Real Estate Excellence launches in NSW

It is with great excitement that Real Estate Excellence Academy Pty Ltd has officially launched in New South Wales. The launch into NSW has come earlier than expected; however due to Industry Demand for services, the decision has been made to launch Education and Training Services.

Real Estate Excellence can provide many services nationally with focus on Federal Laws and Risk Management. As part of the National Strategy of expansion, there is now a FREE subscriber option on www.realestateexcellence.com.au to receive education updates and information. There is also dedicated pages on the website to NSW best practice and compliance.

Further to this, Real Estate Excellence also has a National Facebook business page and twitter account; with both accounts paying particular focus to National issues.
The National facebook account is here facebook.com/RealEstateExcellenceAcademy (National) and www.twitter.com/RealEstateExcel  

For more information, don't hesitate to contact me via www.realestateexcellence.com.au

QCAT creates some certainty about rent payments upon handover

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/

Property Management Excellence Career Development Programme (CDP)

Real Estate Excellence is proud to announce the first of a seven part Career Development Series for Property Managers. CDP 1 (set out below) is the first in the series; property managers, assistants and seniors would benefits from all of the sessions being rolled out. CDP 1 is the first programme. Attend one, some or attend them all! If you would to review all of the seven programmes, please email Stacey.holt@realestateexcellence.com.au or visit the website http://www.realestateexcellence.com.au/education-and-training-events-real-estate-excellence/cat_view/34-qld-training-and-registration-forms/39-property-management-excellence-career-development . The registration form is also set out below.

CDP 1 – Property Management Excellence (three hour programme)

• Understanding QCAT, RTA and the OFT

• Understanding key documentation used in tenancy such as the General Tenancy Agreement and the Management Agreement

• Understanding the legislative duty to the lessor and tenant

• Vital risk management procedures and why

• Application Form and processing – Tenant Selection

• Discrimination Law

• Advertising and Showing the Property

• Feedback reports for vacant property

• Tips on Career Development and Advancement

# Includes using and studying the RTRA Act

for more information including dates and cost, please email stacey.holt@realestateexcellence.com.au

The first sessions are being held in Brisbane (JUNE), Gold and Sunshine Coast (JULY) - other areas in Queensland dates are yet to be finalised. One session each region only.

QCAT - headaches and heartaches for some...

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.

QLD Real Estate Industry Focus on New Campaign - Fair Work Ombudsman

This email below was provided to Real Estate Excellence from http://www.qpir.com.au/
Stacey,

We understand that your organisation may have contact with a significant number of employers in Queensland's 'real estate industry'. The Fair Work Ombudsman (the Federal workplace relations regulator) has commenced a 'targeted' compliance campaign IN QUEENSLAND ONLY focused on the existence, or otherwise, of agreements registered with QPIR, as required by the Real Estate Industry Award 2010 (award).


Attached is a media release about the compliance campaign, an extract from the award, and information about industry-specific agreement suppliers. A complete copy of the award may be downloaded from www.qpir.com.au/award. The award defines the real estate industry as:



'. . . the provision of services associated with sales, acquisitions, leasing and/or management of residential, commercial, retail, industrial, recreational, hotel, retirement and any other leasehold or real property and/or businesses. Such services include:

* real estate agency;

* business and hotel broking;

* strata and community title management (or similar service however described);

* stock and station agency;

* buyers agency; and

* real estate valuation.'


I would ask that you consider forwarding this email (especially including the attachment) to any Queensland-based 'real estate industry' employers in your database.

Questions from such employers about agreement registration generally should be directed to QPIR Administration (P: 07 3219 7622; E: admin@qpir.com.au ). Alternatively REEA members may contact me direct (M: 0411 208 794; P: 07 3376 1397; E: bsiebenhausen@reea.org.au ). Those employers who are not REEA members are requested to visit www.reea.org.au/membership  and complete a membership application before contacting me.



Regards,

BRUCE SIEBENHAUSEN.

