CPPREP4124 Student Assessment Booklet - Assessment Task 1

Assessment Overview ....................................................................................................................................... 4 Assessment Task Summary ......................................................................................................................... 4 Assessment Documents ................................................................................................................................... 4 Assessment Unit Cover Sheet ..................................................................................................................... 4 The Assessment Process and Your Rights ....................................................................................................... 4 Submitting your Assessment Tasks .............................................................................................................. 4 Assessment Attempts and Resubmissions .................................................................................................. 5 Assessment Outcomes ................................................................................................................................ 5 Plagiarism, Cheating and Collusion ............................................................................................................. 5 Assessment Appeals ................................................................................................................................... 5 Reasonable Adjustment ............................................................................................................................... 5 Information about Assessment .......................................................................................................................... 6 Dimensions of Competency ......................................................................................................................... 6 Principles of Assessment and Rules of Evidence ........................................................................................ 6 Principles of Assessment ............................................................................................................................. 6 Rules of Evidence ........................................................................................................................................ 7 Glossary of Instructional Task Words ........................................................................................................... 8 Assessment Plan .............................................................................................................................................. 9 Assessment Task 1: Written Questions ........................................................................................................... 10 Table of Contents CPPREP4124 – S TUDENT A SSESSMENT B OOKLET - A SSESSMENT T ASK 1 © 2020 E DUWORKS R ESOURCES L AST U PDATED : S EPTEMBER 2021, V ERSION N O . 1.0 P 3

opportunities to perform and complete assessments as students without disabilities. Sometimes reasonable adjustments are made to the learning environment, training delivery, learning resources and/or assessment tasks to accommodate the particular needs of a student with a disability. An adjustment is reasonable if it can accommodate the student’s particular needs while also taking into account factors such as:  The views of the student  The potential effect of the adjustment on the student and others  The costs and benefits of making the adjustment RTOs are obliged by law to provide reasonable adjustments where required to ensure maximum participation of students with a disability. Making reasonable adjustments requires the RTO to balance the need for change with the expense or effort involved in making this change. If an adjustment requires a disproportionately high expenditure or disruption it is not likely to be reasonable. [1] Please discuss with your assessor if you believe a reasonable adjustment to an assessment task, method or process needs to be made on the basis of disability. Dimensions of Competency To be competent, you must show your ability to perform effectively in a broad capacity. The dimensions of competency ensure the person being assessed has the skills to perform competently in a variety of different circumstances. To be competent, you must demonstrate the following:  Task Skills: The skills needed to perform a task at an acceptable level. They include knowledge and practical skills, and these are usually described in the performance criteria.  Task Management Skills: These are skills in organising and coordinating, which are needed to be able to work competently while managing a number of tasks or activities within a job.  Contingency Skills : The skills needed to respond and react appropriately to unexpected problems, changes in routine and breakdowns while also performing competently.  Job Role/Environment Skills: The skills needed to perform as expected in a particular job, position, location and with others. These skills may be described in the range of variables and underpinning skills and knowledge. Principles of Assessment and Rules of Evidence Assessment must be conducted in accordance with the rules of evidence and principles of assessment (definitions from the Users’ Guide: Standards for Registered Training Organisations (RTOs) 2015 ). The following are the definitions of the Principles of Assessment and Rules of Evidence. Principles of Assessment  Validity: ‘An assessment decision of the RTO is justified, based on the evidence of performance of the individual learner.’ [1] From https://vetnet.gov.au/Public%20Documents/BSBv1.2%20Business%20Services%20Implementation%20Guide.pdf Information about Assessment

The following outlines the assessment requirements for this unit. You are required to complete all assessment requirements outlined below to achieve competency for this unit. Your assessor will provide you with the due dates for each assessment task. In the case of online delivery, due dates can be recorded against the task in the learning management system. Write them in the table below. Assessment Tasks Due Date 1. Assessment Task 1 – Written Questions 2. Assessment Task 2 – Portfolio 3. Assessment Task 3 – Discussion and Phone Calls with Landlord and Tenant Assessment Plan

