CPPREP4124_AE_Kn_1of2_LMS CH 23.4
docx
keyboard_arrow_up
School
TAFE NSW - Sydney Institute *
*We aren’t endorsed by this school
Course
CPPREP4124
Subject
Law
Date
Apr 24, 2024
Type
docx
Pages
25
Uploaded by DukeValorApe22
Knowledge 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
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_Kn_1 of 2_LMS
Page 1 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Version:
20200909
Date created:
16 March 2020
For queries, please contact:
Technology and Business Services Skills Point
TAFE Ultimo
© 2020 TAFE NSW, Sydney
RTO Provider Number 90003 | CRICOS Provider Code: 00591E
This file can be found at: Learning Bank
The contents in this document is copyright © TAFE NSW 2020, and should not be reproduced without the permission of the TAFE NSW. Information contained in this document is correct at time of printing: 22 April 2024. For current information please refer to our website or your teacher as appropriate.
Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 2 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Assessment instructions
Table 1 Assessment instructions
Assessment details
Instructions
Assessment overview
The objective of this assessment is to assess your knowledge to end a tenancy.
Assessment Event number
1 of 2
Instructions for this assessment
This is a written assessment and it will be assessing you on your knowledge of the unit.
This assessment is in one part and is supported with an assessment feedback:
1.
Short answer questions
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.
What do I need to do
to achieve a satisfactory result?
To achieve a satisfactory result for this assessment all questions must be answered at a satisfactory level.
What do I need to provide?
Computer with internet access, and Microsoft Office.
What the assessor will provide?
Access to online resources and this assessment.
Due date and time Fully online students should refer to their Training Plan for due Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 3 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
Assessment details
Instructions
allowed
dates, other students should refer to the Unit Assessment Guide
for due dates.
Indicative time to complete assessment is 2 hours
.
Supervision
This is an unsupervised assessment. You may access your referenced text, learning notes and other resources.
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.
Appeals are addressed in accordance with Every Student’s Guide
to Assessment.
Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 4 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Part 1 : Short answer
Read the questions carefully. Your answer should follow the suggested word counts for each question.
1. a) Explain the property management services in an agency in relation to a
tenancy. (100-120 words)
Agencies play an important role in facilitating the buying and selling of properties. They offer guidance and assistance to both sellers and buyers to ensure that transactions are conducted at a fair price and under the best possible terms. One of the key services provided by agencies is the marketing of available properties to potential tenants, as well as the process of finding suitable tenants for these properties. Agencies also provide valuable information and resources to individuals looking to buy or sell property, and can help manage tenancies from start to finish. Additionally, agencies often have a network of
contacts who can assist with repairs and maintenance on properties.
b) Analyse the role of an agent
when managing tenancy. (50-80 words)
Agents have a critical role in the management of rental properties. They are responsible for finding, screening, and managing tenants on behalf of landlords, and become the primary point of contact for the tenant. This means the property manager must handle a range of duties, including dealing with emergencies, managing complaints, initiating evictions, and managing leases and move-outs. Additionally, agents are responsible for collecting rent and service charges, and taking steps to recover any unpaid amounts. They must also ensure that the property is kept in good condition and attend to any necessary repairs or maintenance. Furthermore, agents must also ensure that the property is adequately insured and take care of any insurance claims that may arise.
2.
Explain the governing piece of legislation for residential tenancies
in NSW? In the table below, list the six relevant divisions covering the termination of a tenancy contained in this legislation. See example provided for guidance on depth of summary. Division and sections
Brief summary of what the section covers
Example:
Part 5 Termination of residential tenancy agreements
This part of the act details the responsibilities of both tenants and landlords in relation to terminating the agreement, It also sets out the circumstances and notice period required for termination for both tenant and landlord.
Division 1 Termination of This section of the act provides guidance on terminating a tenancy, including the process for terminating agreements Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 5 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Division and sections
Brief summary of what the section covers
residential agreements generally
and orders from the Tribunal. It outlines the requirements for termination notices and orders, and the actions required
by landlords and tenants during the termination process. The section ensures fair and transparent processes for all parties involved.
