QCAT (Queensland Civil and Administrative Tribunal) began on December 1 2009; the changes were substantial and many are still coming to grips with the many different procedures.
One of the important procedures that Property Managers and Licensees should be aware of is the use of the QCAT Form 8 - Counter application form. The form should be used in situations whereby the tenant has made application to Tribunal and have listed the lessor/agent as the respondent.
When tenants have made application to Tribunal and therefore are the respondent, property managers should consider whether a response is required prior to the hearing (time frame is 7 days from receiving the application from the Tribunal). If the tenant has not set out all the matters that should be discussed on the day of hearing, and there are other matters that should be mentioned, that is when the QCAT Form 8 should be completed. This allows both application to be joined and heard together. If a counter application is not completed, the risk is that the Adjudicator/Magistrate may not consider other matters that are not mentioned on the tenant's application.
To access the form 8 Counter Application and notes on completion visit www.qcat.qld.gov.au
www.realestateexcellence.com.au
Stacey Holt (Real Estate Excellence Academy)
February 7, 2012
January 21, 2012
Letter to LNP Leader Mr Campbell Newman regarding policy
Campbell Newman
Opposition Leader LNP
Sent via email
Dear Mr Newman
Real Estate Excellence (REEA) is a private education company representing some 6000 Members in Queensland plus a far reaching client database and social media presence. For more information about REEA, please visit www.realestateexcellence.com.au
We are seeking confirmation of LNP Policy in relation to the following matters.
· Stamp Duty changes for principal place of residence
o Does LNP intend to amend the rates that were increased by the current Government in 2011 and if so, what amendments will be made and within what time frame if elected?
· The Property Agents and Motor Dealers Act is being replaced by the Property Agents Act and the Agents Financial Administration Act which are currently in Parliament as per the current Governments policy.
o The Real Estate Industry has for many years had a huge disadvantage due to a complicated peace of statutory law. It has been on the Government agenda for many years to make much needed changes.
o The current Government parliamentary agenda have the Property Agents Act and the Agents Financial Act tabled; what will LNP do in relation to this Act if elected and the current draft is not passed?
o If the legislation is passed prior to election, will changes be made by the LNP as per policy objectives?
o Will the LNP incorporate the warning statement with the Residential contract to eliminate red tape? What other changes will be made and if elected within what estimated time frame?
· De Regulation of Residential Commissions
o The current Government indicated in June 2011 that residential real estate commissions will be de regulated in the near future. What is the LNP policy in this regard and what amendments if any will be made if elected? Also, if changes are to be made, within what estimated time frame?
· The Sustainability Declaration statutory requirement currently in place is a complete waste of time and money. Real Estate Agents report that extremely few numbers of buyers have ever requested the form (the legislation has been in since January 1 2010) and most sellers do not complete the form and basically just sign a blank form. It is understood that it is LNP policy to abolish this requirement. Please confirm the LNP policy and within what time frame if elected will the declaration be abolished.
It would be appreciated if advice of any other policy objectives of the LNP that will affect the Real Estate Industry and the property market in Queensland be provided as part of the response.
Thank you in advance for your reply. This letter is open to the public and my client base and with your consent, would like the response from LNP to also be provided by REEA to Members and Clients. Please confirm that this is suitable to the LNP in your reply.
If you have any questions, please write or phone to the Director of REEA as per the contact details provided below.
Yours sincerely
Stacey Holt
Director, Real Estate Excellence Academy Pty Ltd (REEA)
0423 018 539
07 3161 1865
January 9, 2012
QCAT - two years on (Queensland)
QCAT (Queensland Civil and Administrative Tribunal) celebrated it's 2nd birthday on the 1st December 2011. QCAT was the biggest judicial change in Queensland history in over 50 years and replaced the former Small Claims Tribunal.
QCAT brought many significant changes particularly to the Real Estate Industry. Some of the significant changes included
* many new statutory forms
* jurisdiction to hear matters up to $25 000 (used to be $7500)
* all hearings are recorded and there is ability to purchase the hearing via transcript or via audio CD at relatively low cost
* ability to appeal decisions (subject to meeting the criteria)
* requirments to provide reasons for their decision and the ability to receive the reason for decision at no cost
* ability for matters to be reopened if a party did not appear and has a reasonable excuse for not appearing on the day.
One of the significant changes is also published decisions and published appeals for all to see. Queensland now has for the first time precedent law which property managers and licensees should be being kept up to date with decisions and appeals to allow for better negotiation and education with lessors and tenants over certain disputes. If there has been a decision made over a matter that is currently being dealt with within agency, some cases should be used to assist in negotiation with the parties.
Real Estate Excellence can assist with training in agency or via telephone. Contact www.realestateexcellence.com.au for a proposal for private services.
