REIQ Best Practice Guidelines v03.23 - Flipbook - Page 56
ii.
have evidence verifying the amount
claimed by the Member Property
Manager, such as invoices or quotes;
iii.
not claim an amount in excess of what
their Client is reasonably entitled to;
iv.
release any portion of the undisputed
bond amount; and
v.
ensure the Bond Refund Form is
completed correctly including reasons
and amounts for any claims.
(e) If the tenant disputes the Member Property
Manager’s claim on the security bond, the
matter will progress to the RTA’s confidential
conciliation service. If this occurs, the Member
Property Manager should:
(b) Member Property Managers should not act
on behalf of their Client in QCAT
proceedings without first obtaining written
authority to act and legal advice
about their liability and possible
consequences.
(c) Member Property Managers should not
provide advice to the Client, and act for the
Client, in relation to the enforcement of
QCAT decisions or money orders. If the
Client obtains a money order against a
tenant in QCAT, the Member Property
Manager should recommend their
client obtain legal advice to enforce
the order.
67. ENTITLEMENT TO FEES
(a) Member Property Managers are entitled to
payment of their commission/fees as
stated in the PO Form 6 when they become
due.
i.
make all attempts to self-resolve the
matter prior to conciliation;
ii.
provide the tenant with all supporting
evidence for the claim;
iii.
seek instruction from the party who
will be the final decision maker prior to
attending the conciliation process; and
(b) If a Client disputes a Member Property
Manager’s entitlement to their commission
or fees, the Member Property Manager
should send a notice to the Client within 5
business days, stating:
iv.
use their best endeavours to discuss
the matter with the aim of reaching a
mutual agreement.
i.
what amount of fees the Member is
entitled to;
ii.
how the Member proposes to take the
fees (if they hold a monies or if an
invoice shall be issued);
iii.
confirming the grounds under which
the Member Property Manager is
entitled to their fees and authorised to
take their fees (as set out in the PO
Form 6); and
iv.
giving the Client reasonable time to
provide their response before the
Member Property Manager will take
further steps to take their fees.
66. QCAT APPLICATIONS AND
PROCEEDINGS
(a) Member Property Managers are encouraged to
either contact the REIQ Property Management
Support Service or seek legal advice if
they are made a party to QCAT
proceedings or they are considering making an
application in QCAT.
REIQ BEST PRACTICE GUIDELINES
V08.23
56