Division 2 Termination by Landlord
This section of the act details the responsibilities of landlords when terminating a residential tenancy agreement, including the process for ending fixed-term and
periodic agreements, and the circumstances for termination due to a sale or breach of agreement. The section also covers legal issues and the role of the Tribunal in resolving disputes, ensuring fair and transparent processes for all parties involved.
Division 3 Termination by Tenant The section appears to cover factors such as contravention
by a landlord, rent increase, breaches to the agreement, and how co-tenant termination would be handled. It also sets out the responsibilities a tenant has when choosing to terminate the tenancy and the ways in which the Tribunal can intervene with the process.
Division 3A Termination by Tenant – circumstances of domestic violence
This section outlines the conditions that allow for early termination and describes what is intended by a domestic violence termination notice. Additionally, it sets out the consequences of providing false or misleading information regarding domestic violence claims.
Division 4 Abandonment of residential premises
This section outlines how the tenancy would be dealt with in such a scenario and details the remedies available to the landlord upon abandonment. Additionally, it covers the issue of failed rent payment by the tenant and sets out the tenant's obligation to compensate the landlord for any losses caused by the abandonment of the premises.
Division 5 Termination by Events
This act that outlines the procedure that the landlord or other legal personal representative of the tenant must follow if the termination of the tenancy is caused by the death of the tenant. This section also details the actions that must be taken if the agreement is terminated or the premises become uninhabitable.
Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 6 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
3.
Which Acts govern the termination
of retail and commercial leases in NSW? Where in these Acts is the information to end a tenancy located? (30–50 words)
In New South Wales, retail leases are governed by the Retail Leases Act 1994 (NSW) and its Regulations. The NSW Small Business Commissioner is responsible for managing retail leases. The information pertaining to ending a tenancy can be found in 'Part 5 Assignment and Termination' within the Retail Leases Act 1994 (NSW). On the other hand, commercial leases in NSW are typically not regulated by statute but by common law. It is generally up to the landlord and tenant to decide the terms of the commercial lease. The rules for creating a commercial lease can be found in the Conveyancing Act 1919 (NSW) and the Real Property Act 1900 (NSW). The information pertaining to ending a tenancy can be found in 'Part 7 Dealings' within the Real Property Act 1900 (NSW).
4.
All parties to a tenancy have rights and obligations
under the respective legislation. Using the tables below list two legal rights and two obligations for each of the following
parties and explain the meaning of these rights/obligations. Ensure one of the rights is in regards to termination of a tenancy. Agent Rights and obligations
Explanation
Rights
1. If the agent wants to end the agreement at the end of the fixed term, they must give the tenant at least 30 days’ notice that includes the last day of the term
2.
An agent owes a general duty to act in accordance with
the express and or implied terms of a contract that grants them their agency responsibilities
Obligations
1.
Not encourage the prospective tenant to enter the tenancy agreement if the
agent knows of a prescribed material fact about the rental property. It is an offence to knowingly hide a prescribed material
fact to induce a tenant to sign a tenancy agreement
2.
Give the prospective tenant the tenant information statement.
Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 7 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Landlord
Rights and obligations
Explanation
Rights
1. Collecting rent deposits and payments
3.
A landlord is required to provide 30 days notice to end a fixed term agreement
Obligations
1.Maintaining the structure and exterior of the house
2.Ensuring all installations are working such as gas, electricity and heating Tenant
Rights and obligations
Explanation
Rights
1. The right to live in a property that’s safe and in a good state of repair. 2.The right to have your deposit returned at the end of the tenancy
(if they have met their terms of their tenancy agreement). Obligations
1.Keeping the premises in a reasonable state of cleanliness having regard to the condition of the premises at the beginning of the tenancy
2.Notifying the landlord of all damages to the premises. 5.
Research the changes to the residential tenancy laws that started on 23 March 2020. Outline the ethical
requirements that need to be considered when dealing with tenancy agreements. Your response must also include how disclosure is addressed in ethical practice. (100–120 words)
It's important to be aware of the changes to the residential tenancy laws that came into effect on 23 March 2020. These changes were introduced to improve the renting experience for tenants, while also ensuring that landlords can effectively manage their properties. The main objective behind these changes is to reduce disputes over repairs and maintenance, increase protection and certainty for tenants, and clarify the rights and obligations of both tenants and landlords. It's worth noting that landlords or agents are not allowed to make false or misleading statements or deliberately withhold certain material facts from prospective tenants before they sign an agreement. The list of material facts that must be disclosed is available in the Tenant Information Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 8 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Statement that the landlord or agent is required to give to the tenant before entering into a tenancy agreement.
