October 18, 2011

Failure to attend to Maintenance - the worst outcome

Yesterday a coroner's inquest began into the tragic death of a baby at a rental property. The tragedy is difficult to comprehend and my thoughts and prayers are with ALL involved.

From a professional aspect, the tragedy hits home as to why Property Managers must attend so promptly to any maintenance or matters that they become aware of. In my many years of agency practice, and particularly the last ten years in agency risk and advisory roles, there are too many occasions where property managers are faced with the challenging task of educating and negotiating with owners of investment property who will not spend money on their investment.
Not only is there statutory general obligations imposed on investors in Australia to maintain their properties to ensure they are fit to live in, in good repair, safe etc,  there is of course the real side of this story; and that is the worst case scenario. Someone could get seriously hurt, or worse a child dies.

This blog does not purport to comment on the inquest, merely a general observation of the industry in recent years. Finances are tougher for most but investors need to understand they must factor in the costs of maintenance as part of their investment. Property Managers also need to educate their investors from day one of this requirement. Namely advise landlords of their legislative requirements plus the risk element. This would extend to advising investors to put aside certain funds to attend to day to day maintenance and other matters that happen from time to time such as hot water systems etc.

In reality, dealing with maintenance issues on rental property should not be as difficult as it is for some. However, the reality is that it is. Investors out there having a go and supplying housing that is desperately needed in most areas however doing so on a shoe string budget. Property Managers are trying to educate, communicate and negotiate with tenants and landlords of both rights and obligations and too often being caught in the middle and blamed. Tenants are also frustrated that maintenance is not being carried out.

The 'buck' generally stops with investors; they are solely responsible for their property. Agents and Property Managers who allow investors to disregard their legislative obligations run the risk of loss of reputation in the market place plus the risk management element in the event of injury and being accused of contributory negligence.

I know the frustration; I was a property manager for many years, and a tenant and am also a property investor as well.

I have been for many years a Risk advisor/trainer and have seen too many good agents get caught up in situations that they should never have allowed. Isn't hindsight amazing.... maybe it is time to cull the risk properties and move on...

www.realestateexcellence.com.au

October 13, 2011

Real Estate Excellence MID October 2011 Member Update

Welcome to the Mid-October Edition of the Real Estate Excellence Member Update.  The Update was emailed to all Members October 13th 2011

Industry Update



Pool Safety Certificates and a Reminder about the Pool Register



Curtain and Blind Laws Update
  

LICENSEE AND ADMINISTRATION best practice

Auditing Trust Accounts





Month of licence expiry
Audit period (dd/mm)
Audit report due by end of
January
01/10 - 30/09
January
February
01/11 - 31/10
February
March
01/12 - 30/11
March
April
01/01 - 31/12
April
May
01/02 - 31/01
May
June
01/03 - 28/02
June
July
01/04 - 31/03
July
August
01/05 - 30/04
August
September
01/06 - 31/05
September
October
01/07 - 30/06
October
November
01/08 - 31/07
November
December
01/09 - 31/08
December



Applying for an extension

Lodging your audit report
Changing an auditor

Applying for approval as an auditor

Ceasing to trade

Unused trust accounts


Unclaimed trust money.

Penalties



Residential SALES best practice



Rental Properties for Sale





Residential PROPERTY MANAGEMENT best practice

General Questions and Best Practice Response
Below are some common questions asked from property managers and best practice responses from Real Estate Excellence that will be of assistance to property managers and licensees.
Question
How to tackle landlords that want tenants to deal with light bulbs, clean gutters, house washing, trim trees etc. and some dialogue we could use
Real Estate Excellence Suggested Response
 
  
Who is responsible for supplying and maintaining light bulbs?
Who is responsible for light bulbs when they blow?


Question
How to tackle routine inspections with tenants who are not keeping the property clean (a lot of them think we are only inspecting for maintenance or damage, and are not looking at how they keep it). Wondering what is best practice here? Is it always worth breaching a tenant for cleaning? Or depending on the extent, is it worth mentioning to the tenants verbally or in writing, is there some dialogue or should this always go in writing regardless of the seriousness of the issue


Real Estate Excellence Suggested Response
 
Question
Trees and fencing….we are never sure where we stand and are not sure how to convey professionally to a landlord where our responsibility ends and where they need to handle these issues

Real Estate Excellence Suggested Response

Question

How do we cover ourselves with tenants who keep the property in poor condition, don’t pay rent on time but the landlord has instructed us to keep them on? Should we put something in writing regarding this, or some dialogue when dealing with these landlords (who then complain about lack of rent and the condition of the property?)

