REIQ Best Practice Guidelines v03.23 - Flipbook - Page 55
63. SUBLETTING / TRANSFER
(a) If a request is received from a tenant to transfer
their tenancy to another party or sublet the
tenancy, the Member Property Manager
should seek their Client’s instructions to the
request.
(b) Member Property Managers should obtain
information and supporting evidence of the
proposed assignee or sublessee as required for
the original tenant under guideline 13 of this
Chapter 4. Member Property Managers should
advise their Client’s of their statutory
obligation not to unreasonably reject the
tenant’s request.
(c) Member Property Managers should provide a
copy of the Entry Condition Report to any
incoming tenant prior to that tenant moving
into the property.
(d) Member Property Managers must obtain a
signed Form 18a, payment of a replacement
security bond and rent in advance (if required)
from the new tenant prior to handing over the
property.
(e) Member Property Managers should encourage
a Change of Bond Contributors Form (RTA
Form 6) to be submitted to the RTA if a tenant
transfers some or all of their bond to another
party.
64. EXIT CONDITION REPORT
(a) Prior to the ending of a Form 18a, the Member
Property Manager should provide the tenant
with the Exit Condition Report and request the
tenant to complete and sign the report before
or on the date the agreement ends69.
(b) Within 3 business days of receiving the report
from the tenant, the Member Property
Manager must conduct an inspection of the
property and mark the parts of the report
which it does and does not agree with. The
Member Property Manager must sign the
report and provide a copy to the tenant.
69
(c) Member Property Managers may, but are not
obligated to, and if circumstances allow,
provide the tenant with an opportunity to enter
the property to correct items in the condition
report which are not to the standard required
by the Form 18a General Tenancy Agreement.
(d) Member Property Managers must keep a copy
of the fully signed exit condition report for at
least 12 months.
65. REFUND OF SECURITY BOND
(a) Member
Property
Managers
should
expediently facilitate the release of security
bond at the end of the tenancy.
(b) If there is no dispute or claim to be made on
the security bond, the Member Property
Manager should arrange for a Refund of Rental
Bond form to be completed, signed and
returned to the RTA as soon as practicable.
Member Property Manager’s should include
the tenant’s email address to allow for digital
signing so that the process may be fast-tracked
by the RTA.
(c) If in the opinion of the Member Property
Manager, the Client is entitled to recover any
amount from the tenant’s security bond
(whether such time is during or after the term
of the Form 18a General Tenancy Agreement)
the Member Property Manager must make a
claim on the security bond with the RTA as
soon as practicable.
(d) If the Member Property Manager makes a
claim on a security bond, the Member
Property Manager must:
i.
have a valid basis for making the claim
under the Form 18a General Tenancy
Agreement or RTRA Act, for example
that the tenant has failed to meet an
obligation and there is an express
provision for the tenant to compensate
any amount incurred to the Client or
Member Property Manager;
Residential Tenancies and Rooming Accommodation Act 2008, s66
REIQ BEST PRACTICE GUIDELINES
V08.23
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