In addition, landlords or agents must inform the tenant of any proposal to sell the property before signing an agreement if the landlord has prepared a contract for sale, or if
a mortgagee is taking court action for possession of the property. The list of material facts and information that prospective tenants must be told before entering into an agreement has also been expanded. These changes provide a remedy for tenants in cases where material facts and information are not disclosed. The changes recognise the potential hardship that tenants may face if they are not provided with important information about a tenancy
6. a) Explain the purpose of sending a notice to tenant for inspecting rental premises. (50-70 words)
Tenants have a right to reasonable peace, comfort and privacy.
Landlords, agents or their authorised persons can only enter the property without the tenant's consent if they provide notice. Tenants can always give permission to enter the property at any time for any reason. If you have any concerns or questions about your rights and obligations as a tenant, seek
advice from a legal professional or a tenancy advocacy service in your state or territory
b)
Explain the purpose of having an inspection report for tenanted premises. (30-50 words)
A condition report is a crucial record of the condition of the residential premises at the start of the tenancy. It provides evidence of the state of repair or general condition of the property when the tenancy begins. This report is important because it can be used to determine any damage or wear and tear that occurs during the tenancy. Therefore, it's essential to complete the condition report accurately and in detail, and to ensure that both the tenant and the landlord or agent have a copy of the report.
c)
Discuss the key points that you would communicate to a landlord in regards to inspecting tenanted premises. (30-50 words)
Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 9 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
Tenants should inform their landlord or agent of any issues related to cleanliness, damage, or repairs. This can prevent problems from becoming worse and maintain a good relationship with the landlord. It's important to report any issues in writing, such as via email, and inform the landlord of inspections and their results as soon as possible. If the landlord is not addressing concerns, tenants can seek assistance from a tenancy advocacy service or a legal professional.
7.
Explain the following:
Explanation Rent payment A rent payment is a fixed amount of money that a tenant pays regularly for the use of the property.
Rent receipting, banking and recording A rent payment is a fixed amount of money that a tenant pays regularly for the use of the property. A Rent Receipt and banking is a remittance slip the landlord of a rental property provides for a tenant anytime the tenant makes a rent payment . A Rent Receipt helps the landlord and the tenant keep a record of all the rent payments the tenant has made. Rent receipting, banking, and recording.
A rental record is a complete statement (or record) of every rent payment you have made and the dates that the rent covered. ... A ledger used to keep track of your rent payments and is a useful form of documentation if a tenancy matter ever needs to go before a court
Rent arrears If your rent is not paid, the money owed is called 'rent arrears'. Rent arrears are 'priority debts ', which means the consequences of not dealing with them are serious. Therefore, there is a risk of eviction.
Rent increases
This is when the rent is increased. Rent can only be increased once in a 12-month period . Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 10 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Explanation The landlord must give the tenant at least 60 days' written notice of the increase. For agreements with a fixed-term of two years or more, the rent can only be increased once in a 12-month period.
Rent reviews A rent review is an evaluation of the current commercial lease . Typically, rent reviews occur every three to five years, and are usually initiated by the landlord. The focus of the review is to assess the current value of the property.
8.
Explain the documents required for termination of lease
(and tenancy agreements) and outline their purpose. (140–160 words)
9.
Due to failing to pay the rent that was established within the tenancy agreement, the tenancy can be
terminated. A termination notice can be given at any time during the tenancy and does not have to fall in line
with the rent payment cycle. It must, however, meet all legal requirements or timeframes. A tenant cannot be
terminated while they are in a fixed-term agreement unless they have breached lease conditions.
As per requirements set out in the
Residential Tenancy Act 2010
(NSW), you must prepare the following
documentation to end a tenancy:
* NSW Fair Trading Termination Notice
* NSW Fair Trading Bond Claim Form
* NSW Fair Trading Bonds Online)
The termination notice informs the tenant that they must vacate the premises by a certain date due to failure to pay rent. The tenant will be given a notice period.
