Relevant articles



	Relevant articles

	Fire safety for residential and commercial agents (Journal May 2012)
	Fire & Rescue NSW Structural Fire Safety Manager Superintendent Christopher Jurgeit shares advice on how to ensure buildings you manage comply with legislation.

	Asbestos and the law (Journal May 2012)
	New legislation means new responsibilities for you regarding how asbestos is dealt with at properties that you manage.

	Lure more landlords to your business
	Attracting more clients to your business doesn’t happen on its own, but with a few simple steps you can plan for great results.

	A comprehensive guide to managing mould
	Summer is nearly gone with most of the state having no hot weather. Floods, daily rain, overcast skies, hail, no long periods of sunshine - all factors that cause one of all property managers’ worst nightmares – mould!

	Property management Q & A
	Q. Is the tenant responsible for pruning, trimming of trees on the property? There are four trees that are 6-8 metres high. The landlord is asking me to contact the tenants and have them trim the trees.

	Southern NSW digital switchover
	Did you know that on 5 June 2012, areas of Southern and Central NSW, ACT and Murrumbidgee Irrigation Area (MIA) will be switching off their analog TV signals.

	Prescribed periods for CTTT applications
	Most applications to the CTTT under the Residential Tenancies Act 2010 must be made within 30 days, but there are a number of exceptions including:

	CTTT news
	The CTTT has announced that the Parramatta Registry will close on 30 March 2012.

	Five tips to accurately price your rent roll
	When pricing your rent roll or agency there are a number of things you should consider.

	Dealing with tricky tenants
	While selecting the right tenant is ideal, knowing how to deal with a tricky tenant can be just as important.

	Property management training in 2012
	Established more than 100 years ago, REINSW is the industry’s peak body and is committed to providing training for property professionals who are serious about making it to the top.

	Strata tip – hanging washing on balconies
	A problem common to most of us is when tenants hang their washing on the balcony.

	Examining CTTT cases
	I recently attended the CTTT to request termination for rental arrears. Our tenant had resided in the property since 2004, but had recently lost his job.

	Closing shop – preparing for the festive season
	If, like me, you run a property management department, you know that part of our business never sleeps.

	Reduce the risk of open house inspections
	Indemnity clauses can be an effective tool to use against the risk of a claim against you by third parties.

	Openness the key to pets in rental properties
	Responsible pet owners can be valuable tenants, but it’s important for property managers to have the right measures in place to ensure the best outcomes for everyone.

	When property management becomes crisis management
	The role of the property manager can become a complicated one in the event of an emergency, such as the high winds and resulting blackout in the Blue Mountains recently.

	The CTTT’s top 6 termination orders
	The Residential Tenancies Act 2010 expanded the number of orders that can be sought from the CTTT in its Tenancy Division – including the types of termination orders.

	The value of REINSW Property Management Forums
	As an REINSW Trainer specialising in property management for the last 18 years, I couldn’t be more enthusiastic in encouraging all agency staff to attend REINSW Property Management Forums.

	Termination notices
	It has now been six months since the commencement of the Residential Tenancies Act 2010. This article highlights a number of ways in which the legislation can be used to the benefit of property managers.

	Winning strategies for winning business
	Planning your strategy is the first – and most important – stage of gearing your business for growth and success.

	Questions over new tenancy laws
	As it enters its fifth month as law, we look at how the Residential Tenancies Act 2010 is working in the real world.

	The CTTT is seeking feedback
	Following the commencement of the Residential Tenancies Act 2010, the CTTT made a number of operational changes. The CTTT is now seeking feedback about the changes in the Tenancy and Social Housing Divisions are working.

	Withdrawing an application for a Termination Order
	Where an agent has applied to the Consumer, Trader & Tenancy Tribunal for a Termination Order for non-payment of rent (pursuant to section 88(4) of the Residential Tenancies Act 2010) and the tenant subsequently pays the arrears, the landlord has an obligation to inform the CTTT that the tenant has paid and that the termination order is no longer sought. This is so the CTTT can remove the matter from the list.

	Implementing the new Residential Tenancies Act 2010
	Since the commencement of the Residential Tenancies Act 2010, one of the biggest challenges we are encountering in our office is the additional time it is taking to complete some tasks – in particular, approving tenancy applications and questioning our landlords in relation to disclosure and material fact.

	Your top 5 questions about the Residential Tenancies Act 2010 answered
	The REINSW Member Helpline provides expert advice to hundreds of members every month. Here are the answers to the top 5 most commonly asked questions about the Residential Tenancies Act 2010.

	It's good to be green (Journal April 2011)
	Property managers can have an important part to play in helping to save the planet and it can be as easy as changing a light bulb.

	REINSW Residential tenancy checklists
	To help members fully understand the new residential tenancies regime, REINSW has put together a series of comprehensive factsheets.