Chairman, QPIR

Secretary/Treasurer, Real Estate Employers' Association (REEA)

To view the Media Release visit http://www.realestateexcellence.com.au/component/docman/cat_view/37-federal-compliance-and-legislation/9-real-estate-industrial-awards-a-employment-matters?orderby=dmdate_published




www.qpir.com.au









Disclaimer: While every effort has been made to ensure that this email message is free from errors and/or omissions, QPIR, REEA & the PSAQ, their employees, officers and agents do not accept any liability for the results of any action taken in reliance upon, based on or in any connection with this message. To the extent legally possible, QPIR, REEA & the PSAQ, their employees, officers and agents, disclaim all liability arising by reason of any breach, or any errors and omissions contained in this email (or any attachment).

Property Management Excellence - Career Development Programme

CDP - 1, 2, 3, 4, 5 and 6 -  Attend One, or Attend them All!

Real Estate Excellence is proud and excited to announce a six step Career Development Programme for Property Management Excellence. Please find following the Six Step (CDP) Options for Property Managers and Licensees; programme suitable for newcomers, experienced and advanced. Please review this document for an outline of all programmes being offered very soon!

Stacey Holt, Director Real Estate Excellence will present each session.

For all expressions of interest, please email Stacey Holt. Sessions are expected to roll out in Brisbane, Gold Coast and Sunshine Coast from June 2011. The sessions will be rolled out in the regions later in 2011 and into 2012. It is expected that these sessions will be offered on a regular basis. All courses will be $99 per person including GST. (Discounts apply to Members). Small groups only to assist in a quality and effective learning environment.

For all enquires contact Stacey Holt stacey.holt@realestateexcellence.com.au  Please forward this invitation to any colleagues who you feel may benefit from receiving it. PRIVATE IN House training is also available. Enquire today about PRIVATE IN House Training and to receive the Real Estate Excellence “MENU”. All of Real Estate Excellence Training and services come with a satisfaction guarantee. Best Practice Real Estate Agency Advice is provided as part of the training and education services.

Attendees of this Career Development Programme are strongly recommended to consider GOLD SOLE MEMBERSHIP of Real Estate Excellence. GOLD SOLE Membership provides many benefits to your business including 10% discount of OPEN Training Services, Phone and Email Best Practice Advisory Services for up to ten staff, twice monthly Member Updates, Select Complimentary Best Practice Forms plus other benefits. Ask Stacey Holt for more information. GOLD SOLE Membership is only $22 per week including GST for up to 10 staff; equates to $2.20 for each staff member.

CDP 1 – Property Management Excellence (three hour programme)



• Understanding QCAT, RTA and the OFT

• Understanding key documentation used in tenancy such as the General Tenancy Agreement and the Management Agreement

• Understanding the legislative duty to the lessor and tenant

• Vital risk management procedures and why

• Application Form and processing – Tenant Selection

• Discrimination Law

• Advertising and Showing the Property

• Feedback reports for vacant property

• Tips on Career Development and Advancement

# Includes using and studying the RTRA Act



CDP 2 – Property Management Excellence (three hour programme)



• Rent payment methods

• Binding the tenant lawfully

• Entry Condition Report Compliance and Best Practice

• Sign up procedures

• Sign up procedure role play

• Bond lodgement requirements and part payment of bond

• Rent arrears procedures and completion of Form 11 and Form 12

• Routine Inspections – tips on how to complete an inspection

• Lease Renewals

• Rent and Bond Increases

• Rent Decreases

• Routine and emergency maintenance

• Tips on effective communication with the lessor and tenant

• Reporting to the Lessor during the tenancy

# Includes using and studying the RTRA Act



CDP 3 – Property Management Excellence (three hour programme)



• The 7 ways to lawfully end a tenancy under the RTRA Act

• Abandonment

• Death of a sole tenant

• Tenancy databases

• Exit reporting and tips on how to carry out a successful vacate

• Dispute Resolution and bond disputes

• Lost management procedures

• QCAT procedures and presentation tips including file preparation

• QCAT Forms such as Form 2, compensation claims, appeals and reopening a hearing

# Includes using and studying the RTRA Act



CDP 4 – Property Management Excellence (three hour programme)



• Tips on how to win new business

• Tips on listing presentations and pre listing kits

• Tips on how to close the sale

• How to utilise your agency point of difference in the market place

• Requirements when carrying out a Rental Appraisal

• Tips on how to complete a Rental Appraisal

• Scripts, tips and dialogues

• Risk management, compliance and best practice completion of the management agreement

