4124 assesment 2
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School
TAFE NSW - Sydney Institute *
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Course
2
Subject
Law
Date
Jun 19, 2024
Type
Pages
20
Uploaded by BarristerCaterpillarMaster957
Document title: CPPREP4124_AE_CS_2of2_LMS Page 1 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: Case study assessment
Criteria
Unit code, name and release number
CPPREP4124 - End tenancy (1) Qualification/Course code, name and release number
CPP41419 Certificate IV in Real Estate Practice (1) Student details
Student number
Student name
Abdiaziz waeis Assessment declaration
This declaration only needs to be completed if you are not submitting your assessment online.
•
This assessment is my original work and no part of it has been copied from any other source except where due acknowledgement is made. •
No part of this assessment has been written for me by any other person except where such collaboration has been authorised by the assessor concerned. •
I understand that plagiarism is the presentation of the work, idea or creation of another person as though it is your own. Plagiarism occurs when the origin of the material used is not appropriately cited. No part of this assessment is plagiarised. Student signature and date
Document title: CPPREP4124_AE_CS_2of2_LMS Page 2 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: Version: 20200909 Date created: 19 July 2020 For queries, please contact: Technology and Business Services Skills Point Ultimo © 2020 TAFE NSW, Sydney RTO Provider Number 90003 | CRICOS Provider Code: 00591E This assessment can be found in the: Learning Bank The contents in this document is copyright © TAFE NSW 2019, and should not be reproduced without the permission of the TAFE NSW. Information contained in this document is correct at time of printing: 12 December 2023. For current information please refer to our website or your teacher as appropriate.
Document title: CPPREP4124_AE_CS_2of2_LMS Page 3 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: Assessment instructions
Table 1 Assessment instructions Assessment details Instructions Assessment overview The objective of this assessment is to assess your knowledge and performance as would be required to end a tenancy within a real estate practice. Assessment Event number 2 of 2 Instructions for this assessment This is a skills-based assessment and will be assessing you on your knowledge and performance of skills required by the unit. This assessment is in two parts: PART 1 Scenario 1 Task 1: Respond to landlord's request Scenario 2 Task 2: Respond to tenant's request PART 2 Scenario 3 Task 1: Terminate tenancy due to breach Task 2: Coordinate end of tenancy
The assessment also contains an assessment feedback form Submission instructions Where possible, complete and submit this assessment online via the TAFE NSW online learning platform. Upload all the required assessment files in the assessment area on the online learning platform. Alternatively, hand all required assessment files to your assessor for marking. Make sure you have added your name to the bottom of each page of the assessment. It is important that you keep a copy of all electronic and hardcopy assessments submitted to TAFE and complete the assessment declaration when submitting the assessment.
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Document title: CPPREP4124_AE_CS_2of2_LMS Page 4 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: Assessment details Instructions What do I need to do to achieve a satisfactory result? To achieve a satisfactory result for this assessment all questions must be answered correctly.
What do I need to provide? Computer with internet access, and Microsoft Office. What will the assessor provide? Access to supporting resources: •
Residential Tenancies Act 2010 •
Notice to terminate tenancy agreement by landlord or agent (pdf) •
Notice to terminate tenancy agreement by tenants (pdf) •
Inspection checklist on termination (pdf) Due date and time allowed Fully online students should refer to their Training Plan for due dates, other students should refer to the Unit Assessment Guide for due dates. Indicative time to complete assessment is 3 hours
.
Supervision This is an unsupervised, take-home assessment. Your assessor may ask for additional evidence to verify the authenticity of your submission and confirm that the assessment task was completed by you.
Assessment feedback, review or appeals In accordance with the TAFE NSW policy Manage Assessment Appeals, all students have the right to appeal an assessment decision in relation to how the assessment was conducted and the outcome of the assessment. Appeals must be lodged within 14 working days
of the formal notification of the result of the assessment. If you would like to request a review of your results or if you have any concerns about your results, contact your Teacher or Head Teacher. If they are unavailable, contact the Student Administration Officer. Contact your Head Teacher for the assessment appeals procedures at your college/campus.
