4124 - Written Questions v1.0
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School
American Real Estate Institute *
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Course
CPPREP4124
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
6
Uploaded by DoctorMantis2839
Written Questions
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Question 1
Under what circumstances can a
landlord
end a tenancy?
The landlord has the right to terminate the tenancy if the tenant violates any
terms
of the lease. Examples of common breaches include subletting rooms
without
permission, neglecting garden maintenance, causing disturbance to
neighbours, or
engaging in illegal activities on the premises
Question 2
Under what circumstances can a
tenant
end a tenancy?
Tenants have the right to seek termination of a tenancy in cases where the
landlord breaches the terms of the lease. Common reasons for tenants to end
atenancy include: unauthorized access by the landlord to the property, failure to
maintain essential health and hygiene installations (such as hot water or air
conditioning), and failure to provide a safe and secure living environment (such
as
broken windows or locks).
Question 3
Once a tenancy has come to end, detail the process you would implement and
undertake as a property manager to re-let property.
1.
Perform a thorough inspection of the property and promptly communicateany
necessary repairs or replacements to the landlord.
2
.Ensure the property is cleaned, including windows and carpets, to present it in
the best possible condition.
3
.Conduct a market appraisal to determine the appropriate rental value and
decide whether the property should be advertised for a higher or lower amount.
4
.Capture appealing photos of the property and advertise it effectively ononline
platforms
5
.Organize open home viewings to showcase the property to potential tenants.
6
.Provide regular feedback to the landlord regarding the property's status and the
progress of tenant inquiries.
7
.Screen rental applications, carefully review them, and present acomprehensive
report to the landlord for their consideration.
Question 4
When a tenant has given notice to end the tenancy, can they stop paying rent
and the balance be taken from the bond?
No, tenants are responsible for paying rent until the final day of the lease
agreement. The bond, which is held by Fair Trading, will only be released after
thetenant has vacated the property, and the agent has conducted a thorough
inspection to ensure no repairs or fixes are necessary.
Question 5
How are rent reviews and rent increases relevant at the end of a tenancy?
Rent reviews are a beneficial approach for landlords to optimize their income. In
Victoria, rent prices are subject to fluctuation, allowing agents to review and
negotiate the rent at the end of a fixed-term lease. However, any increase can
only occur after 12 months of the fixed term, and landlords must provide
sufficient notice and comply with specific guidelines.
Question 6
What is the name of the Act in your state/territory that deal with ending
tenancies?
Residential Tenancies Act 1997
The Residential Tenancies Amendment Regulations 2021 (the Regulations) were created to
support the operation of the Residential Tenancies Amendment Act 2018. They commenced on
29 March 2021.
The Regulations supplement the Residential Tenancies Regulations 2021 through minor
amendments to provide clarity on the definition of Temporary Crisis Accommodation, prescribe
the standard form to be used for written periodic residential rental agreements, amend the
systems of rating prescribed for the energy efficiency of a non-ducted air conditioner or heat
pump, and correct details relating to standards referenced within the Residential Tenancies
Regulations 2021.
•
What section(s) of the legislation listed in (a) are in reference to
ending
tenancies?
SECT 91ZZD
End of fixed term residential rental agreement of not more
than 5 years
(1) A residential rental provider under a fixed term residential rental agreement
for a fixed term of not more than 5 years, before the end of the term of the
residential rental agreement, may give the renter a notice to vacate the rented
premises at the end of the initial fixed term.
(2)
The notice must specify a termination date that is on or after the date of
the end of the initial fixed term.
(3)
The notice must be given—
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(a) in the case of a fixed term residential rental agreement for 6 months or
more (but not exceeding 5 years), not less than 90 days before the end of the
initial fixed term; or
(b) in the case of a fixed term residential rental agreement for less than 6
months, not less than 60 days before the end of the initial fixed term.
•
What section(s) of the legislation in (a) deal with the following matters.
a. Sale of premises
SECT 91ZZB
Premises to be sold
(1)
A residential rental provider may give a renter a notice to vacate rented
premises if the premises are immediately after the termination date to be sold or
offered for sale with vacant possession.
(2)
If a residential rental provider has entered into a contract of sale of the
rented premises and the contract of sale is subject to one or more conditions
which, if not satisfied, entitle a party to the contract to terminate the contract, the
residential rental provider, within 14 days after the last of those conditions is
satisfied, may give a renter a notice to vacate the rented premises.