These notice periods are designed to give tenants enough time to find another rental property, and landlords enough time to find a tenant . A landlord and tenant can agree to end the tenancy at any time.
The bond claim form may allow the landlord/agent to claim from the bond: the reasonable cost of repairs : if the tenant, another occupant, or a guest has damaged the premises or goods leased with the premises, as well as cleaning: if the tenant has left any part of the premises not reasonably clean
9.
Summarise the processes that should be followed when receiving and responding to requests to end a tenancy from the landlord
. (250–300 words)
When receiving a request from a landlord to end the tenancy, the property Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 11 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
manager’s first task should be to identify if the request meets legal requirements. To do that, you should check the following: Lease dates – is the tenant in a continuing or periodic lease?
Reason for termination – can the tenant be terminated on the grounds the landlord has requested?
Termination time frames – does the requested date comply with legal requirements?
Tenant history – does the tenant have a history of non-payment or other charges?
Other concerns – Depending on the type of termination, many other areas may need to be investigated.
Once the property manager has confirmed all the requirements, it is important to contact the landlord and discuss the matter. If needed, inform the owner that
either the termination is not possible at this time or inform them of any adjustments that need to be made before terminating the tenant.
After the conversation, you should email the landlord to confirm the content of the conversation. At times you may need to include NSW Fair Trading handouts to assist you in convincing the landlord that you must follow the correct procedure.
A copy of all the conversation details, emails and any other documentation sent
to the landlord must be kept in the landlord file.
10.
Explain how the following should be addressed when terminating a tenancy agreement. Bond claim and repayments
The tenant first needs to pay the rent up to and including the day the lease ends, even if they have moved out before this date.
The bond that the tenants paid at the beginning of their tenancy will usually be refunded in full, unless:
Bond claim and repayments the tenant owes the landlord or agent money, or there is damage to the property In that case, you may get only part of the bond back.
If this does occur, the landlord or agent may send a bond claim form
Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 12 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
Legal requirements
If the landlord/agent wants to end a tenancy agreement at the end of the fixed term, they must give the tenant at least 30 days’ notice Legal requirements
(termination notice) that includes the last day of the
term.
If the landlord/agent applies for a termination order, the Tribunal must terminate the agreement.
Agency procedures
If the tenancy is terminated for reasons other than a
breach of the agreement, agents and landlords may
offer the tenant additional services to relocate. These services could include but are not limited to:
assisting the tenant in finding a new rental property, either with their Agency procedures agency or another local agency.
transferring the bond to the new property, if at the same agency and final inspection was conducted
speaking to potential new landlords on the tenant’s behalf.
some owners will go as far as assisting with relocation cost to get the property back as soon as possible.
11.
Research and locate the new standard form 23 March 2020 - Resident Tenancy Agreement
published by the NSW Government. Summarise the conditions for ending a fixed term agreement and ending a periodic agreement. (120-140 words)
When a tenant signs a fixed term agreement, they are committing to stay for the full term. If a tenant wants to move out before the end of the fixed term, there could be costs involved. There are some situations where a tenant can end a fixed-term agreement without penalty. A tenant should give the landlord as much notice as they can if they need to end the agreement early. When ending a fixed-term agreement, mandatory break fees may apply which is payable based on the stage of the agreement.
If the tenant is in breach of the tenancy agreement, or if they fail to meet their obligations under the agreement, the landlord or agent can give the tenant a 14-day termination notice.
If the tenant does not obey the notice, the landlord/agent can apply for a termination order. If they do, the tenant should attend the Tribunal hearing. If the tenant can show that they have fixed the breach or taken steps towards this, the Tribunal may decide not to terminate the agreement.
When ending with a periodic agreement, a landlord may still seek compensation by applying to the Tribunal. These costs may include loss of rent,
Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 13 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
advertising, and a letting fee if the landlord uses an agent.
The landlord or agent may negotiate an agreed amount of compensation with the tenant. If the tenant and landlord are unable to agree on the amount of compensation, the landlord may claim from the bond or apply to the Tribunal for an order that the tenant pays the landlord a certain amount of compensation.
12.
Identify and evaluate sources of advice that could be used for ending tenancy agreements. (100-150 words)
A tenancy will usually be terminated by the landlord or the tenant giving notice to the other party, with the tenant vacating by the date specified in the termination notice.
