GUIDELINES FOR RENTING
BEFORE TENANCY
Prior to lodging your application for consideration of Tenancy through Property Management HQ you will be provided with a copy of the General Tenancy Agreement specific to the property you are interested in.
You or a personal representative must have viewed the property.
You will be able to lodge your application online. You will only need to print the pages that require a signature and either scan, fax or post to us that page.
However,all original documentation supporting your application must be sighted by a representative of Property Management HQ before the handover of the property.
AT THE START OF YOUR TENANCY
You will be provided with a General Tenancy Agreement which includes the standard terms and any additional special terms – everyone named in the General Tenancy Agreement must sign this document;
You will receive a copy of the Residential Tenancy and Rooming Accommodations Act 2009 - Form 17a (the Information Statement) – we will provide this to every tenant in accordance with the relevant Queensland Legislation.
You will be required to complete an Entry Condition Report - Form 1a and return it to us within three days of taking possession of the rental premises; and you will be required to pay a bond equal to four weeks rent and pay the first two weeks rent prior to taking possession of the property.
FIXED TERM GENERAL TENANCY AGREEMENT
A Fixed Term General Tenancy means a lease with a specific start date and end date.
A Periodic General Tenancy has a beginning date and no definite ending date.
Your rights and obligations remain the same regardless of what type of tenancy is in place.
TERMS OF THE GENERAL TENANCY AGREEMENT
All leases through our office will be either in the RTA format or an REIQ Accredited Agency Tenancy Agreement. They will include standard terms in accordance with the Residential Tenancies and Rooming Accommodations Act 2008 (Qld) and special terms specific to the property.
Pets: Where lessors have permitted pets on the property in the lease - it will be strictly outside pets only. If we find pet smells or other evidence of pets being kept inside the property, we will issue a Notice to Remedy Breach followed by a Notice to Leave. We request you adhere to these terms because we are very strict about protecting the condition of the property.
Where Pets are not permitted in the property and stated as such on the lease - it is strictly prohibited to keep any pet on the property. Lessors have their reasons for not permitting pets on the property. If you breach this trust, we will have no choice but act in our clients best interest and seek ways to terminate your Tenancy Agreement. If this is the case and damages do occur as a result - you will incur the cost of repairs.
No cars are permitted to be parked on the lawn. Where parking on the lawn causes permanent damage the tenant will 'make good' at their expense.
RENT INCREASES
Rent increase during a Fixed Term General Tenancy Agreement. If there is to be a rent increase it will be written in the Special Terms of your General Tenancy Agreement. This will state the amount and date in which the increase will take effect from.
ENTRY CONDITION REPORT
This is an important document and forms part of the documents you will receive with your General Tenancy Agreement. We do require a fully completed Entry Condition Report to be returned to us within 3 days to prevent any unnecessary disputes at the end of the tenancy period.
The entry condition report is a record of the property's condition at the commencement of the tenancy. This report is used at the end of the tenancy. The property must be returned to Property Management HQ in the same condition it was in the beginning, fair wear and tear excepted.
Under the new Residential Tenancy and Rooming Accommodations Act 2009, you will only be provided with one copy of the Entry Condition Report on or prior to the day you take possession of the premises. It will be a signed report and you will only be provided with three days to fill in your section and return to us. Once we have received your signed copy, we will make a copy to return to you. It is our recommendation that you also make a copy prior to returning the completed form to us.
It is crucial at this point that we all discuss any areas of concern and come to an agreement to help eliminate any dispute at the end of the tenancy.
PERSONAL CONTENTS INSURANCE
Tenants are responsible for their own contents insurance.
Many tenants mistakenly believe that their belongings are covered under the lessor's insurance.
If you do not take out personal contents insurance and you suffer a loss, Property Management HQ and the owners of the property cannot and will not be held liable.
RENTS, BONDS & OTHER EXPENSES
We will require you to pay a bond at the beginning of the tenancy. In accordance with the Residential Tenancy and Rooming Accommodations Act 2009, the bond can be no more than four times the weekly rent if the rent is $500 or less per week.
However if the weekly rent is more than $500, there is no limit on the bond that can be charged.
We will forward the whole Bond amount to the Residential Tenancies Authority (RTA) within 10 days of receipt. You will receive a receipt from the RTA acknowledging receipt of the monies.
