REIQ Best Practice Guidelines v03.23 - Flipbook - Page 37
THIS CHAPTER 4 APPLIES TO MEMBER PROPERTY MANAGERS
AND SHOULD BE READ IN CONJUNCTION WITH
CHAPTER 1 OF THESE GUIDELINES.
1. NEW APPOINTMENT
In conjunction with the PO Form 6 & Residential
Property Management Schedule & Terms, Member
Property Managers are encouraged to use the New
Residential Property Management Checklist.
(f) When using prescribed RTA forms, Member
Property Manager’s must ensure they
complete the forms fully and accurately, to
ensure the RTA is provided with the correct
information.
2. LEGISLATIVE COMPLIANCE
(a) Member Property Managers should keep
informed of their and their Client’s statutory
obligations and requirements under the
Residential
Tenancies
and
Rooming
Accommodation Act 2008 (the RTRA Act) and
PO Act and regulations, which may be
amended from time to time.
(b) Member Property Managers should advise
their clients:
i. that the letting of residential property is
subject to this legislation;
ii. of any amendments to the legislation
which may impact their Client’s rights and
obligations with respect to their property;
and
iii. direct them to seek independent
legal advice if they have any
queries about their statutory obligations
which must be complied with as a lessor.
(c) Member Property Managers must not include
a term in a Form 18a General Tenancy
Agreement (Form 18a) or Form R18 Rooming
Accommodation Agreement (Form R18) which
seeks to exclude, change or restrict the
application of the RTRA Act.
(d) Member Property Managers must ensure they
are providing the correct forms and notices to
the parties as prescribed under the RTRA Act.
(e) Member Property Managers must ensure
notices are given in accordance with the terms
of the Form 18a and RTRA Act.
34
3. MEMBER APPOINTMENT
AND AUTHORITY
(a) Member Property Managers that are
appointed under a PO Form 6 are authorised
to do any act or thing that their Client is
required to do as the lessor of a property under
the Form 18a or the RTRA Act34.
(b) Member Property Managers must not do any
act or thing on behalf of their Client which they
are not authorised to do under the Form 18a
or RTRA Act, or as otherwise authorised by
their Client in writing.
(c) To the extent of any inconsistency, a Member
Property Manager must obey their Client’s
instructions. If a Member Property Manager is
instructed:
i. to do any act or thing on behalf of the
Client that contravenes their Client’s
contractual or statutory obligations; or
ii. not to do any act or thing on behalf of
their Client, that their Client may be
contractually or legally obligated to do;
then the Member Property Manager should
refrain from complying with their Client’s
instructions until their Client has obtained legal
advice about their obligations with
respect to such act, thing or omission.
(d) Member Property Managers must not sign the
PO Form 6 appointment on behalf of the Client.
PO Form 6 with REIQ Property
Management Schedule & Essential Terms
Available in Realworks
Residential Tenancies and Rooming Accommodation Act 2008, s24
REIQ BEST PRACTICE GUIDELINES
V08.23
37