The landlord or the tenant will need to give the other party a written termination notice with the applicable notice period to end a tenancy.
The notice period depends on the type of agreement and the reasons for termination. These notice periods are designed to give tenants enough time to find another rental property, and landlords enough time to find a tenant. A landlord and tenant can agree to end the tenancy at any time.
Termination notices can be given at any time and do not have to line up with the rent payment cycle.
After a landlord gives a termination notice, they can give another notice on different grounds if
necessary.
At the end of the tenancy, the landlord or agent and the tenant must carry out a final inspection of the property. The original condition reports should be completed by the landlord or agent, and the tenant.
The landlord or agent must give the tenant a reasonable opportunity to attend the final inspection.
13. Discuss how the changes to licencing in real estate effective from 23/3/2020 have impacted the roles of property officers (assistant real estate agent) and property managers (licenced real estate agent). In your discussion cover the following areas: (150-200 words)
Authority, professional abilities and limitations of duties they are allowed to perform
Changes to responsibilities– the scope of the role of property officers and managers
An
agent will have different functions they can carry out, depending on their level of licence, or if they hold a certificate of registration. Certificate of Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 14 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
registration holders will have restrictions on the kinds of activities they may perform as an assistant agent, such as being unable to bind parties into an agency agreement or a franchising agreement.
Class 2 and class 1 licence holders may exercise all functions in their area of practice. However, only the nominated licensee in charge of a business can authorise the withdrawal of money from a trust account.
Licence or certificate of registration holders will be authorised to continue carrying out their current functions in their area of practice after 23 March 2020. However, they will also need to comply with the new legislative requirements according to their level of licence.
Currently, NSW laws require a different LIC to oversee each place of business. From 23 March 2020, an LIC may be nominated to be in charge of an entire business or there may be several licensees responsible for different parts of the business carried out under a licence, so long as no part of the business is left unsupervised by an LIC. However, there cannot be more than one LIC for the same part of business.
14. Summarise appropriate communication strategies
for responding to complaints and analyse their effectiveness. (40-60 words)
Acknowledging the concern of an upset customer is definitely the first step towards diffusing their emotions. Following that, apologizing with sincerity can go a long way in calming them down. And of
course, actively listening to the customer is crucial in making them feel heard and understood. It's also important to focus on what you can offer them in terms of solutions. Providing a couple of options to fix the situation can help them feel like they have some control over the situation. Lastly, documenting and tracking complaints is essential for improving customer service and identifying areas for improvement.
15. Summarise the privacy standards and confidentiality requirements in relation to tenant and landlord? (150-200 words)
Tenants are entitled to reasonable peace, comfort, and privacy in their home. The landlord/agent must not interfere with, or cause or permit anyone to interfere with the tenant’s privacy standards and confidentiality. The landlord/agent, or another person authorised by the landlord, must not enter the premises. If the landlord/agent gives the tenant proper notice and they have a valid purpose, the tenant must allow them to enter.
The landlord/agent, or another person authorised by the landlord, can enter the Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 15 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
premises at any time if the tenant has given them consent. Although there are some cases where a landlord or agent can enter the premises without the tenants’consent for certain purposes.
The landlord or the agent arranging the sale must try to come to an agreement with the tenant about days and times. This agreement must be in writing.
Tenants must not unreasonably refuse to agree to days and times for showing the premises. However, a tenant can refuse to agree to more than 2 showings in any period of a week.
16. a) Summarise the actions a landlord
can take if a tenant is in breach of the tenancy agreement by failing to pay rent. (100-150 words)
A termination notice can be given by a landlord on the grounds of a breach of the residential tenancy agreement arising solely from a failure to pay rent. Payable by the tenant does not affect unless the rent has remained unpaid in breach of the agreement for not less than 14 days before the non-payment termination notice is given. A non-payment termination notice will not be effective if the landlord or the landlord’s agent failed to make a prior formal demand for payment of the rent.
The termination notice must inform the tenant that they are not required to vacate the residential premises if they pay all the rent they owe or enters, and fully comply with, a repayment plan agreed with the landlord.