(3) If a residential rental provider has entered into a contract of sale of the
rented premises which is not a contract of sale of the kind referred to in
subsection (2), the residential rental provider, within 14 days after the contract of
sale is entered into, may give a renter a notice to vacate the rented premises.
(4) A notice under this section must specify a termination date that is not less
than 60 days after the date on which the notice is given.
Division 10 Subdivision 4 Section 142ZJ
Sale of rooming house
(1) A rooming house operator may give a resident a notice to vacate the room
occupied by the resident if immediately after the termination date the rooming
house is to be sold or offered for sale with vacant possession.
(2) If a rooming house operator has entered into a contract of sale of the
rooming house and the contract of sale is subject to one or more conditions
which, if not satisfied, entitle a party to the contract to terminate the contract, the
rooming house operator may, within 14 days after the last of those conditions is
satisfied, give a resident a notice to vacate the room occupied by the resident.
(3) If a rooming house operator has entered into a contract of sale of the
rooming house which is not a contract of sale of the kind referred to in subsection
(2), the rooming house operator may, within 14 days after the contract of sale is
entered into, give a resident a notice to vacate the room occupied by the
resident.
(4) A notice under this section must specify a termination date that is not less
than 60 days after the date on which the notice is given.
b. Use of premises for illegal purposes
SECT 91ZQ
Use of premises for illegal purpose
(1) A residential rental provider may give a renter a notice to vacate rented
premises if the renter has used the rented premises or permitted their use for any
purpose that is illegal at common law or under an Act.
(2) The notice must specify a termination date that is not less than 14 days
after the date on which the notice is given.
Division 10 Subdivision 4 Section 142ZI
Use of room for illegal purpose
(1) A rooming house operator may give a resident a notice to vacate the room
(other than a shared room) occupied by the resident if the resident has used the
room or permitted its use for any purpose that is illegal at common law or under
an Act.
(2) A rooming house operator may give a resident of a shared room a notice to
vacate that room if the resident has used the room or permitted the resident's
visitors to use the room for any purpose that is illegal at common law or under an
Act.
(3) A notice under this section must specify a termination date that is not less
than 2 days after the date on which the notice is given.
c. Termination notices for non-payment of rent or charges
SECT 91ZM
Non-payment of rent
SECT 142ZF
Non-payment of rent
(1) A rooming house operator may give a resident a notice to vacate the room
occupied by the resident if the resident owes at least 7 days rent to the rooming
house operator.
(2) The notice must specify a termination date that is not less than 2 days after
the date on which the notice is given.
(3) For the purposes of this section, rent in relation to a fixed term rooming
house agreement or agreement under section 94(2) under which Homes Victoria
or a registered agency is the rooming house operator, is the amount payable to
the rooming house operator by the resident to occupy the room and use facilities
and services less any applicable rental rebate.
Question 7
When it comes to ending tenancies explain the scope of authority and limitations
a property manager has with regard to their responsibilities and professional
abilities.
The role of a
property manager
encompasses various responsibilities such as
overseeing rent collection, tenant management, property maintenance and
repairs, landlord-tenant law compliance, business operations, record-keeping,
accounting, and tax matters.
Additionally, property managers are responsible for handling the termination of
tenancies, which includes collecting keys and any rented equipment, enforcing
move-out deadlines, and appropriately refunding the security deposit to the
previous tenant.
Question 8
What sources of advice are available that a property manager could access
about ending tenancy arrangements?
Consumer Affairs Victoria can answer all your questions about renting – from
before you sign the lease until after you move out.
https://www.consumer.vic.gov.au/housing/renting/starting-and-changing-rental-
agreements/people-moving-in-and-out/ending-a-corenting-arrangement
The Tenants Victoria gives free advice to people that rent residential
accommodation in Victoria.
They also offer a renters advice line and email advice service. You can contact
them through the Tenants Victoria contact
https://tenantsvic.org.au/
Question 9
List 2 reasons/circumstances a landlord would be entitlement to retain part or all
of security deposit or bond money at the end of a tenancy?
There are various circumstances in which a landlord may be entitled to retain
partor all of the security deposit or bond money at the end of a tenancy.
Two
common
reasons include:
1
.Unpaid Rent: If the tenant has outstanding rent payments or has not paid
rent
for a specific period, the landlord may withhold a portion of the security
deposit to
cover the unpaid rent.
2
.Damage to the Property: If the tenant has caused excessive damage to the
property beyond normal wear and tear, the landlord can retain part or all of
the
security deposit to cover the costs of repairs or replacements.
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