Document title: CPPREP4124_AE_CS_2of2_LMS Page 5 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: Specific task instructions
The assessment will be completed in the context of a simulated workplace, Azure Beach Realty Group
, a mid-sized real estate agency. Before completing the tasks you should familiarise yourself with your role and responsibilities. The scenarios in the Assessment are reflective of the matters you will encounter when working in industry in the area of property management. You must submit screenshots of all emails as required for each task. You must also submit completed documents/forms as required for each task and name each file as shown below: Name_Surname_Part1_Task1_3_Notice
Document title: CPPREP4124_AE_CS_2of2_LMS Page 6 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: Part 1: To complete this part of the assessment, you will be required to read the scenario below and refer to Residential Tenancy Act 2010 in relation to property management, rights and obligations of tenants and landlords in NSW. Once completed you will need to submit this assessment to your assessor for marking. Task 1: Respond to landlords request
Scenario 1: Ending tenancy at the end of the term You will assume the role of Property Officer assisting the Property Manager, Sarah Hampton, at Azure Beach Realty Group (ABRG). Sarah Hampton has a management portfolio of 150 rental properties including a rental property that was recently sold by one of your sales team. Sarah has asked you to complete the following tasks. Your office received a phone call from your landlords Theresa and Jake Green (theresajake@iinet.com.au), requesting for vacant possession of their rental property at 80 Baringa Road MORTDALE NSW 2223, at the end of their fixed term agreement, due to personal reasons. They have specifically asked to include an apology on their behalf and thank them for being such outstanding tenants. The current tenants are Timothy and Tom O’Brien
(tomtimothyobrien@iinet.com.au). 1. Research and explain circumstances for ending tenancy by a landlord
. (150
–
180 words) The landlords Theressa and Jake Green has decided to end the tenancy agreement as end of lease for personal reasons .the tenant will be issued a 30 day notice before the expiration of the tenancy agreement. A landlord can terminate a tenancy agreement for a number of circumstances which as follows 1.
If the landlord can provide evidence they are experiencing hardship, they can apply to NCAT at any time during the tenancy agreement to terminate the agreement due to special circumstance 2.
If the landlord is putting the property up for sale during s fixed term tenancy agreement. In this instance the tenant will be given 14 days notice without a break lease penalty 3.
If the tenant is violates the tenancy agreement by causing damages to the property, or stops paying rent or uses the property for illegal purposes.in this instance the landlord can terminate the tenancy agreement.
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Document title: CPPREP4124_AE_CS_2of2_LMS Page 7 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: 2. Write an email to confirm the landlord’s
instructions to terminate. This will enable you to process this request according to tenancy agreement and legislative requirements. The email should: •
inform their responsibilities and obligation •
refer to appropriate part of the tenancy agreement. Email
Date: 28/09/2023 To: theresajake@iinet.com.au Subject: Confirmation of termination instruction Dear Theresa and jake green Thank you for your ongoing management of your property at 80 Baringa Road MORTDALE NSW 2223. We refer to your tenancy agreement section 81. In accordance with your request, under section 81 of the residential tenancies act 2010, you as a landlord are requi
red to give the tenant 30 days’ notice prior to the expiration of the tenancy agreement. I have attached the completed termination notice to this email for your information. Please contact me if you require further information. Regards Abdi Property officer. Azure beach realty Group 3. Prepare the required documentation to end the tenancy and att ach it to an email to the tenants
according to legislative requirements. In your email you must advise
the tenants of the request to end tenancy by the landlord and identify options to provide additional services. You must provide a copy of the completed documentation to your assessor. Email
Date: 28 september 2023
Document title: CPPREP4124_AE_CS_2of2_LMS Page 8 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: To: tomtimothyobrien@iinet.com.au Subject: End of residential tenancy agreement. Attachment: Notice to terminate tenancy agreement by landlord/agent Tom and TIm.pdf
Dear Tom and Tim. We thank you for your continuing tenancy. Unfortunately, the landlord has instructed us to advise they are requesting termination of your tenancy agreement at the expiration date of 31/10/2023 Please find attached the notice to terminate the tenancy agreement by landlord/ which requires you to vacate the property on or before 31/10/2023. We advise that you have the right under the residential tenancy act 2010 and you can view these on the following links to nsw fair trading. As valued tenants we can offer you alternative rental accommodations and suggest you visit our website for rental properties available that may be of interest to you. If you have any questions regarding this matter. Please contact myself or your property manager Sarah Hampton Kind regards Abdi Property officer Azure Beach Realty Group 4. Construct a file note with details of the property recording the termination date and the steps undertaken to end tenancy. Property Details 80 Baringa Road Mortdale Nsw 2223 Owner/s Theresa and jake green
Document title: CPPREP4124_AE_CS_2of2_LMS Page 9 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: Tenants Tom and Tim O`brien Notice Period 30 days Notice Given 28/09/2023
Termination date 31/10/2023 Final inspection date 31/10/2023 Inspection Report completed Yes No Bond released Yes No Break Fee Not applicable Other Termination notice given to tenant as per landlords request to vacate property at the end of the term.
