REIQ Best Practice Guidelines v03.23 - Flipbook - Page 96
(c) If the Member C&I Agent receives any rebate,
discount or other benefit from a third party
service provider that is engaged due to the
referral of the Member C&I Agent, this must be
disclosed in the PO Form 6 in Section 4 of Part
8.
68.
NOTICES
(a) Member C&I Agents may issue notices on
behalf of the Client, with their Client’s written
approval, that the Client may to issue under the
terms of the lease, except for a notice relating
to a default of the lease or notice to remedy
breach of covenant which must be prepared by
a legal advisor.
(b) Member C&I Agents should consider if
legal advice is required prior to issuing
notices relating to:
i.
destruction of a property;
ii.
rent abatement;
iii.
relocation of a property;
iv.
demolition or development of a
property;
v.
a termination right under the lease; or
vi.
lease renewals.
69. LESSEE’S DEFAULT
(a) If a lessee defaults on the lease by failing to
make a payment when due or failing to comply
with any obligation, the Member C&I Agent
should advise the Client promptly after
becoming aware of the default.
(b) Member C&I Agents may make enquiries with
the lessee about the default and request to
lessee to rectify the default within a reasonable
period of time. Member C&I Agents should
keep records of all correspondence or
communications with the lessee about a
default of the lease.
(c) Member C&I Agents must not provide
legal advice to the Client or lessee about
their rights and entitlements under the lease.
70
It is an offence to provide legal
services if you are not an
Australian Legal Practitioner and
could cost you up to $46,440 or
2 years’ imprisonment70.
(d) Member C&I Agents must not provide any
legal services to the Client such as preparing a
notice to remedy breach of covenant.
70. TAKING POSSESSION OF A PROPERTY
(a) If a Client instructs a Member C&I Agent to
take possession of a property (including by
changing the locks) the Member C&I Agent
should direct the Client to obtain legal
Legal Profession Act 2007 (Qld), s 24
REIQ BEST PRACTICE GUIDELINES
V08.23
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