The landlord/agent can apply to the Tribunal to make a termination order on the basis that the tenant has frequently failed to pay rent, water usage charges or utility charges on time.
The agent/landlord may apply to the Tribunal for a termination order before the termination date specified in the termination notice; however, the Tribunal will not consider any such application until after the termination date.
Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 16 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
b) Summarise the actions a tenant
can take if a landlord is in breach of the tenancy agreement by failing to do repairs requested. (100-150 words)
Landlords are responsible for repairing and maintaining the property so that it is in a reasonable state of repair, considering the age of the property, the amount of rent being
paid, and the prospective life of the property.
Tenants must keep the property in a reasonable state of cleanliness, considering the condition of the property at the start of the tenancy.
The tenant must have written permission from the landlord, including agreement on reimbursement, from the landlord, unless the repair is an urgent repair.
The tenant should request the repair in writing to the landlord explaining what needs fixing.
Even when repairs are not completed, a tenant should never stop paying the rent. If the landlord doesn’t do anything about the repairs requested by the tenant, the tenant can terminate the tenancy.
The termination notice must specify a termination date that is not earlier than 14 days after the day on which the notice is given
17. Research and explain the following components of tenancy agreements in relation to termination of leases and tenancy agreements
Rent
A termination notice can be given by a landlord on the grounds of a breach of the residential tenancy agreement arising solely from a failure to pay rent. The termination notice must inform the tenant Rent that they are not required to vacate the residential premises if they pay all the rent they owe or enters, and fully comply with, a repayment plan agreed with the landlord.
Security deposit
A security deposit is money that is given to a landlord, lender, or seller of a home or apartment as proof of intent to move-in. It is refunded to the tenant at the end of the tenancy, but the landlord Security deposit can make deductions from it to pay for: the repair of any damage done to the property
Bond money
As a tenant, one of the final tasks you'll need to take care of is arranging the release of your bond money, in accordance with legal requirements. It's important to note that you'll need to pay rent up until the day your
termination notice period ends, and you vacate the property. Assuming that you don't owe any money to the landlord at the end of
Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 17 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
your tenancy, and there's no damage to the property, you should be entitled to a full refund of your bond money. However, if the landlord or agent believes that you owe them money,
they may be able to claim costs from your bond. It's important to stay on top of these issues to ensure a smooth and fair end to your tenancy.
18.
Summarise the processes that should be followed when receiving and responding to requests to end a tenancy from the tenant
. (300-400 words)
When a tenant vacates a property, it’s important to understand the rights and responsibilities to avoid disputes and potentially save time and money. When receiving a request from a tenant to end the tenancy, the property office/manager’s first task should be
to identify if the request meets legal requirements. To do that the manager should check the following:
Lease dates
Reason for termination
Termination time frames
Tenant history
Once the property officer/manager has confirmed all the requirements, it is important to contact the landlord and discuss the matter, and to discuss the re-letting of the property. After the phone conversation, you should email the landlord to confirm the content of the phone conversation.
There are times when a tenant needs to break a fixed term agreement early, when this occurs the tenant will be liable for costs not normally occurred. These costs are legislated and cannot be altered by the agent/landlord. The Residential Tenancy Act 2010 (NSW ) and the Office of Fair Trading set out the requirements and cost of breaking a lease during
a fixed-term agreement. For agreements of three years or less, the tenant must pay a mandatory break fee which is payable based on the stage of the agreement. The break fee is a penalty the tenant agrees to pay if they move out of the property before the end of their fixed term. In some circumstances, a tenant can break a fixed-term agreement early without penalty. The tenant must pay the rent until they hand back possession of the property. Once you have received a request from the tenant to terminate their tenancy, you
must check that the correct notice has been given, record that date in the property management software and contact the owner as instructed in the management agreement.
There may be funds owed to the tenancy. These are raised against the ownership as vacate
credit owed. These funds are subtracted from the ownership balance so they can be paid to
the tenancy. When the owner receives any funds, they are allocated to the vacate credit as Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 18 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
a priority and can be given back to the tenancy.