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Document title: CPPREP4124_AE_CS_2of2_LMS Page 10 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: Task 2: Respond to tenant request
Scenario 2: Ending tenancy due to extraordinary grounds You received a phone call from Mary and John Smyth (mandjsmyth@iinet.com.au), the tenants, at Unit 1/30 Priddle Street WESTMEAD, NSW 2145. Due to extraordinary grounds, Mary and John have to vacate the property three months before their lease end date. Assume that the six month term agreement was signed after 23 March 2020 and the landlords are Theresa and Jake Green (theresajake@iinet.com.au). 1. Research and explain circumstances for ending tenancy in relation to breaking a fixed-
term agreement early by a tenant
. (50
–
80 words) The tenant can terminate a fixed term agreement under the following circumstances: 1.
if the landlord breaches any of the clauses of the tenancy agreement, the tenant can terminate the agreement by issuing a termination notice. 2.
If the property becomes uninhabitable,the tenant can break the lease 3.
If the landlord increases the rent during a fixed term tenancy agreement of two years or more 4.
The tenant is victim of domestic violence situation 5.
The tenant is suffering undue hardship for example loss due to incapaciation 2. Confirm the tenant’s
instructions to terminate to enable you to process this request. Write an email that informs them of their responsibilities an d obligations under the terms of the tenancy agreement and confirm their intention to terminate by completing the attached termination notice. Email
Date: 23/06/2020 To: mandjsmyth@iinet.com.au Subject: Termination of tenancy Attachment: Notice to terminate tenancy agreement by tenant Theresa.pdf
Document title: CPPREP4124_AE_CS_2of2_LMS Page 11 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: Dear Mary & John Thank you for your Phone call today advising that you have to terminate the tenancy agreement due to unforeseen circumstances.as you are aware, your tenancy agreement does not expire until 23/09/2020 We draw your to section 51 of your residential tenancy agreement which states that the tenant agrees that if the tenant ends the residential tenancy agreement before the end of the fixed term of the agreement, the tenant must pay a break lease fee of the following amount if the fixed term is not more than 3 years. Furthermore section 51.2 states that the equivalent of 3 weeks rent break lease fee is payable as a penalty of 25% or more but less than 50% of the fixed term has expired Therefore a break lease fee of equivalent of 3 weeks rent is payable. In addition to the break lease fee you must pay rent up until the day you vacate the property. If you have any questions regarding this matter. Please contact my self and my office Kind regards Abdi Property officer Azure beach realty group. 3. Prepare the required documentation to end tenancy and attach it to an email to the landlord
according to legislative requirements. In your email you must inform the landlords for the request to end tenancy by the tenants and identify options to provide additional services. You must provide a copy of the completed documentation to your assessor.
Email
Date: 23/06/2023 To: theresajake@iinet.com.au Subject: Confirmation of termination of tenancy. Attachment: Notice of termination of tenancy by the tenant Theresa.pdf
Document title: CPPREP4124_AE_CS_2of2_LMS Page 12 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: Dear Theresa and Jake Thank you for your ongoing management of your property. We have received advice from the tenant of their intention to vacate the property due to work transfer. Please find attached the tenant’s
terminations notice. Please note despite the fact the tenant has indicated they desire to break the lease without penalty fee. They have obligation under the break lease provision of the lease and we will pursue them to recover a break lease Meanwhile we have listed your property for lease on our website. Kind regards Abdi waeis Property officer 4. Construct a file note with details of the property recording the termination date and the steps undertaken to end tenancy. (50 –
70 words) Property Details 28/09/2023 Owner/s Theresa and Jake Green Tenants Tom and tim green Notice Period 30 days Notice Given 28/09/2020 Termination date 21/10/2023 Final inspection date 21/10/2023 Inspection Report completed Yes No Bond released Yes No Break Fee $applicable Other
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Document title: CPPREP4124_AE_CS_2of2_LMS Page 13 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: 5. Create a checklist of the process you would follow, when you receive a termination notice to end a tenancy from the landlord and to relet the property. This checklist is to be included in the agency
’s
documentation. (200-250 words) Internal : Check tenancy agreements for the correct dates and tenanrt names Send a confimation email to tenant to advise receipt of notice Ensure the vacating dates on property tree software Ensure the dates are correct Complete a list of difference between the ingoing and outgoing inspection Discuss with the landlord any issues an allow for wear and tear . Send a notice to the tenant of any issues that needs a rectification. Negotiate repairs and cleaning with the tenant. Claim/refund the bond Apply to the NCAT if the tenant does not agree to the deduction from the bond. Landlord •
phone landlord to confirm reletting instructions •
discuss the current rental amount •
provide a comparable market analysis •
discuss possible redecoration before relating tenant •
organise a pre -vacating inspection •
arrange possible timesn to show prospective tenant before vacate •
email the tenant a general cleaning and carpet cleaning checklist •
email a copy of ingoing condition report •
book a final inspection with the tenant
Document title: CPPREP4124_AE_CS_2of2_LMS Page 14 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: Part 2: To complete this part of the assessment, you will be required to read the scenario below and refer to Residential Tenancy Act 2010 in relation to property management, rights and obligations of tenants and landlords in NSW. Scenario 3: Terminate tenancy due to breach and coordinate end of tenancy You and Sarah have been dealing with Jake Wolf (jwolfe@gmail.com), the tenant of 1/56 Barton Lane Westmead NSW 2145 in relation to constant payments which are in arrears. The landlord, Jane Simmons (jsimmons@gmail.com), had previously agreed to a payment plan so Jake could catch up on his payments which are in arrears. Task 1: Terminate tenancy due to breach
1.
