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property_agents_and_managers
English

Real estate agents and salespersons - property management 

Rules of conduct

Back to Real estate and salespersons: Rules 1 – 19
Back to Real estate and salespersons – sales: Rules 20 – 28

Rules 29 - 33 

29. Inspection report

An agent must, as soon as practicable after entering into an agency agreement in respect of the management of property, prepare and give to the principal an inspection report for the property. The inspection must include the following and be signed by the licensee:

(a) the name and address of the principal,
(b) the address of the property,
(c) the date of preparation of the report,
(d) the licensee’s name, licence number and business address,
(e) a description of the exterior and interior condition of the property, including fittings, fixtures, improvements and anything provided with the property,
(f) details of any work still to be completed by the principal on the property.

30. Inspection of property for rent

An agent must accompany a prospective tenant on an inspection of the property.

An agent must not give the keys to a property to a prospective tenant, even for a short time.

The sub-clauses in rule 30 do not apply if the principal, and, if the property is currently let, the tenant, have authorised otherwise in writing.

31. Use of collection agent to collect rent

A licensee must not use the services of a collection agent to collect rent on behalf of a principal unless the arrangements for the collection and holding of that rent pending its payment to the agent or the principal comply with such guidelines as the Director General may issue from time to time under this clause (including guidelines requiring rent collected by a collection agent to be paid into and retained in a trust account).

In this clause, collection agent means a person who collects rent as agent for and on behalf of a licensee.

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32. Maintenance or repairs of rental property

An agent managing a rental property must promptly respond to and, subject to the principal’s instructions, attend to all requests by a tenant for maintenance of, or repairs to, the property.

If the principal has instructed that a repair not be carried out, the agent must inform the principal if the principal’s failure to carry out the repair would constitute a breach of any tenancy agreement in force in relation to the property.

33. Breach of tenancy agreement

An agent managing a rental property must immediately notify the principal in writing if the agent becomes aware of a tenant’s breach of the tenancy agreement.

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Rules 34 - 38 

34. Notifying tenant of appointment to sell

This clause applies if an agent managing a rental property is aware that:

(a) the property is listed for sale, or
(b) a real estate agent has been appointed to act on the sale of the property.

The agent must immediately give the tenant written notice of:

(a) the intended sale of the property, or
(b) the appointment of the real estate agent for the sale of the property (together with the name and contact details of the agent).

35. Final inspection of property

An agent must take all reasonable steps to ensure that any final inspection of the property, on vacation of the property, is conducted in the presence of the tenant (unless otherwise authorised by the tenant).

Note. ‘Reasonable steps’ by an agent would comprise contacting the tenant to discuss suitable times for the inspection, arranging to meet at a particular time and place and proceeding to meet the tenant at the arranged time and place.

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36. Obtaining tenant’s signature for rental bond refund

An agent must not solicit or obtain the signature of a tenant to any document relating to the refund of a rental bond prior to the termination of the tenancy, unless the document directs the bond to be repaid in full to the tenant or transferred to another tenancy in accordance with the tenant’s directions.

37. Co-operation about records, access and transfer

If an agent is acting on behalf of a principal in the management of property and is advised by another agent that the other agent (the new agent) has been engaged to act on behalf of that principal in the management of that property, the agent must co-operate with the new agent in regards to access to the records of the principal, including but not limited to making the records reasonably available (according to law), and facilitating the transfer of management functions between the agent and the new agent.

38. Disclosure of potential agency

If an agent intends to act (or offers to act) for a principal in the management of property and is aware that another agent is or other agents are managing that property for the principal, the agent must, unless the principal otherwise directs in writing, disclose their intention to act or to offer to act to the current agent or agents.

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Rules 39 - 40 

39. Confirmation of specific instructions – property management services

Before or at the time of entering into an agency agreement under which the agent will provide property management services in respect of the leasing of residential property or rural land, the agent must prepare for inclusion in the agency agreement written confirmation of the extent of the agent’s authority to undertake the following duties in connection with the management of the property and any limitations on the agent’s authority to undertake those duties:

(a) obtaining references from prospective tenants, arranging inspections of the property by prospective tenants and choosing a tenant,
(b) entering into and signing a tenancy agreement (specifying the term for which the property may be let),
(c) undertaking inspections of the property,
(d) effecting repairs to and maintaining the property or engaging tradespersons to do so and limitations on expenditure that may be incurred by the agent without obtaining the principal’s approval,
(e) paying disbursements and expenses incurred in connection with the agent’s management of the property,
(f) collecting rent,
(g) receiving, claiming and disbursing rental bond money,
(h) serving notices for breach of the tenancy agreement or to terminate the tenancy agreement,
(i) undertaking the necessary steps to obtain vacant possession and recover any money owing to the principal in relation to the tenancy of the property,
(j) representing the principal in any tribunal or court proceedings in respect of the tenancy of the property,
(k) paying accounts for amounts owing in relation to the property (for example, water rates and charges, council rates, maintenance expenses and owners corporation levies),
(l) advertising the property for letting or re-letting,
(m) reviewing the rent at the end of a tenancy.

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40. Confirmation of specific instructions – leasing of property

Before or at the time of entering into an agency agreement under which the agent will act for the owner of residential property or rural land in relation to the entering into a lease of the residential property or rural land, the agent must prepare for inclusion in the agency agreement written confirmation of the extent of the agent’s authority to undertake the following duties in connection with the entering into of the lease and any limitations on the agent’s authority to undertake those duties:

(a) obtaining references from prospective tenants, arranging inspections of the property by prospective tenants and choosing a tenant,
(b) entering into and signing a tenancy agreement,
(c) undertaking an initial inspection of the property,
(d) collecting initial rent payment,
(e) receiving and disbursing rental bond money,
(f) advertising the property for letting.

Back to Real estate and salespersons: Rules 1 – 19
Back to Real estate and salespersons – sales: Rules 20 – 28

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