REIQ Best Practice Guidelines v03.23 - Flipbook - Page 52
(c) If the Client does not wish to authorise the
Member Property Manager for the maximum
permitted amount for both emergency and
routine repairs, Member Property Managers
should request the maximum authorisation for
emergency repairs and another amount for
routine repairs and maintenance.
52. DAMAGE CAUSED BY TENANT
(b) If the above circumstances apply, Member
Property Managers should consider rent
decreases to the extent that such
circumstances effect the tenant’s quiet
enjoyment and use of the property.
54. TENANT’S DEFAULT
(a) Member Property Managers must advise their
Client of any report or notice of damage caused
to the property by the tenant.
(a) If a tenant breaches the Form 18a by failing to
make a payment when due or failing to comply
with any obligation, the Member Property
Manager should advise the Client promptly
after becoming aware of the default.
(b) Member Property Managers should recommend
to their Client that a Notice to Remedy Breach is
issued to the tenant as soon as practicable.
Once instructions are received, the Member
Property Manager should issue the Notice
requiring the tenant to repair the damage within
a reasonable period (for example, 14 days).
(b) Member Property Managers may make
enquiries with the tenant about the default and
seek to negotiate an arrangement to remedy
the breach within a reasonable time frame.
(c) Member Property Managers should conduct an
inspection of the tenant’s repair works after the
allowed period and provide a report to their
Client of the state of repair.
(c) Member Property Managers may issue a
Notice to Remedy Breach64 to the tenant
requiring the tenant to remedy the breach
within a reasonable time frame and notifying
the tenant of what action the Member Property
Manager may take if the breach is not
remedied.
53. RENT ABATEMENT
55. FORM 12 NOTICE TO LEAVE
(a) Member Property Managers should seek their
Client’s instructions with respect to decreasing
rent payable if one of the following
circumstances occur63:
i.
the property is destroyed, made
completely or partly unfit to live in;
ii.
no longer may be used lawfully as a
residence;
iii.
are appropriated compulsorily by an
authority;
iv.
services, facilities or good to be
provided to the tenant are no longer
available for a reason other than the
tenant’s failure to meet an obligation; or
v.
the amenity or standard of the property
decreases substantially other than
because of damage caused by the
tenant.
63
Residential Tenancies and Rooming Accommodation Act 2008, s94
64
Residential Tenancies and Rooming Accommodation Act 2008, s280
65
Residential Tenancies and Rooming Accommodation Act 2008, s281 - 291
REIQ BEST PRACTICE GUIDELINES
V08.23
(a) If the Client instructs them to do so, Member
Property Managers may issue a Form 12 Notice
to Leave (Form 12) for circumstances
prescribed by the RTRA Act65.
(b) Member Property Managers should provide
their Clients with the Ending Tenancies
Factsheet prior to issuing the Form 12.
(c) If a Member Property Manager is instructed to
issue a Notice to Leave under grounds they
know to be false or misleading, the Member
Property Manager should direct the Client to
seek advice about offence provisions prior to
issuing the Notice to Leave.
For best practice tips to complete a
Form 12 – see the REIQ Checklist for
Form 12 in Realworks
52