Person Right Legal Obligation The right to collect and manage rent, maintain the property, and ensure it complies with health and safety regulations. Obligation to conduct regular property inspections, facilitate repairs, and maintain the property in good condition. Q UESTION 3 You must write the article and explain:  What real estate tenancy management services are  How they can be helpful for a landlord  The role that the agent/property manager plays in managing the ending of a tenancy agreement  What the real estate agent/property manager can and cannot do in relation to ending a tenancy  What legislation applies to the ending of a residential tenancy Title: Navigating the End of a Tenancy: The Role of Real Estate Tenancy Management Services Real estate tenancy management services are essential components of the property rental landscape, providing valuable assistance to landlords throughout the duration of a tenancy agreement. These services encompass a range of responsibilities, from the commencement to the conclusion of a lease, ensuring a smooth and efficient process for both landlords and tenants. What are Real Estate Tenancy Management Services? Real estate tenancy management services involve the professional oversight and administration of rental properties. These services are typically carried out by licensed real estate agents or property managers who act as intermediaries between landlords and tenants. From advertising and leasing a property to handling day-to-day responsibilities and, crucially, managing the end of a tenancy, these professionals play a pivotal role in maintaining a harmonious landlord-tenant relationship. How They Benefit Landlords: Efficient Property Management: Real estate agents or property managers streamline the entire tenancy process, ensuring that the property is well-maintained, rent is collected on time, and any issues are addressed promptly. Legal Compliance: Professionals in tenancy management are well-versed in local and state laws governing residential leases. This expertise helps landlords navigate legal complexities and avoid potential pitfalls. Minimized Vacancy Periods: A proactive approach to advertising and leasing, coupled with strategic marketing, helps minimize vacancy periods, ensuring a steady income stream for landlords. Managing the Ending of a Tenancy Agreement: The concluding phase of a tenancy is a critical aspect of tenancy management. Agents or property managers play a pivotal role in orchestrating the end of a tenancy agreement. This involves: Notice Handling: Agents manage the communication of notices, whether it's the landlord issuing a termination notice or the tenant providing notice to vacate. Property Inspections: Conducting final property inspections to assess any damages, ensuring that the property is returned in the same condition as at the start of the tenancy. Deposit Handling: Overseeing the return of security deposits in compliance with relevant laws and regulations, accounting for any necessary deductions for damages or outstanding rent. Agent/Property Manager's Powers and Limitations: Can Do: Issue termination notices in accordance with the terms of the lease and relevant legislation. Conduct final property inspections and provide a report to the landlord. Oversee the return of the tenant's security deposit. Cannot Do: You are writing an article for your real estate agency’s blog. The article will be read by prospective landlords who might be considering using a real estate agent to help them manage the ending of a tenancy agreement for their residential property.

Term Your definition Your example Bond moneys Funds held by authorities or landlords as a security deposit, often subject to specific regulations and conditions. The bond moneys are held in a trust account as required by law. Q UESTION 5 Explain three situations where a tenant can terminate a tenancy agreement which has been made with their landlord. Include information about the notice required in each situation. End of Fixed-Term Lease: Situation: If the tenancy is on a fixed-term lease, the tenant can typically terminate the agreement at the end of the fixed term without providing a specific reason. Notice Requirement: In this case, the tenant is generally not required to provide notice. The termination is automatic at the end of the fixed term. However, it is considered good practice for the tenant to inform the landlord of their intention to move out, preferably in writing, well before the lease expires. Notice to Vacate During a Periodic Tenancy: Situation: In a periodic tenancy (month-to-month or week-to-week), a tenant may decide to terminate the agreement for personal reasons, such as moving to a new location or buying a property. Notice Requirement: The notice period for termination during a periodic tenancy typically ranges from 14 to 30 days, depending on local tenancy laws. The tenant must provide written notice to the landlord, stating their intention to terminate the tenancy and the date on which they plan to vacate. Substantial Breach of Lease by Landlord: Situation: If the landlord fails to meet their obligations under the lease agreement, and the breach is substantial, the tenant may have grounds to terminate the tenancy. Notice Requirement: The notice period for terminating the tenancy due to a landlord's breach can vary. In some cases, tenants may be required to provide written notice and a reasonable opportunity for the landlord to rectify the issue. If the breach remains unresolved, the tenant may be allowed to terminate the agreement with a shorter notice period than usual, often ranging from 7 to 14 days. Q UESTION 6 You are preparing a rental agreement for a tenant of a residential property, where you are acting on behalf of the vendor. Describe the requirements for the agreement, including what needs to be included in the agreement and the format which must be used. 1. Names and Addresses: Full legal names and addresses of both the landlord (vendor) and the tenant. 2. Property Description:

