Agents must walk a fine line

Prop­erty man­age­ment is one of the hard­est tasks a real es­tate agent can take on, as there is plenty of leg­is­la­tion and a re­quire­ment to look af­ter both owner and ten­ant

The Courier-Mail - Property - - MARKET OUTLOOK REALESTATE - REIQ chair­man Pamela Ben­nett

ACROSS Queens­land, more than 287,000 prop­er­ties are rented through prop­erty man­agers, ac­cord­ing to the 2011 cen­sus.

To­day, prop­erty man­age­ment re­mains a core busi­ness of the ma­jor­ity of real es­tate agen­cies, and is one of the most chal­leng­ing du­ties an agent can un­der­take.

The world of prop­erty man­age­ment is quite com­plex, with leg­is­la­tion af­fect­ing the ev­ery­day work­ings of the ten­ant and land­lord re­la­tion­ship. There are also many pro­ce­dures and prac­tices re­quired by leg­is­la­tion.

Good man­age­rial skills, con­flict res­o­lu­tion ex­pe­ri­ence, diplo­macy and so­cial sen­si­tiv­ity are nec­es­sary at­tributes for a mod­ern prop­erty man­ager.

The Res­i­den­tial Ten­an­cies and Room­ing Ac­com­mo­da­tion Act (RTRA Act) is the leg­is­la­tion that reg­u­lates res­i­den­tial ten­an­cies in Queens­land.

How­ever, prop­erty man­agers also have to ad­here to other leg­is­la­tion, in­clud­ing the Fair Trad­ing Act, the Com­pe­ti­tion and Con­sumer Act, the Pri­vacy Act and the An­tiDis­crim­i­na­tion Act, dur­ing the rental process.

In ev­ery neigh­bour­hood across the state there are hun­dreds of rental prop­er­ties, and some­times a prop­erty man­ager may re­ceive a com­plaint from an owner in the area about the be­hav­iour of a ten­ant in one of the rental prop­er­ties on their rent roll.

When it comes to as­sess­ing the va­lid­ity of th­ese com­plaints, how­ever, prop­erty man­agers must abide by the RTRA Act, which pro­tects the rights and re­spon­si­bil­i­ties of both ten­ants and land­lords in the rental process.

The RTRA Act also lim­its the num­ber of times a prop­erty man­ager or land­lord can en­ter a rental prop­erty to con­duct a gen­eral in­spec­tion, which en­sures ten­ants have quiet en­joy­ment of their home.

In­deed, the RTRA Act sets clear time­lines for serv­ing notices on ten­ants.

In some in­stances, it states the amount of time a no­tice must be given be­fore any ac­tion is taken. In oth­ers, it sets lim­its on the amount of time in which an ac­tion must oc­cur.

For ex­am­ple, prop­erty man­agers or land­lords can en­ter a prop­erty to con­duct a gen­eral in­spec­tion no more than once ev­ery three months, un­less oth­er­wise agreed with the ten­ant.

Un­der the leg­is­la­tion, prop­erty man­agers or land­lords can also only en­ter a rental prop­erty to check whether re­pairs have been com­pleted and/or a ten­ant has fixed a sig­nif­i­cant breach af­ter be­ing served a no­tice to rem­edy breach.

Pro­fes­sional prop­erty man­agers will al­ways have a com­plaints han­dling pro­ce­dure in ac­cor­dance with rel­e­vant leg­is­la­tion.

And, while com­plaints will al­ways be taken se­ri­ously, prop­erty man­agers must ad­here to leg­is­la­tion so they are act­ing in the best in­ter­ests of land­lords while pro­tect­ing the rights of ten­ants.

Newspapers in English

Newspapers from Australia

© PressReader. All rights reserved.