Information about QCAT and the forms are available at www.qcat.qld.gov.au
QCAT brought many significant changes particularly to the Real Estate Industry. Some of the significant changes included
* many new statutory forms
* jurisdiction to hear matters up to $25 000 (used to be $7500)
* all hearings are recorded and there is ability to purchase the hearing via transcript or via audio CD at relatively low cost
* ability to appeal decisions (subject to meeting the criteria)
* requirments to provide reasons for their decision and the ability to receive the reason for decision at no cost
* ability for matters to be reopened if a party did not appear and has a reasonable excuse for not appearing on the day.
One of the significant changes is also published decisions and published appeals for all to see. Queensland now has for the first time precedent law which property managers and licensees should be being kept up to date with decisions and appeals to allow for better negotiation and education with lessors and tenants over certain disputes. If there has been a decision made over a matter that is currently being dealt with within agency, some cases should be used to assist in negotiation with the parties.
Real Estate Excellence can assist with training in agency or via telephone. Contact www.realestateexcellence.com.au for a proposal for private services.
Information about QCAT and the forms are available at www.qcat.qld.gov.au
December 17, 2011
Two years on... Real Estate Excellence
This time two years ago I made one of the biggest choices of my career and life. I resigned from a great corporate role and started my own business.
I have been reflecting on these last two years recently with some sense of wonderment and fascination... what a two years it has been been and how time sure does fly!
I finished my corporate career on December 23rd 2009, registered my business trading name on 24th December, worked on my website with my brother on 25th and 26th December (yes that is Christmas Day and Boxing Day) and launched my company officially on the 4th January 2010. Everything just flowed from there and in the beginning mostly at a frenetic pace.
All of the preparation and thought process regarding the leap of faith into my own business was largely in my head until that Christmas 2009/2010. My business plan was written during that period on yellow bits of paper where it is still sits today in my office. I have reviewed it often and tweaked, revised, re planned the journey along the way.
The last two years have almost been a blur, but in saying that a blur that is remembered vividly and with great pride. The business has progressed exceptionally well with a membership base of over 100 offices which equates to an estimated 1000 agents and property managers plus a large client base who utilise the training and consultancy aspect of my business.
They say that nothing worthwhile is easy, and I am reminded of this often. I have been most fortunate in my career of real estate; I have rarely found it to be 'work' or a 'job' - it has been a career and a hobby plus a passion since from when I started in reception all those years ago in Biloela Queensland.
Two years on, with many more successful and creative years to come; thank you those who are sharing my journey with me.
www.realestateexcellence.com.au
I have been reflecting on these last two years recently with some sense of wonderment and fascination... what a two years it has been been and how time sure does fly!
I finished my corporate career on December 23rd 2009, registered my business trading name on 24th December, worked on my website with my brother on 25th and 26th December (yes that is Christmas Day and Boxing Day) and launched my company officially on the 4th January 2010. Everything just flowed from there and in the beginning mostly at a frenetic pace.
All of the preparation and thought process regarding the leap of faith into my own business was largely in my head until that Christmas 2009/2010. My business plan was written during that period on yellow bits of paper where it is still sits today in my office. I have reviewed it often and tweaked, revised, re planned the journey along the way.
The last two years have almost been a blur, but in saying that a blur that is remembered vividly and with great pride. The business has progressed exceptionally well with a membership base of over 100 offices which equates to an estimated 1000 agents and property managers plus a large client base who utilise the training and consultancy aspect of my business.
They say that nothing worthwhile is easy, and I am reminded of this often. I have been most fortunate in my career of real estate; I have rarely found it to be 'work' or a 'job' - it has been a career and a hobby plus a passion since from when I started in reception all those years ago in Biloela Queensland.
Two years on, with many more successful and creative years to come; thank you those who are sharing my journey with me.
www.realestateexcellence.com.au
December 13, 2011
There is no secret in growing a successful real estate business and rent roll
I have for many years listened to the odd story about friends and family having ‘gripes’ regarding service in my beloved real estate industry. I have always vehemently defended the industry however sometimes have had to concede that their gripes may be founded. As with any industry, customer service can sometimes let the whole ‘team’ down.
With all the advent of technology, systems and processes of which I strongly support the industry must never forget the basics. The basics being that the Real Estate Industry is mainly a customer service industry with property being a close second. People are our business and whilst this statement is obvious to most, it is forgotten at times by some. It is also not ‘taught’ to new people entering the industry and reminders not often provided to the more experienced.
The phone calls, the emails and unannounced visits from clients and customers are not an interruption; they are a necessary part of the business. Whilst time management is a vital part of any agent’s day, there is a way to gracefully deal with the interruptions (as perceived) without letting the person feel like an intrusion and instead make them feel like they are the most important person in the world, if only for that minute.