Q UESTION 9 What are three things which should be included on this form? What actions might occur if the tenant does not agree that the breach has occurred? A "Notice to Remedy Breach" is a formal communication from the landlord to the tenant, typically used when there is a violation of the lease agreement, such as unpaid rent. Here are three things that should be included on this form: 1. Clear Description of the Breach: The notice should clearly specify the nature of the breach, in this case, unpaid rent. Include details such as the amount owed, the period for which it is overdue, and any relevant terms from the lease agreement. 2. Deadline for Remedy: Clearly state the deadline by which the tenant must remedy the breach. This is usually a specific number of days from the date of the notice. Commonly, tenants are given 14 days to pay the overdue rent, but this can vary based on local tenancy laws. 3. Consequences of Non-Compliance: Outline the consequences that may occur if the breach is not remedied within the specified timeframe. This may include further legal action, eviction proceedings, or other penalties outlined in the lease agreement. If the tenant disagrees that the breach has occurred, or if there is a misunderstanding, several actions may occur: 1. Communication and Resolution: The landlord and tenant may engage in open communication to understand each other's perspectives. It's crucial to resolve any misunderstandings or disputes amicably. This could involve providing evidence of rent payments, clarifying lease terms, or addressing any extenuating circumstances. 2. Mediation: If the disagreement persists, both parties may choose to engage in mediation. Mediation involves a neutral third party who facilitates discussions to help the landlord and tenant reach a mutually agreeable resolution. This can be a cost- effective and efficient way to resolve disputes without resorting to legal action. 3. Legal Proceedings: If the dispute remains unresolved, the landlord may choose to initiate legal proceedings to recover the unpaid rent or terminate the tenancy. This typically involves filing a case in a relevant court or tribunal. Legal action can be time- consuming and costly, so it is generally in the best interest of both parties to reach a resolution before reaching this stage. Q UESTION 10 Explain what actions the landlord, or the real estate agent acting on their behalf, could take in this situation. 1. Verification of Abandonment: Before taking any action, the landlord or real estate agent should carefully assess the situation to ensure that there are reasonable grounds to believe the tenant has abandoned the property. This may include evidence such as the absence of personal belongings, non-payment of rent, or information from neighbors confirming the tenant's absence. 2. Notice to Tenant: Serve a formal notice to the tenant indicating the landlord's belief that the property has been abandoned. This notice should specify a reasonable timeframe within which the tenant is required to confirm their occupancy or retrieve their belongings. A landlord has sent a ‘Notice to remedy breach’ form to a tenant regarding unpaid rent. A landlord has reasonable grounds to believe that a tenant has abandoned the property and is no longer living there.

They have completed a Notice to Terminate Tenancy Agreement form in red pen. X Completing a Notice to Terminate Tenancy Agreement form in red pen is not the standard practice. These forms should be completed in black or blue ink to ensure legibility and professionalism. They have kept both the tenant’s copy and the landlord’s copy of a Notice to Vacate form in their own records. X Keeping both the tenant's copy and the landlord's copy of a Notice to Vacate form in their own records is incorrect. Each party should receive their respective copies for their records. Observation Correct Incorrect Correction They have included the date a Notice to landlord form was served and have ticked which method was used for serving the notice. X Including the date of service and ticking the method used on the Notice to Landlord form is correct. This provides a clear record of communication. They have given their username and password to their partner so they can help them when they are working from home. X Giving out their username and password is a security risk and goes against best practices. The agent should not share login credentials with anyone, including their partner.