After a tenancy has vacated a property and all transactions and inspections have been completed, it is good practice to archive the tenancy profile. Archiving tenancies that are no longer required will help you to manage your data more effectively and avoid errors. Archived tenancies are not included in summary screens or statistics and transactions cannot be created against archived tenancies. 19. Outline the orders that the NSW Civil and Administrative Tribunal (NCAT) can make in relation to ending a tenancy and explain the reasons for order for possession. (100-120
words)
NCAT can make a wide range of orders in tenancy cases. These include: ending the tenancy agreement
payment of the rental bond (up to $30,000)
compensation be paid to the landlord or tenant (up to $15,000)
that a rent increase is excessive
a term of the agreement must be complied with
If the tenant does not move out, they will receive an Order for Termination and Possession from the NSW Civil and Administrative Tribunal (NCAT). This order compels
the tenant to move out and sets a date for the tenant to vacate the property and lose ownership/possession of the property.
20. Explain the reason that advice must be given to tenants according to the relevant state
or territory of operation. Support your answer with an example/s. (80-100 words)
Tenants have rights under the Residential Tenancies Act 2010 and Residential Tenancies
Regulation 2019. The factsheet outlines the law in NSW about starting a tenancy, including the form of the residential tenancy agreement, what information they can expect the landlord or agent to provide, what costs they can be asked to pay, and the rules about the condition report.
The residential tenancy agreement is a contract. It has standard ‘terms’ that are the tenant’s and landlord’s rights and obligations. A landlord should provide the tenancy agreement in writing. If not, then during the first 6 months of the tenancy, they cannot
increase the rent and cannot end the tenancy without a legally specified reason.
21.
Explain two reasons that the tenancy record keeping
policies and procedures must be maintained. Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 19 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
1
It is crucial for agents to keep a separate file for each tenant that includes their contact information, a copy of their signed lease, a list of references they provided, a record of their security deposits, all rental payments, and documentation of all communication between them and the agent. These records will be extremely helpful in case of any disputes over the return of a security deposit or if the necessity to evict a tenant arises.
2
It is essential to record all transactions within a tenancy, such as repairs, lease dates, termination notices, and rent payments. Without proof of transaction, the law considers the transaction to have not occurred. Therefore, it is important to maintain accurate records. If an agent fails to uphold their record-keeping responsibilities, they may face legal troubles and prosecution.
22.
a) Explain the reasons for maintaining property records by agents. Support your answer with relevant legislation. (50-80 words)
According to the Property and Stock Agents Regulation, a licensee acting on behalf of a person on the sale of a residential property must make a written record and disclose it to anyone requesting a copy of the contract for the sale of the property. It is crucial for agents to maintain property records, including documentation of repairs, tenancy agreements, leases, rent, and inspection dates. Keeping accurate records will help agents manage their properties effectively and avoid legal issues.
b)
Outline types of property records that an agent needs to maintain. (30-50 words)
Invoices and receipts for maintenance
Rent payment records
Move-in and move-out inspection paperwork for each tenancy
Signed lease/rental agreement
Deposit records
All emails that correspond with the tenant
c)
Identify the key features of an agent’s records management system and discuss their importance for maintaining property records. (50-100 words) Property Tree is a cloud-based property management platform. Real estate agencies across Australia use Property Tree to manage all aspects of real estate
business including sales, rentals, and trust accounts. With a Property Tree, you have access to all documentation regarding tenancy including:
Move-in inspection paperwork at the start of each tenancy
Move-out inspection paperwork, especially as it relates to damage, wear & tear,
and required maintenance Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 20 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Work Order repair requests, and details of how and when they were handled Property deeds and mortgage information if applicable
Property Tax records if applicable
Inspection records and maintenance updates
Insurance policies
Marketing information and property photos
Photos related to property maintenance and property damage
Invoices and receipts for property maintenance
23.
Summarise the components and format of tenancy agreements when a Residential Tenancy Agreement is signed electronically according to the Electronic Transaction Act 2000
. (150–200
words)
The Electronic Transaction Act 2000 is an Act to facilitate electronic transactions, and for other purposes . The Act enables business and the community to use electronic communications in their dealings with government. The Electronic Transaction Act 2000 provides for human resource development in electronic transactions; to prevent abuse of information systems; to encourage the use of e-government services; and to provide for matters connected therewith
According to the Electronic Transaction Act 2000, a transaction is not invalid because it took
place wholly or partly by means of one or more electronic communications. If, under a law of this jurisdiction, the signature of a person is required, that requirement is taken to have been met in relation to an electronic communication if: a method is used to identify the person and to indicate the person’s intention in
respect of the information communicated, as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement.
