REIQ Best Practice Guidelines v03.23 - Flipbook - Page 94
(d) provide suitable time frames for actions to be
taken;
(e) keep in open communication with the lessee;
(f) not provide lessees with legal or financial
advice. If a lessee seeks advice from a Member
C&I Agent about their rights and obligations
under lease or any relevant legislation, the
Member C&I Agent should refer the lessee to
seek independent legal advice; and
(g) not interfere with the lessee’s entitlement to
quiet enjoyment of the property.
57. PROCEDURES UNDER A LEASE
Member C&I Agents may facilitate procedures
under the terms of a lease however should not
provide legal advice as to the parties rights,
obligations or entitlements under those terms of
the lease.
(b) If the Client’s consent is conditional on any
matters or imposes any obligations on the
lessee, the Member C&I Agent must direct the
Client to obtain legal advice about the
consent and what documents may need
to be prepared to formalise the consent.
59. RECEIVING RENTS AND OUTGOINGS
(a) Member C&I Agents are authorised under the
PO Form 6 to collect rents and outgoings on
behalf of the Client.
(b) Member C&I Agents can deduct their fees and
expenses incurred from monies received, if
authorised under the PO Form 6 REIQ
Schedule.
(c) Member C&I Agents must provide to the Client
in writing an account of all monies received,
paid or appropriated in accordance with the
lease.
60. RENT REVIEWS
58. LESSOR CONSENTS
(a) If a lessee is required to obtain the Client’s
consent to any matter under the lease, the
Member C&I Agent may facilitate obtaining
the Client’s consent in accordance with the
procedure set out under the terms of the lease
and to the extent that they are not providing
legal advice or services to the Client.
(a) Member C&I Agents may conduct rent reviews
on behalf of the Client.
(b) Rent reviews must be calculated in accordance
with the procedures set out in the lease.
(c) Member C&I Agents must ensure any notices
required to be given to a lessee with respect to
a rent review under the terms of the lease are
provided by the stated due dates.
61. PEST MANAGEMENT
Register for the
Commercial Property
Management Program
for specialised
training
REIQ BEST PRACTICE GUIDELINES
V08.23
If a Member C&I Agent is instructed by a Client to
arrange a pest management activity at the
property, the Member C&I Agent must only
engage a licensed pest management business to
conduct the activity. Member C&I Agents should
seek evidence that the pest management business
is licensed.
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