Real Estate Excellence Suggested Response

Property Management Resource CD
Real Estate Excellence is proud to release a new service. The Property Management Resource CD has over 160 training and resource documents.  Substantial Member Discounts are provided as part of this service. For more information, please email Stacey Holt.
The following information is included on the CD provided.

  • PAMD Form 20a best practice completion (4 pages) plus explanatory notes
  • RTA Form 18a best practice completed for house and unit example
  • Anti-Discrimination booklet to use for training and to give to lessors
  • Pool Safety Laws best practice information booklet plus fact sheets
  • Safety switch brochure
  • Smoke alarm best practice information sheet plus fact sheets
  • PAMD Real Estate Agency Practice Code of Conduct plus best practice explanation for sections relevant to property management
  • RTRA Act sections that commenced in July 2009 plus link to the Act and the regulations to download)
  • DRUG Lab awareness training .wmv file – 22 minutes plus notes for staff training and awareness including legislative tips on how to end a tenancy if a drug lab is found
  • Best practice tenancy sign up CD – 20 minutes to use in staff training
  • RTA Fact sheets and the green book plus a guide for managing property for managers
  • QCAT training workbook for staff training

  • RTA Form 11 best practice examples for;
    • Illegal use of the premises - Smoke alarms
    • Illegal use of the premises - Pools
    • Breaching special terms
    • Rent arrears
    • Noise
    • Pets kept inside in breach of agreement
    • Unapproved pets
    • Not keeping the premises clean
  • Real Estate Excellence Best Practice Information and Training Sheets
    • Break leases
    • Flood disaster
    • Inviting the tenant to the final inspection
    • Minimum period before rent can be increased
    • Negotiating tenancies on behalf of the lessor
    • Payment of rent by electronic transactions
    • Rent increases from one fixed term to another
    • Rental bonds
    • Rental property and advertising special terms
    • Rental property inspections – tips for every property manager
    • Tenancy applications – beginning with the end in mind
    • The importance of passing on risk to the lessor
    • What happened to declined tenancy applications
    • Termite inspections – where do the responsibilities lie?
    • When tenancy documents must be given to new tenants
    • Water charging and rental property

  • QCAT published decisions and appeals (68 decisions)
  • QCAT Forms
    • QCAT Form 2 Minor Civil Dispute – urgent and non-urgent application
    • QCAT Form 8 Counter application
    • QCAT Form 9 Affidavit of service
    • QCAT Form 39 Application to appeal
    • QCAT Form 40 Application for miscellaneous matters
    • QCAT Form 43 Application for reopening
    • Application for waiver of fees
    • QCAT Request for compensation
    • Request for written reasons or audio CD
  • QCAT Form 2 best practice completed for non-urgent and urgent applications

The information provided is current as at 10th October 2011.






Stacey Holt - Director
REAL ESTATE EXCELLENCE ACADEMY PTY LTD                                               
www.realestateexcellence.com.au

October 10, 2011

Policies and Procedures Best Practice Guide - Property Management coming soon!

 Policies and Procedures

Guide

 Queensland

Property Management



Procedure
Page

Appraising Rental Property


Listing presentation


Completing the PAMD Form 20a


Lessor obligations


Listing the property for rent


Showing the property


Completing an entry condition report


Completing and understanding the General Tenancy Agreement


Tenancy applications and processing


Tenancy sign up procedures


Tenant obligations


Issuing of Notices


Bond lodgement


Rent payment methods


Arrears management


Smoke Alarm management


Pool Laws Management


Appointing Contractors and Tradespeople


Routine maintenance


Emergency maintenance


Lease renewals


Rent increases


Bond increases


Break lease


Change of shared tenancy


Tenant requests


Disaster Management


Dispute Resolution during the tenancy


Entry notices


Routine inspections


Reporting to the lessor


Reinspecting property after a routine inspection has been completed


Water


Rental property for Sale


Notice period for Breaches


Ending the tenancy lawfully


Terminating tenancies due to breach of agreement


Urgent Tribunal Applications


Vacating


Bond Refunds


Bond Disputes


Dispute Resolution


Non Urgent Tribunal Applications


Completing Tribunal Documentation



Presenting in Tribunal


Debts owing by tenants



Tenancy Databases



Abandonment


Lost management


Record keeping management



Filing management


Email management


Lessor communication


Tenant communication


Negotiation Tips


Follow up


Best practice completion of RTA documentation


Job Description examples


Time management