They have written their own notes about damage to the property and handwritten a notice to the tenant informing them that they must move out immediately and placed it on the front door. X Handwriting a notice to the tenant about property damage and placing it on the front door without following proper procedures is not the correct approach. The agent should follow the established process for addressing property damage and notifying tenants. They have read the agency’s policies and procedures about records management and regularly ask for assistance or guidance if they are unsure of how to handle, store and use records. X Regularly reading and seeking assistance or guidance when unsure about records management, as mentioned in the agency's policies and procedures, is a positive practice.

Observation Correct Incorrect Correction You hear them phone a tenant who has contacted them about terminating a tenancy agreement early because they have a periodic tenancy which is coming to an end soon. They advise the tenant that they should complete a notice to terminate form and that this can be served to the landlord or agent by mail, email or hand. They give the tenant the postal and physical address as well as the appropriate email address for serving of notices. X Providing the tenant with advice on completing a notice to terminate form and explaining the acceptable methods of serving the notice (mail, email, or hand delivery) is correct. Providing the relevant addresses and email is also appropriate. Q UESTION 13 Describe the process which occurs if a tenant is more than 14 days in arrears, has refused to make any attempts to repay the rent owed and the landlord wishes to seek termination of the agreement and have the tenant evicted. 1. Notice to Remedy Breach: The landlord typically starts by serving the tenant with a formal notice known as a "Notice to Remedy Breach" or a similar document. This notice informs the tenant of the arrears, provides a specific timeframe (usually 14 days) to remedy the breach by paying the overdue rent, and outlines the consequences if the breach is not remedied. 2. Expiration of Notice Period: If the tenant fails to remedy the breach within the specified timeframe, the landlord may proceed to the next step. The notice period allows the tenant an opportunity to rectify the situation and avoid further action. 3. Termination Notice: After the expiration of the notice period, the landlord can issue a "Notice to Vacate" or a "Termination Notice." This notice formally terminates the tenancy agreement and requires the tenant to vacate the premises within a specified period, usually ranging from 7 to 30 days, depending on local laws. 4. Application to Tribunal or Court: If the tenant does not comply with the termination notice and refuses to vacate the property, the landlord may need to apply to the relevant tribunal or court to seek an eviction order. The application typically includes details of the arrears, notices served, and the grounds for eviction. 5. Tribunal or Court Hearing: Both the landlord and the tenant may be required to attend a hearing before the tribunal or court. The landlord presents their case, providing evidence of the arrears, notices served, and the tenant's failure to remedy the breach. 6. Eviction Order: If the tribunal or court is satisfied that the landlord has followed the correct procedures and that the tenant is in breach of the tenancy agreement, they may issue an eviction order. This order legally compels the tenant to vacate the property within a specified timeframe. 7. Enforcement of Eviction: If the tenant still refuses to leave after the issuance of the eviction order, law enforcement may become involved to physically remove the tenant from the property. Q UESTION 14 Which of these statements about rent are true? Tick the statements which are true. For any statements which are false, explain what should occur. Statement True False Explanation