Write an email to the administration officer, Sharon (sharon@abrg.com.au), requesting several documents to be emailed to you. You need these documents to examine if Jake Wolf has been keeping up with the payment plan or not and to determine to take legal possession of property according to legislative requirements. You must list the documents you need to collate as evidence in your email. Email
Date: 02/04/2023 To: sharon@abrg.com.au Subject: Payment plan for Jake Wolfe Property: 1/56 Barton Lane Wesmead, 2145 Attachment: Dear Sharon It mappears the tenant is not keeping to the payment plan agreed to on 02/03/2023 Could you please also provide the following documents in order to prepare a notice of termination for unpaid rent: •
Management agency agreements •
Tenancy agreement •
Current up to date ledger •
Trust account
Document title: CPPREP4124_AE_CS_2of2_LMS Page 15 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: 2.
After examining the evidence, you determined that Jake has once again failed to adhere to the agreed payment plan and is seven (7) days in arrears. You have decided to notify Jake. Write an email to Jake Wolf, the tenant, and advise him of the breach of the tenancy agreement and discuss rectification and obligations according to tenancy agreement. Email
Date: 02/04/2023 To: Jwolf@gmail.com Subject: Rent arrears Attachment: Payment plan signed on 02/03/2023 Dear Jake Wolf It appears that you have not complied with the terms of the payment plan to address arrears. You are currently more than 14 days in arrears and unless you take steps to pay the full amount and the bring you rent upto date , we will have to issues you with termination of tenancy notice for unpaid rent. Please contact me urgently to discuss this matter Regards ‘
abdi Property manager 3. It is now evident to you that resolution of issues cannot be reached. Write an email to the landlord about the situation, including the actions that may be taken. Email
Date: 02/04/2023 To: jsimmons@gmail.com Subject: Re: 1/56 Barton Lane, Westmead , 2145 Tenant rent arrears Attachment:
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Document title: CPPREP4124_AE_CS_2of2_LMS Page 16 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: Dear Jane I’m
advising you that the tenant of 1/56 Baringa Lane Westmead nsw is in arrears 14 days to be exactly. We approach the tenant several times and I have set out a payment plan with the tenant, how its evident he is not using the payment plan set out for him; therefore, we would like to request your approval to terminate this tenant. We would also like to commence NCAT action to recover the arrears and the vacation of the property. Would you please confirm via email if you happy for us to start the procedures to terminate and the actions to recover the arrears and the vacation of the property. For further information about your responsibilities and obligations please refer to part 3 of the residential tenancies act 2010 Please contact me directly on 0414845563 if you have any questions. Kind regards Abdi waeis Property manager Azure beach realty group.
Document title: CPPREP4124_AE_CS_2of2_LMS Page 17 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: 3.
