws (if applicable)

o   Trust account receipt

o   RTA Form 2 – bond lodgement form

• Accounting on behalf of the lessor

o   Payment of invoices (if instructed)

o   Disbursement of rental trust funds

• Rent arrears

o   Daily rent arrears administration and monitoring

o   Issuing of required statutory notices as required and if applicable

• Maintenance negotiation

o   Notifying the lessor of maintenance (as per management agreement instructions)

o   Communication with the tenant

o   Organising a suitable contractor

o   Providing a work order to the contractor

o   Following up as required

o   Payment of invoice

o   Accounting to the lessor accordingly

• Tenancy renewals and negotiation

o   Contacting the lessor to verify instructions such as to renew the lease or to provide notice to the tenant to vacate

o   Making the renewal lease offer to the tenant

o   Negotiating rent increases if applicable

o   Following up the tenant

o   Tenancy paperwork – a new Form 18a – General Tenancy Agreement

• Carrying out general routine inspections during a tenancy

o   Issuing the required RTA Form 9 entry notice allowing the required statutory time frame

o   Carrying out the inspection

o   Completing best practice report and providing it to the landlord

o   Following up tenants or the landlord as required and if necessary

• Carrying out the final inspection

o   Statutory and best practice letter and procedure requirements

o   Inviting the tenant to the final inspection

o   Carrying out the final inspection to ensure that the property is returned in the same condition as it was found – except for fair wear and tear as per Standard Term 37 of the General Tenancy Agreement (section 188 (4) of the RTRA Act. There is no legal definition for fair wear and tear. It is important to consider and take into account what will occur at the property with normal living conditions. The property of course will not be kept in the same condition as it was when it was first rented and as you have last seen it as over a period of time usual aging and deterioration will occur. Our reports will keep you informed of the properties natural progression and any matters that are deemed damage and not wear and tear will be discussed with the landlord, negotiated and managed by us with the tenant on your behalf.

37 Condition premises must be left in – s 188(4)

At the end of the tenancy, the tenant must leave the premises,

as far as possible, in the same condition they were in at the

start of the tenancy, fair wear and tear excepted.

Examples of what may be fair wear and tear –

 wear that happens during normal use

changes that happen with ageing

o   Negotiating any outstanding items such as cleaning with the tenant that may be required to be undertaken to return the property in accordance with the entry condition report.

o   Negotiating and coordinating the bond refund with the tenants in liaison with the lessor.

(C) Real Estate Excellence www.realestateexcellence.com.au

Property Management Training and Procedures

Author of PME and Company Director – Real Estate Excellence Academy Pty Ltd

Property management is a very diverse, challenging and interesting career. No two days are ever the same. What property managers do is mind boggling to some but to many of us it is ‘all in a day’s work’. Property management is really about People Management.

All property managers must remember that ‘nothing is your problem’ (so to speak) and in the great game that is property management, your key role is the following

·        Maximise your lessor’s income and minimise their loss

·        Always act in the best interest (both ethically and legally) of your licensee and the lessor

·        Always remember your duty of care to the tenant

·        And remember; your main duty is the following

o   Educate your lessors and tenants to the best of your ability

o   Communicate with you lessor and tenants to the best of your ability;

o   Negotiate with your lessors and tenants to the best of your ability.

Knowledge is power and continual self and professional development is part of the key to successful property management.

I know that you and your office gain great benefit from PME and I thank you for your valued business and support.

PME = Property Management Procedures and Training Guide

Over 100 best practice forms and information are in addition to the 250 plus page procedures and training manual.  PME also includes the following on the PME CD;

·       Personalised tenancy sign up CD – valued at $880 standalone product – non-member rate

·       QCAT Training CD – valued at $330 standalone product – non-member rate

·       Drugs in Property Awareness CD - valued at $55  standalone product – non-member rate

·       QCAT relevant Decisions and appeals up until June 30^th 2012

For more information about PME, please visit www.realestateexcellence.com.au

PME Best Practice Forms

The following forms are a guide only and are not the final forms. The forms mentioned below will be included in PME.