Tenants are entitled to receive a receipt for each rent payment X This statement is true. Tenants are generally entitled to receive a receipt for each rent payment as proof of payment and for record-keeping purposes. Tenants can be charged a fee for a direct deposit for their rent payments X This statement is generally false. Charging tenants a fee for direct deposit of rent payments is typically not allowed. The landlord or property manager should not impose additional charges for standard payment methods. Statement True False Explanation Some tenants may use Centrepay to make payments on their behalf X This statement is true. Centrepay is a government service in Australia that allows tenants to have their rent deducted from their welfare payments and sent directly to the landlord or real estate agent. Rent must only ever be paid on a monthly basis X This statement is false. Rent payment frequency can vary and is usually agreed upon in the lease agreement. It can be weekly, fortnightly, or monthly, depending on what is specified in the lease. A tenant comes into the office and pays their rent in person. You can mail a receipt to them later. X This statement is not advisable. It's best practice to provide a receipt immediately when the tenant makes a payment, whether in person or by other means, to ensure accurate and timely record- keeping. The property manager can sign a rental receipt. X It is generally recommended that the receipt is signed by the landlord or their authorized representative, not just the property manager. The person signing should have the authority to acknowledge receipt of the payment. If a tenant is 7 days in arrears, they can be given notice to vacate. X This statement is generally false. The notice period for arrears depends on local tenancy laws. In many jurisdictions, a longer arrears period (e.g., 14 days) is required before a notice to vacate can be issued. Landlords should adhere to local regulations and follow the correct procedures for handling arrears. Q UESTION 15 What is the purpose of a condition report, and when is it likely to be used by a property manager? How does the condition report relate to the bond paid by the tenant? Purpose of a Condition Report: Documenting the Property's Condition: The primary purpose of a condition report is to document the current state and condition of the rental property. This includes details about the condition of fixtures, fittings, walls, flooring, appliances, and any existing damage. Avoiding Disputes:

It helps prevent disputes between landlords and tenants by providing a clear and agreed-upon record of the property's condition at the start of the tenancy. Assessing Changes Over Time: When conducted at the end of the tenancy, the report allows property managers to assess any changes or damages that may have occurred during the lease term. Determining Bond Refund: The condition report is crucial in determining whether any deductions should be made from the tenant's bond to cover repairs or cleaning expenses beyond normal wear and tear. Legal Compliance: In some jurisdictions, it may be a legal requirement to provide and complete a condition report as part of the tenancy agreement. When a Property Manager Uses a Condition Report: At the Beginning of the Tenancy: The property manager provides the tenant with a condition report at the beginning of the tenancy, typically during the move-in process. The tenant is required to review the report, note any additional comments, and return it to the property manager within a specified timeframe. During Routine Inspections: Property managers may use condition reports during routine inspections throughout the tenancy to assess whether the property is being well-maintained and to identify any issues that may need attention. At the End of the Tenancy: The condition report is used again at the end of the tenancy when the tenant is preparing to move out. This final report is compared to the initial report to determine any changes in the property's condition. Relation to the Tenant's Bond: Security Deposit Protection: The condition report is closely tied to the tenant's security deposit (bond). The detailed documentation in the report helps determine if there are any changes beyond normal wear and tear, justifying deductions from the bond for necessary repairs or cleaning. Dispute Resolution: If there is a dispute between the landlord and tenant regarding bond deductions, the condition report becomes a crucial piece of evidence. It provides an objective record of the property's condition agreed upon by both parties at the beginning of the tenancy. Q UESTION 16 What are two possible sources of advice where you could seek information and guidance about the ending of a tenancy?  Tenancy Legislation and Regulatory Authorities: Local Tenancy Laws: Check the tenancy legislation applicable to the specific jurisdiction or region where the property is located. These laws outline the rights and responsibilities of both landlords and tenants, including the procedures for ending a tenancy. Tenancy Tribunal or Authority: Many regions have a tenancy tribunal or regulatory authority responsible for resolving disputes and overseeing tenancy matters. These bodies often provide information, guidelines, and resources on the proper procedures for ending a tenancy.  Real Estate Professionals and Property Management Companies: Property Managers: Consult with property managers or real estate professionals who specialize in tenancy management. They often have extensive knowledge of local laws and regulations, and their experience can provide practical insights into the proper procedures for ending a tenancy. Real Estate Agencies: Real estate agencies may have internal resources, guidelines, and policies related to tenancy termination. The staff, including property managers and legal experts, can offer advice and clarification on the steps involved.

S UBMISSION REQUIREMENTS  Your answers for each question