WATER CHARGING IN QUEENSLAND
The charging for water will be stated in the special terms of the General Tenancy Agreement and is also detailed in the Residential Tenancy and Rooming Accommodations Act 2009 (Qld). If the premises comply with the Water Efficiency Standards – you will be required to pay for all water usage to the premises. You will be issued with an Invoice from our office along with the copy of the water usage by Council.
You must pay for this invoice within one month. If you fail to do so, you will be issued with a Notice to Remedy Breach. And if you refuse to pay, the lessor may request termination of your tenancy agreement. Please note the termination of agreement does not absolve you of your duty to pay.
Ensure that you have your copy of your Entry Condition Report and General Tenancy Agreement in a safe and easily accessible place.
PICTURE HOOKS
Some properties already have hooks invarious walls - where this is the case, you may use these hooks but you are not permitted to increase the number of hooks without prior written permission.
We do believe when you move into a property - it is you "home" but as pictures/frames and special memories are very personal - what fits into your space will not suit the next family that moves into the house.
These are examples of hooks that are NOT permitted unless written permission is provided via email or letter. We do refer all requests to the owners first including how many hooks you would like and on what wall you would like to have it. You can understand - it is the owners house and the last thing we want is for them to come and visit and find hooks on every surface causing damage to the wall.
What can you use?
We highly recommend the use of 3M hooks - you can purchase these from supermarkets and hardware stores. They do cost more than the cheap $2 shop sticker types - but you won't get in trouble if this is the case.
If you do choose to use 3M hooks and feel insecure to remove at the end of the tenancy - please leave it behind and we will consult the owner - if we remove it on your behalf and cause damage to the plaster - we will take responsibility for it - not you.
What do 3M hooks look like? These are a few examples:
MAINTENANCE AND ACCESS
Property Management HQ will advise all owners when maintenance is required and seek instructions to carry out such repairs.
You the tenant have an obligation under the Residential Tenancy and Rooming Accommodations Act 2008 (Qld) to advise us promptly if there is any maintenance required on the property.
The Maintenance Request must be in writing, via email or lodged directly from our website. Click here to download our Maintenance Request Form.
The definition of routine repairs according to the Residential Tenancies and Rooming Accommodations Act 2008 section 215 are repairs that are not emergency repairs.
The definition of emergency repairs as per section 214 of the Residential Tenancy and rooming Accommodations Act 2008, are works needed to repair any of the following:
• a burst water service
• a blocked or broken lavatory service
• a serious roof leak
• a gas leak
• a dangerous electrical fault
• flooding or serious flood damage
• serious storm, fire or impact damage
• a failure or breakdown of the gas, electricity or water supply to premises
• a failure or breakdown of an essential service or appliance on premises for hot water, cooking or heating
• a fault or damage that makes premises unsafe or insecure
• a fault or damage likely to injure a person, damage property or unduly inconvenience a resident of the premises
• a serious fault in a staircase, lift or other common area of premises that unduly inconveniences a resident in gaining access to, or using, the premises.
Routine repairs are any matter other than the above mentioned.
Maintenance Repair time frames – we will attend to routine maintenance within a reasonable time frame.
Emergency maintenance will be attended to immediately. Please refer to your tenancy agreement for instructions on who to contact if the emergency occurs out of hours.
for more information - please refer to our Maintenance section.
ROUTINE INSPECTIONS
Routine inspections will be carried out regularly to ensure that the premises are maintained in a reasonable condition. You will be issued with an Entry Notice – Form 9 approved by the Residential Tenancies Authority.
The purpose of the routine inspection is to check on any maintenance and actually see the maintenance so we can better communicate this to the owners. Also we need to convey to the owners how well you are looking after the property.
We don't mind if you are untidy because the busy nature of our lives can be hectic to clean up - but as we don't come around that often we would appreciate if you did make the effort.
We will take photos for the owners - but this will not include your possessions, it will generally have more to do with the state of the property. To this end, we do ask that you follow our general cleaning guide that will include but not limited to:
Cleaning window sills and tracks, fan blades and light covers, ensure floors are mopped and carpets vacuumed (if the carpets do have stains on them - we do require that you have them cleaned before we come)
We don't want to see unwashed dishes, food scraps floating around or items that are likely to cause damage to the property and hard to make good at the end of the tenancy.
If you have any questions about our routine inspections - please let us know.