You received an email from the landlord approving the termination of tenancy as a result of breach of tenancy agreement. Prepare documentation to take legal possession of property, according to legislative requirements, which will be emailed to the tenant. You must provide a copy of the completed documentation to your assessor. Figure 1 Jake wolf Termination notice
Task 2: Coordinate end of tenancy
1. Jake Wolf called the office this morning and asked for his bond refund, the receptionist has passed the message on to Sarah. Identify and list the legal process that you must follow prior to releasing the bond to the tenant according to legislative requirements. Does the tenant have to sign the bond claim form if the agent is going to claim part/all of the bond? (120
–
160 words) The following are list of steps the property manager ( sarah) has to take before she releases Jake wolf bond •
Make an appointment with the tenant to conduct a final inspection of property. •
Once the inspections is carried out you compare it with the ingoing inspection for any differences. Make the tenant aware of these differences •
Consult with the landlord to decide what items are wear and tear. •
If everything satisfactory after inspection , complete bond form online for fair trading to release the full bond to the tenant •
If there are issues that are not wear and tear, advise the tenant of these by submitting an itemised bond inspection outcome report and consult about repairs •
Attend to repairs/cleaning that may arise and obtain invoice. •
Discuss with the tenant if they would like you to organise and take out of bond including outstanding rent if applicable. 2. You conducted an outgoing inspection by using an inspection checklist at Jake’s property and picked up several areas that need rectification before you can release Jake’s bond. Use the Inspection checklist on termination (pdf) to complete an inspection report according to legislative requirements for Sarah for 1/56 Barton Lane Westmead. You will find areas that need attention, summarise these findings in your report. (150
–
180 words)
Document title: CPPREP4124_AE_CS_2of2_LMS Page 18 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: Summary findings: Lounge room $250.00 Carpet cleaning $250.00 Kitchen : stove needs cleaning Ovens dirty –
needs cleaning $150 Soap scum to shower recess needs $99.00 3. After reading your inspection report, Sarah has asked you to contact Jake in regards to refunding his bond. Document the negotiation process and procedure you would use with Jake Wolf, to complete the required cleaning of the property and refund his bond. Include the following in your discussion: (150
–
180 words) •
Jake complies and cleans property as requested •
Jake does not comply, refuses to clean property, unsolved issues referred for external review Jake cleans property satisfactorily
Jake refuses to clean property
Contact the tenant Jake, and explain that there are three issues needing attention Contact jake tenant and explain that there are three issues needing attention
Explain the required cleaning standards for carpet cleaning, stove and shower recess Explain the required cleaning standards for carpet cleaning, stove and shower recess
Advise that bond cant be returned until these issues are completed satisfactoryily Advise that bond cant be returned untill these issues are completed satisfactorily
Set a completion time for cleaning and re-
inspection without extra rent Ask jake to clean areas as required and explain legal consequences of refusing to do so, included he could be charged extra rent for days past required vacant possession date Arranges time for to meet and open the property and re-inspection with jake Negotiateto arrange cleaner as and take monies out of the bond, confirm with jake via email
If satisfactory arrange for a bond refund in favour of jake Get jake to sign bond form with cleaning fee deducted or proceed with tribunal applications
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Document title: CPPREP4124_AE_CS_2of2_LMS Page 19 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: 4. Write an email to Jake Wolf to confirm your discussion about the consequences of refusing to clean the property, ensure you include and refer to the legal requirements listed in the Residential tenancy agreement.
Email
Date: 18/04/2023 To: Jwolf@gmail.com Subject: Consequences of refusing to clean the property Attachment: Summary of findings letter Dear Jake Wolf After our discussion, its confirmed that you do not agreed to attend to these issues personally. Therefore we have no alternative other than conduct the work ourselves and send you the accounts. We will apply to rental bond board to deduct the funds from the bond. Alternatively, if you are seeking a full bond refund, you can pay this amount at our office and we will release the bond to you. Please contact me to discuss this matter. Kind regards Abdi Property manager.
Document title: CPPREP4124_AE_CS_2of2_LMS Page 20 of 20 Resource ID: TBS_19_001_CPPREP4124_AE_CS_2of2_LMS STUDENT NAME: Assessment feedback
NOTE: This section must
have the assessor signature and student signature to complete the feedback. Assessment outcome
☐
Satisfactory ☐
Unsatisfactory Assessment feedback
NOTE: If you are submitting through an online learning platform, the assessor will give you feedback via the platform. Assessment outcome
☐
Satisfactory ☐
Unsatisfactory Assessor feedback
☐
Are you assured that the evidence presented for assessment is the student’s own work?
☐
Was the assessment event successfully completed?
☐
If no, was the resubmission/re-assessment successfully completed?
☐
Was a reasonable adjustment in place for this assessment event? If yes, ensure it is detailed on the assessment document.
Comments: Great work Abdiaziz. You have completed all the assessment questions and forms to a satisfactory level. You are competent in this assessment. Assessor name and date:
Gary Armishaw 12/12/2023 NOTE: Make sure you add your name to the footer so it appears at the bottom of each page.