24.
Changes to the residential tenancy laws started on 23 March 2020. Research and locate the new standard form - Resident Tenancy Agreement
published by the NSW Government. Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 21 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
Reference the sections relevant to condition report and disclosure statements in the form in line with the new laws. You can provide screenshots of the sections clearly indicating the relevant area or write the relevant sections including headings and page numbers. (50–80 words)
The condition report has been updated to reflect the new laws, including the minimum
standards and smoke alarm requirements. The requirements around condition reports have
also been improved by:
allowing a condition report to be provided to tenants electronically
introducing a penalty if a landlord or agent does not provide a tenant with two hard copies or one electronic copy of the completed property condition report at the start of
the tenancy providing that tenants complete and return the condition report within seven days of taking possession of the property (instead of from when they receive the condition report), but only if the tenant has received the condition report.
The updated condition report can be found in Schedule 2 of the Residential Tenancies
Regulation 2019.
Landlords are now required to read and understand the contents of the Landlord information
statement which sets out their rights and responsibilities as a landlord.
Landlords cannot enter into a tenancy agreement unless they or their agent acknowledges in
the tenancy agreement that the landlord has read and understood the Landlord
information
statement.
Information on disclosure statements can be found in ‘Part 3 Rights and Obligations of
landlords and tenants’ of the Residential Tenancies Regulation 2019.
Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 22 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
25.
Summarise the rights of landlords and tenants in relation to termination of leases and tenancy agreements. (500-550 words)
A tenancy agreement is a legally binding agreement that can only be ended in certain ways. A tenancy will usually be terminated by the landlord or the tenant
giving notice to the other party, with the tenant vacating by the date specified in the termination notice.
The landlord or the tenant will need to give the other party a written termination notice with the applicable notice period to end a tenancy. In some cases, the landlord or tenant can apply directly to the Tribunal for a termination order without needing to issue a termination notice.
The notice period depends on the type of agreement (fixed-term agreement or periodic agreement) and the reasons for termination. These notice periods are designed to give tenants enough time to find another rental property, and landlords enough time to find a tenant. A landlord and tenant can agree to end the tenancy at any time.
A termination notice must:
be in writing be signed and dated by the party giving the notice
include the address of the rented property
state the day the tenancy agreement is terminated (and by which the tenant will need to move out), and
include the reasons for termination (if applicable).
Termination notices can be given at any time and do not have to line up with the rent payment cycle. After a landlord gives a termination notice, they can give another notice on different grounds if necessary.
At the end of a tenancy, the tenant is responsible for leaving the property as near as possible to the same condition as when they started living in it. The tenant is responsible for negligent, irresponsible, or intentional actions that cause damage to the property. However, the tenant is not responsible for 'fair wear and tear'. The property’s original condition should be set out in the condition report. At the end of the tenancy, the landlord or agent and the tenant must carry out a final inspection of the property. The original condition reports should be completed by the landlord or agent, and the tenant. The landlord or agent must give the tenant a reasonable opportunity to attend the final inspection. However, if the other party does not show up, the report may Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 23 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
be filled out without them. A tenant must pay the rent up to and including the day their termination notice period ends and they vacate the property. If a tenant does not owe the landlord money at the end of their tenancy and there is no damage to the property, the bond paid at the beginning of the tenancy should be refunded in full. If the landlord or agent believes the tenant owes money, they can make a claim against the bond.
Where possible, landlords, agents and tenants should try to resolve disputes about ending a tenancy and reach an agreement between themselves.
The best place to start is to carefully read the terms of the agreement. Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 24 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
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 reasonable adjustment in place for this assessment event?
If yes, ensure it is detailed on the assessment document.
Comments:
Assessor name and date:
NOTE: Make sure you add your name to the footer so it appears at the bottom of each page.
Document title: CPPREP4124_AE_Kn_1 of 2_LMS
Page 25 of 25
Resource ID: TBS_19_001_CPPREP4124_AE_Kn_1of2_LMS STUDENT NAME:
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help