# Includes using and studying the RTRA Act





CDP 5 – Property Management Excellence (three hour programme)



• Egg time theory and effective property management

• Tips on how to effectively deal with emails, phone calls and unexpected visitors

• Email and Phone etiquette

• Ideal day, week and monthly planning

• Taking control of your time and your career

• General Agency Risk Management

• Negotiation and Communication Tips





CDP 6 – Property Management Excellence (three hour programme)



• Quality control of paperwork and procedures

• A best practice agency assessment review

• Steps to take if a claims is made against your agency

• RTA investigations

• OFT investigations

• Property Management Reporting

• Trust Account key provisions

contact Stacey Holt for any enquiries, and be sure to register for the FREE updates at www.realestateexcellence.com.au

Real Estate Excellence Address QLD Parliament House - Sustaining Tenancies

Speech notes from 16th March 2011.
Good morning Distinguished Guests, Ladies and Gentleman

Thank you to 4 walls and St Vincent De Paul Society for the opportunity to present this address this morning at the new communities: sustaining tenancies Networking and Information Breakfast.

After almost 20 years in the wonderful Real Estate Industry, it is with great privilege and pleasure that I represent the industry today.

The Real Estate Industry has changed dramatically in the last ten years. We have seen great change come due to increased legislative obligations, higher risks of litigation and increased demand for extraordinary services from clients and customers.

In the last ten years our industry has seen massive change particularly through the Property Agents and Motor Dealers Act, Fire and Rescue Services Act and the recently formed Residential Tenancies and Rooming Accommodation Act; to name but a few significant changes. With new legislative come many increased obligations, increased business costs and increased expectations. Training and education is sometimes a major issue in our industry due to an almost overwhelming legislative responsibility, financial and time restraints.

It is with regret that the current property management registration regime imposed in Queensland under the PAMD Act is heavily focused on sales learning outcomes as opposed to property management. It must be said that the word property manager is not used nor referenced in the current Act. They are called registered salespeople. This is thought to play some part in the struggles that some of our industry face.

The role of today’s property manager is demanding and diverse. A quick snapshot shows us that in one day, a career property manager carries out many of the following tasks:



• Tenant suitability assessment and new tenancies

• Arrears management

• New business management

• Routine and emergency maintenance

• Tenant and lessor requests

• Routine inspections

• Trust account management

• Vacating tenants and bond matters

• Tribunal representation;

to name but a few of the many varied tasks and skills required on a day to day basis.

In relation to refugee housing, there are some obvious problems and maybe not so obvious solutions.

Some of the problems our industry face include;

• Language barriers

• Time barriers

• High expectations of some or all parties

• Supply and demand on property

• A perception of risk, especially with issues in the current public domain such as the most tragic situation on Christmas Island.

Possible solutions are

• Community workers and advocates assisting prospective tenants by making appointments if required with property managers. Property managers, like us all have heavy commitments each day; an unannounced visit may put restraint on the services that can be provided. This is also recommended for advocate and community workers wanting to build relationships with agents and property managers. Time management is a major issue for our industry.

• Community workers and advocates could contribute further by assisting prospective applicants in completing the applications form and assisting in ensuring that required documents such as Identification and proof of income are provided with the tenancy application.

• Prospective tenants could be further briefed on what the expectation and requirements of agents are such as making appointments, completion of application forms and their future tenancy obligations.

• A major issue faced by many is language barriers; what would greatly assist agents and refugees is Government funded interpreter services. The cost at present of these services is a huge barrier for many.

• More information could be provided through fact sheets as an example about refugees and housing issues. This information could be provided to agents and property managers who in turn can pass information to lessor client to assist in understanding and breaking down any barriers.

• Another solution is ensuring that Refugees placed in the private rental market sector are provided are case worker who also assists with any communication with the Property Manager as an ongoing relationship throughout the tenancy.

It must be said that the Real Estate Industry and Property Managers are genuine, compassionate and empathetic people. We are not without our own industry problems and issues; however we all realise that the houses and units we rent and sell, are more importantly somebody’s home.

Thank you again for the opportunity to present the thoughts from a Real Estate Agency perspective.