My father has for many years struggled with agencies and had some terrible experiences regrettably. It was so refreshing to speak with him recently and he was raving about his new agent and property manager. What made him rave?
• The agency when they signed him up gave him a statement of ‘our commitment to you’
• They are delivering exactly what their commitment stated
• They are paying him his rental monies earlier than expected
• They are phoning him to advise if monies are delayed
• They phone him to survey him and asked ‘is there any way we can improve’?
The agency is sticking to the basics, and of course that is customer service. I believe there is no secret to growing a successful real estate business and rent roll. It is of course hard work (but nothing worthwhile is easy). Successful agencies with substantial growth have all the same things in common
• They have a culture of service
• They have a strong culture of training and improving services
• They have a strong culture of team work
• They have support in the background from the licensee and staff
• They have systems, procedures and policies clearly in place
• They meet regularly to review their practices and always strive to improve
• They all believe in the one goal – client satisfaction = staff satisfaction
With all the advent of technology, systems and processes of which I strongly support the industry must never forget the basics. The basics being that the Real Estate Industry is mainly a customer service industry with property being a close second. People are our business and whilst this statement is obvious to most, it is forgotten at times by some. It is also not ‘taught’ to new people entering the industry and reminders not often provided to the more experienced.
The phone calls, the emails and unannounced visits from clients and customers are not an interruption; they are a necessary part of the business. Whilst time management is a vital part of any agent’s day, there is a way to gracefully deal with the interruptions (as perceived) without letting the person feel like an intrusion and instead make them feel like they are the most important person in the world, if only for that minute.
My father has for many years struggled with agencies and had some terrible experiences regrettably. It was so refreshing to speak with him recently and he was raving about his new agent and property manager. What made him rave?
• The agency when they signed him up gave him a statement of ‘our commitment to you’
• They are delivering exactly what their commitment stated
• They are paying him his rental monies earlier than expected
• They are phoning him to advise if monies are delayed
• They phone him to survey him and asked ‘is there any way we can improve’?
The agency is sticking to the basics, and of course that is customer service. I believe there is no secret to growing a successful real estate business and rent roll. It is of course hard work (but nothing worthwhile is easy). Successful agencies with substantial growth have all the same things in common
• They have a culture of service
• They have a strong culture of training and improving services
• They have a strong culture of team work
• They have support in the background from the licensee and staff
• They have systems, procedures and policies clearly in place
• They meet regularly to review their practices and always strive to improve
• They all believe in the one goal – client satisfaction = staff satisfaction
December 6, 2011
Is this the beginning of Rent Control in Queensland?
For fear of sounding alarmist or controversial, it is media releases like this below from the Queensland Government that get me wondering where the property industry is heading. Whilst most in the Property Industry would concede that prices for rental property in most mining towns in Queensland is extraordinary and out of reach of most ordinary Queenslanders; it must be asked what about the investors? With increasing regulation imposed on today's property investor is there a possible taskforce to be created to monitor investor costs as well? Generally speaking, rental (and sales) pricing is commonly founded and based upon supply and demand. This has for many many years been the 'formula' (if there was one) for pricing property.
Whilst again the mining rents are extraordinary, the pricing has largely been driven by supply and demand. What is feared is the question - is this the beginning of rent control in Queensland? Or will this be a government reaction to a problem only in mining towns in recent times and in recent years possibly to come? One must refer to the investor as well to even up the playing field - the costs to comply with the myriad of statutory requirements imposed by Government is a costly one for most. It is called an investment for a reason... if Investors continually get hit with regulations and task forces such as below, what will happen? The very possible thing that will happen is what the Government and our society can ill afford. With Government increasingly removing itself from social housing stock with more reliance on the private rental sector, more than this task force needs to be considered.
Media contact: Minister Struthers' office 0408 620 467 Sourced from www.cabinet.qld.gov.au as at 6th December 2011.
www.realestateexcellence.com.au
Whilst again the mining rents are extraordinary, the pricing has largely been driven by supply and demand. What is feared is the question - is this the beginning of rent control in Queensland? Or will this be a government reaction to a problem only in mining towns in recent times and in recent years possibly to come? One must refer to the investor as well to even up the playing field - the costs to comply with the myriad of statutory requirements imposed by Government is a costly one for most. It is called an investment for a reason... if Investors continually get hit with regulations and task forces such as below, what will happen? The very possible thing that will happen is what the Government and our society can ill afford. With Government increasingly removing itself from social housing stock with more reliance on the private rental sector, more than this task force needs to be considered.
New Rent Affordability Taskforce for Mining Communities
A plan of action is underway to help keep rents affordable in boom resource towns, with the establishment of a Rent Affordability Taskforce for Resource Communities. Housing Minister Karen Struthers today announced the taskforce, which will include representatives from the Residential Tenancies Authority, the Urban Land Development Authority, and all relevant Government Departments.
