REIQ Best Practice Guidelines v03.23 - Flipbook - Page 53
56. NOTICES REQUIRED FOR SALE OF
PROPERTY
If the Client intends to sell the property, the
Member Property Managers must issue the
following notices as appropriate:
(a) Form 10 – Notice of Intention to Sell Property;
(b) Consent to conduct an open house on the
property;
(c) Consent to hold an onsite auction; and
(d) Consent to use photos or images for
advertising.
57. LEASE RENEWALS
(a) Member Property Managers should obtain
instructions from the Client in relation to a
tenancy coming to an end at least three (3)
months from the end date of the Form 18a.
(b) If a Client instructs a Member Property
Manager to offer a new fixed term agreement
to the tenant, the Member Property Manager
should issue a Letter to the tenant enclosing
the new Form 18a with the Form 12 (if no Form
12 is already in place), stating that the tenant is
required to respond within a reasonable time
or otherwise, the Form 12 will take effect.
(c) After a new Form 18a has been entered and
signed by the parties, Member Property
Managers should seek instructions from their
client and confirm if the client wishes to have a
Form 12 issued shortly thereafter, on the
grounds of the end of the fixed term
agreement, to:
i.
ensure the end date of the agreement
is the tenant’s vacating date (if the
tenant is not later offered a new
tenancy); and
ii.
minimise the risk of missing notice due
dates closer to the end of the tenancy.
58. HOW A PROPERTY IS LEFT & BOND
RETURNS
(a) Member Property Managers must not require
a tenant to leave a property in a better
condition than it was in at the commencement
of the Form 18a General Tenancy Agreement.
66
(b) Member Property Managers cannot require a
tenant to undertake specific treatment to the
property that is not specified in the Form 18a if
such treatment is not necessary for a tenant to
comply with its obligations under a Form 18a
or RTRA Act.
(c) Member Property Managers should act
reasonably when assessing if a property is left
sufficiently clean having regard to the age of
the property, fair wear and tear and any lapsing
of time between the return of the tenant’s keys
and the date of the Member’s final inspection
of the property which should occur within 3
business days of the tenant vacating the
property.
(d) Member Property Managers should endeavour
to return the bond to the tenant as soon as
possible
and
not
cause
any
unnecessary/unreasonable delays in returning
the bond to the tenant.
(e) Member Property Managers should endeavour
to reach agreement on bond refund amounts
prior to submitting a Bond Refund Form to the
RTA. When submitting a Bond Refund Form, it
must contain accurate information, including
reasons and amounts for any claims on the
bond.
59. GOODS LEFT AT A PROPERTY
If a vacating tenant leaves personal goods at the
property, which are not personal documents or
money, then the Member Property Manager may
sell the goods or dispose of the goods if they
believe on reasonable grounds that66:
Watch the REIQ New Tenancy Laws
training for a comprehensive
overview of the recent
tenancy law reform
Residential Tenancies and Rooming Accommodation Act 2008, s363
REIQ BEST PRACTICE GUIDELINES
V08.23
53