NOTICE PERIODS
The minimum notice periods are:
• to inspect the premises - seven days
• to complete routine repairs or carry out maintenance - 24 hours
• to repair or carry out maintenance where the premises are in a remote area and there is a shortage of qualified tradespeople in the area - no notice
• in an emergency, or to protect the premises from damage - no notice
• if we believe that the premises has been abandoned - 24 hours
• to show the premises to a prospective tenant or buyer or for valuation purposes - 24 hours ( if the property is for sale, we will issue a Form 10 - notice of Lessor's Intention to Sell)
• by order of the Small Claims Tribunal - as stated in the order.
We will communicate with you to make an appropriate time for entry where possible. If entry is for a lawful purpose and the correct notice has been given and the entry is at a reasonable time then you can not refuse entry. Under the Act, you do not have an automatic right to be present when we enter, so it is advisable to work with us to find a mutually suitable time.
If you wish to make any changes to the premises, (i.e. install an air conditioner or picture hooks etc) you must seek permission from our office in writing BEFORE any changes are made.
Where works are permitted to be carried out - it must be by a suitably qualified trades person and we need proof of their qualifications e.g.Qld BSA Licence Number. Please note that it is an offence to carry out electrical work if you are not qualified.
In short, if you do not have permission from Property Management HQ in writing DO NOT make any changes.
TENANCY DISPUTES
We will openly communicate with you if there are any issues. If we cannot resolve these matters, we will request the intervention of the RTA.
For more information contact
RESIDENTIAL TENANCIES AUTHORITY (RTA)
179 Turbot Street
Brisbane QLD 4001
Ph: 1300 366 311
Fax: 07 3361 3666
Website: http://www.rta.qld.gov.au
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
Level 9
Bank of Queensland Centre
259 Queen Street
Brisbane QLD 4000
Ph: 1300 QLD CAT or 1300 753 228
ENDING A TENANCY
How to end your tenancy agreement with the lessor/agent depends on what type of tenancy agreement you currently have.
For a fixed term tenancy, you are bound by the terms until the tenancy ends. You are required to give 14 days notice on or before the date the tenancy ends on the approved RTA Form 13
We are also required to do the same, using a Form 12 (Notice to Leave).
If you have breached your conditions of your General Tenancy Agreement with our office, we may terminate your tenancy earlier than the end date. We will do so in accordance with RTA guidelines.
BREAKING LEASE
If you wish to end the tenancy earlier, this is commonly referred to as 'breaking lease'. We will require you to pay rent up until the lease ends or when a suitable replacement tenant is found, whichever comes first.
There are other costs associated with Breaking Lease – you will be required to pay all rent up until a new tenant starts paying rent in your place and any advertising costs incurred by us to source a new tenant as well as the Let Fee which would normally be charged to the Lessor to source a new tenant.
NOTICES REQUIRED TO END TENANCY
If you are on a Periodic Tenancy we will provide you with two months written notice on the approved Form 12 (Notice to Leave).
You only need to give 14 days written notice on a Form 13 at any stage during a periodic tenancy.
We do require you to provide our office with a FORM 13 - Notice of Intention to Leave.
You do need to also provide us with your new address details and ensure that all items to end this tenancy are done so in an orderly.
EXIT CONDITION REPORT
You must provide us with a forwarding address when you vacate.
As part of the special terms and conditions in your General Tenancy Agreement, we will forward you the Exit Condition Report and you must fill it in and return it to us upon vacating the premises.
We will also request that you leave your keys in a sealed envelope or hand it to one of our property managers. If we do not receive all keys - you will be responsible for the replacement. If more than one entry key is missing from the keys that are due for return - you will be responsible for the re-keying of those affected doors. As much as you value the security our properties offer - you also need to ensure that you provide the same peace of mind for the next group of people who will call this proeprty their home.
We will within three business days complete the vacate inspection and advise you of the outcome.
As per the Property Agents and Motor Dealers Act Code of Conduct, we will give you a reasonable time to fix any items that may require attention. Also if you wish to attend the final vacate, contact your property manager to make an appointment.
REFUND OF BOND
The bond will be refunded at the end of the tenancy if all tenant obligations have been met.
Primarily this includes the payment of rent until the end date and the return of the property in a clean and undamaged state-fair wear and tear excepted.
We will provide you with a break up of items from bond and forward you the details as necessary. Please note that we do need a foarwarding address so we can provide these details to the RTA.
Should you have any questions, you can always contact our office on 07 3805 1788.