"This taskforce will assess the rental market in resource towns (including level of rent rises and impact of increases); develop strategies to provide more affordable rental; and provide additional support and advocacy to renters," Ms Struthers said.
"I'm pleased to announce new services to work specifically for low income households in resource communities: a new RentConnect service will now help locals under housing stress to find affordable rental properties in resource towns.
"I have also approved $140,000 in funding for outreach Tenancy Advice and Advocacy Serv ice for the resource towns.
"This means new workers who will specifically target help to resource community tenants - protecting their rights, including the right to challenge excessive rental increases.
Ms Struthers said there are new changes to social housing eligibility to allow greater flexibility in resource towns, particularly where there is limited demand for social housing.
"My agency has also placed an immediate hold on the sale of government housing and land in these communities, except for sale for affordable housing."
Ms Struthers said rapid growth in the resources industry has made local housing supply and affordability a major issue.
"We are taking action to provide more support and we are addressing this concern."
The action of the taskforce will build on the considerable action of the Bligh Government, including:
"This taskforce will assess the rental market in resource towns (including level of rent rises and impact of increases); develop strategies to provide more affordable rental; and provide additional support and advocacy to renters," Ms Struthers said.
"I'm pleased to announce new services to work specifically for low income households in resource communities: a new RentConnect service will now help locals under housing stress to find affordable rental properties in resource towns.
"I have also approved $140,000 in funding for outreach Tenancy Advice and Advocacy Serv ice for the resource towns.
"This means new workers who will specifically target help to resource community tenants - protecting their rights, including the right to challenge excessive rental increases.
Ms Struthers said there are new changes to social housing eligibility to allow greater flexibility in resource towns, particularly where there is limited demand for social housing.
"My agency has also placed an immediate hold on the sale of government housing and land in these communities, except for sale for affordable housing."
Ms Struthers said rapid growth in the resources industry has made local housing supply and affordability a major issue.
"We are taking action to provide more support and we are addressing this concern."
The action of the taskforce will build on the considerable action of the Bligh Government, including:
- The Major Resource Projects Housing Policy, which requires resource companies to build more housing as part of their project approval
- The Urban Land Development Authority's new developments in Gladstone, Moranbah, Blackstone (Real Estate Excellence note; I believe they mean Blackwater here?) and Mackay, all of which are bringing more housing to market to ease pressures on rent prices.
- Significant National Rental Affordability Scheme allocations in these communities to build affordable new properties for rental at 20% below market prices.
- Tougher tenancy laws that allow tenants to challenge excessive rent increases.
Media contact: Minister Struthers' office 0408 620 467 Sourced from www.cabinet.qld.gov.au as at 6th December 2011.
section 71 of the RTRA Act already allows tenants to dispute significant changes from one lease to another including rent increases.
www.realestateexcellence.com.au
November 12, 2011
National Real Estate Licensing
Factsheet for current licensees
Australia working together
One system, one national licence
A new national occupational licensing system commences from July 2012. This means that as a current licence holder, you will get a single national licence for your current occupation which will enable you to work anywhere in Australia without having to worry about applying or paying for different licences.
What does this mean for me?
As a current licence holder, you will automatically become part of the new national system. The first wave of occupations to commence will include property occupations (excluding conveyancers and valuers) electrical occupations, plumbing, gasfitting and air-conditioning and refrigeration occupations. Building and building related occupations, conveyancers and valuers will be transferred to the national system in a second wave.
How will national licensing benefit me as an employer?
As an employer, national licensing will allow you to advertise and employ staff from anywhere across Australia – without the delay of waiting for a new licence to be issued if the licensee lives in a different state or territory.
You can do tomorrow what you can do today
The new national system will not disadvantage current licensees. If you are licensed to perform a certain type of work in a state or territory, you will be able to perform the same work right across Australia under your national licence.
How do I transfer to a national licence?
You do not need to take any action for this to happen. You will be advised individually by your state/territory licensing authority, prior to commencement of the new system, of the licence to which you will transfer. The new system will be administered by the National Occupational Licensing Authority (NOLA) but you will still go to your state/territory licensing agency for all licensing matters, including renewals.
National licensing will increase Australia’s ability to respond to national emergencies. This means that experienced tradespeople from across Australia can work together in any state or territory to help out with any clean up, without the need to apply for a licence in that state/territory.
Transparency for consumers
NOLA will set up a national register of licensees to assist consumers to make an informed decision about who they may choose to undertake work required
Current as at 12th November 2011 – sourced from www.nola.gov.au by Real Estate Excellence www.realestateexcellence.com.au
Subscribe to:
Posts (Atom)