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Property Management Q&A
 
What are my obligations as a property manager regarding notices under s 119 of the Strata Schemes Management Act 1996 (NSW)? You do not have permission to access this article   
Under s 119 of the Strata Schemes Management Act 1996 (NSW), a lessor must give notice of a lease to the Owners Corporation within 14 days after the commencement of the lease. Read more ...
 
Is it necessary for a licensed plumber to carry out plumbing repairs to a property? You do not have permission to access this article   
While some property managers use the services of a handyman to attend to property maintenance, members are reminded that it is illegal for anyone to carry out any plumbing, draining or gas-fitting repairs to a property unless they hold a current licence. Read more ...
 
Can a landlord or their agent charge a fee for processing a tenancy application other than a reservation fee? You do not have permission to access this article   
Members are reminded that they cannot charge prospective tenants 'processing fees', 'application fees' or other amounts to ensure a favourable outcome for the application. Read more ...
 
Is a landlord or their agent obliged to inform an owners corporation of tenants moving into a strata lot? You do not have permission to access this article   
Under section 119 of the Strata Schemes Management Act 1996 a lessor must give notice of a lease to the owners corporation within 14 days after the commencement of the lease. Read more ...
 
Could you confirm if it is a legal requirement to give a tenant 14 days notice before putting a property up for sale? You do not have permission to access this article   
Sandra McGee, member of the REINSW Property Management Chapter, answers: There are legal requirements under the Property, Stock and Business Agents Act 2002 (Sch 2, cl 15) that must be adhered to. Read more ...
 
We have just taken over the management of two new properties that are owned by the local bowling club. Can you advise how to write up the Management Agency Agreement and who should sign as Principal? You do not have permission to access this article   
Sandra McGee, member of the REINSW Property Management Chapter Committee, answers: We also manage property on behalf of some local clubs. We always prepare the Management Agency Agreement under the name of the Registered Club and insist it is signed by the General Manager or a director who has the authority to execute legal documents on behalf of the club. Read more ...
 
Are you required to hold onto unsuccessful tenancy application forms and if so for how long? You do not have permission to access this article   
Sandra McGee, member of the REINSW Property Management Chapter Committee answers: We hold on to unsuccessful tenancy applications for 12 months and then have them destroyed; we can see no reason for retaining them any longer. Applications that we have proceeded with are kept for seven years after the tenancy has ended. Read more ...
 
Can a managing agent give a landlord written notice to increase management fees without having to enter into a new Management Agency Agreement? You do not have permission to access this article   
is possible to increase a landlord’s management fees without having to prepare a new Management Agency Agreement provided the landlord agrees to the increase in writing.
 
Who is responsible for pest control during the tenancy? You do not have permission to access this article   
Under the terms of the Residential Tenancy Agreement, the tenant has an obligation to promptly notify the landlord of the presence of rats, cockroaches, fleas or other pests. Read more ...
 
How should phone, internet and television connections be described when drafting advertisements to ensure that prospective tenants are not misled? You do not have permission to access this article   
Agents need to be very careful when dealing with prospective tenants or drafting advertisements for rental properties so that a prospective tenant is not misled in relation to the services which are available at the property. Read more ...
 
When is a tenant not responsible for the payment of electricity in rented premises? You do not have permission to access this article   
It is important that a tenant is made fully aware of their obligations regarding the connection and payment of utilities prior to the commencement of the Residential Tenancy Agreement. Read more ...
 
Is it advisable for the landlord of a strata-title property to have insurance in place? You do not have permission to access this article   
Unfortunately, a large number of landlords think they are not required to take out some form of insurance for properties that fall under strata title, assuming that the property is fully covered by the Owner's Corporation. Read more ...
 
What are the implications of purchasing a rent roll where a number of owners refuse to sign a new management agency agreement with you? You do not have permission to access this article   
While the purchase of a rent roll from another agent may prove to be beneficial to the growth of your business, you need to ensure that your (potential) future landlords are fully aware that the managements are being sold and that as part of the transaction with the other agent, you receive the management agency agreement signed by the new landlord. Read more ...