For more information about PME, visit www.realestateexcellence.com.au

Application forms and processing

1.     Anti-discrimination in rental property

2.     Checklist – new tenant

3.     Company application form for tenancy

4.     Pet application form for tenancy

5.     Rental reference to other agency

6.     Tenancy application form

7.     Tenancy application form

 Break lease

1.     Agreement to end the tenancy agreement (mutual agreement)

2.     Break lease – rental property

3.     Checklist – break lease

4.     Tenant breaking lease – lessor letter

Change of shared tenancy

1.     Change of shared tenancy agreement

General forms

1.     Consent for open homes

2.     Consent for use of photos in advertising

3.     No pool safety certificate (units only and valid until 1 December 2012 only)

4.     Open homes booking form

5.     Pool safety certificate acknowledgement

6.     Public liability details request and landlord insurance (for lessor)

7.     Rental reference to other agency

8.     Transfer of appointment

9.     Water invoice letter to tenant

10. Welcome letter to tenant (taking over management)

Keys

1.     Key sign in/out register

2.     Keys – request to tenant for keys to be cut

Landlord listing booklet

          32 page booklet provided in word version

Lease renewals

1.     Checklist – lease renewals

2.     Lease renewal instruction form (for lessor)

3.     Rent increase – periodic (for tenant)

4.     Rent increase (tenants on a periodic to go to fixed term)

5.     Rent increase and new lease offer (fixed term to fixed term)

Maintenance and inspections

1.     Consent for use of photos in advertising

2.     Entry notice cover letter

3.     Lessor letter regarding maintenance obligations

4.     Lessor wishing to undertake own maintenance

5.     Lessor wishing to use own contractors for maintenance

6.     Lessor letter – curtain and blinds safety

7.     Lessor failure to attend to maintenance – urgent

8.     Public liability details request to lessor

9.     Routine inspections cover letter to lessor

10. Routine inspection report

11. Routine maintenance policy – for agencies

12. Routine maintenance policy – for lessors

13. Routine maintenance policy – for tenants

14. Smoke alarm instruction form

15. Smoke alarm letter to lessor

16. Tenant maintenance and request form

New business

1.     Anti-discrimination in rental property

2.     Appraisal cover page

3.     Attachment to the management agreement

4.     BDM new business weekly report

5.     Checklist – new management

6.     Comparative market analysis for rental appraisal

7.     Do Not Call register fact sheets

8.     Landlord disclosure statement

9.     Listing form – property management

10. PAMD Form 20a explanatory notes

11. Rental appraisal cover letter

QCAT forms as at 30^th June 2012

Rent arrears

1.     Form 11 cover letter for rent arrears to tenant

2.     Form 11 repeated breaches cover letter

3.     Form 12 rent arrears cover letter to tenant

4.     Lessor letter advising of tenant breach

5.     Rent arrear procedure

6.     Rent arrears to tenant – consistent arrears

7.     Rent arrears procedure for tenants

8.     Withdrawing a notice to leave

RTA Fact sheets

RTA Forms best practice completion

Tenancy sign up

1.     Checklist – new tenant

2.     Cover letter to lessor – copy of tenancy agreement and entry condition report

3.     Electronic consent form for tenant

4.     Email tenant lease agreement script

5.     Entry condition report acknowledgement of return and copy (for tenant)

6.     Entry condition report template – expandable

7.     Key procedures and the Form 17a – for the tenant

8.     Non return of entry condition report letter to tenant

9.     Rent arrears procedures for tenant

10. Tenancy documents acknowledgment for tenant

11. Tenancy sign up CD viewing acknowledgement form

12. Tenant information – fire evacuation plan

Termination of management

1.     Terminate management agreement for existing agency (for lessor)

2.     Termination of management agreement to lessor due to maintenance

3.     Termination of management agreement to lessor general

Time management

1.     Daily planner

2.     Daily priority list

3.     Time diary

4.     Weekly planner – time management plan

Vacates

1.     Checklist – bond refund

2.     Checklist – vacating tenant

3.     Cleaning guide for vacating tenants

4.     Consent for open home

5.     Form 12 – Tenant vacating letter to lessor

6.     Form 13 – Tenant vacating letter to lessor

7.     Monies owing above the bond

8.     Vacate cover letter to tenant

PME also includes 

·       A personalised sign UP CD

·       QCAT Training CD

·       Drug Lab awareness CD