	Changes to the way landlords charge for water usage
	The Residential Tenancies Act 2010 has altered the way in which landlords can recover water usage charges from tenants.

	Water efficiency measures – documenting compliance with the Regulation
	There seems to be some confusion in the industry regarding the role plumbers can play in relation to the prescribed water efficiency measure in the Residential Tenancies Act 2010 and Residential Tenancies Regulation 2010.

	Retail leases - new form of disclosure statement
	On 1 January 2011, the eastern seaboard States of New South Wales, Victoria and Queensland will jointly adopt a new disclosure statement for retail leasing to replace the lessor's disclosure statement that currently forms Schedule 2 to the Retail Leases Act 1994

	Electric water heaters on the way out (Journal September 2010)
	Government plans to phase out electric water heaters in rental properties, will not be as simple as the old ‘like for like’ switch.

	Residential Tenancies Act 2010 (August 2010)
	REINSW is keeping members informed of developments around the Residential Tenancies Act 2010, which was passed by Parliament in June.

	Periodic inspections (Journal July 2010)
	What every property manager should be aware of when conducting a periodic inspection.

	When a tenant can't pay their rent (Journal June 2010)
	There are many forms of assistance available to tenants who can’t pay their rent. REINSW members tell the Real Estate Journal how they have helped tenants experiencing financial hardship.

	Is your tenant a lodger? (Journal May 2010)
	Find out what differentiates tenants from occupants, boarders, lodgers and squatters in this legal overview.

	Time to review the basics (Journal April 2010)
	Reviewing your basic property management processes will improve your professional image. Here’s a checklist of tasks property managers perform each day that could be improved and should be consistent across your department.

	Roofing batts a potential fire risk (Journal February 2010)
	Recent Federal Government grants have led to an increasing number of properties being insulated, however some insulation contractors are doing the wrong thing!

	The case for reform (Journal February 2010)
	In November 2009 the Office of Fair Trading released a consultation draft of the proposed Residential Tenancies Bill 2009.

	Disputes over trees - the story so far
	The Trees (Dispute Between Neighbours) Act 2006 (Act) commenced on 2 February 2007 and was introduced to provide a resolution process for disputes concerning trees on private property. It applies to trees situated on private land (except land zoned rural-residential) but does not apply to trees situated on land owned by a local council.

	Are you ready for digital TV? (Journal November 2009)
	Between 2010 and 2013, Australia will be switching to digital TV. This means that analog television signals will no longer be received. How will this affect your landlords and tenants?

	Managing mould (Journal November 2009)
	Mould is a common problem, especially in older houses and units, and can be a legal nightmare for landlords and property managers.

	Personal safety paramount for real estate agents (Journal October 2009)
	The very nature of real estate means that agents commonly find themselves in potentially dangerous situations – meeting unknown clients at vacant premises, travelling alone with buyers in a car, working late at night to perform contract negotiations, or simply attending an open inspection alone.

	Incorrect installation of ceiling insulation
	The Minister for Fair Trading recently issued a media release warning consumers about the incorrect installation of ceiling insulation. The recent Commonwealth Government grants have led to an increasing number of properties being insulated, however some insulation contractors are doing the wrong thing.

	Land tax - principal place of residence exemption and multiple lots
	Everyone who lives in their own property has an abiding interest in the principal place of residence exemption from land tax contained in the Land Tax Management Act 1956 (NSW).

	Sinking fund plans now mandatory
	From 1 July 2009, all owners corporations are now obliged to comply with s 75A of the Strata Schemes Management Act. That section makes its mandatory for an owners corporation to prepare a plan of anticipated expenditure to be met from the sinking fund.

	Inspections: agents beware!
	In the recently decided Supreme Court case of Wu v Carter (2009) NSWSC 355, the Court was concerned with the duty of care for maintenance and repair of common property. Of critical importance was the actions of the leasing agent. The case is a timely reminder, therefore, of the duty of care a leasing agent has to a tenant and/or landlord.

	Dishonest tenant claims can still cost you (July Journal 2009)
	Even when drawn questionably into a legal battle involving tenants and landlords, your agency can still be responsible for large legal costs, regardless of whether you are in the right.

	Tenants affected by mortgagee repossessions
	On 4 June, the NSW Government introduced draft legislation into Parliament concerning tenants affected by mortgagee repossessions. This was an issue that was raised in the 2007 OFT Discussion Paper about residential tenancy reform.

	Safety and security tips for landlords
	In the last issue of Property Management Chapter News we looked at office and staff security. This time around I've compiled some safety and security tips in relation to rental property - such as ensuring street numbers are visible, installing electrical safety switches, trimming bushes and trees, and more.

	Proper service of termination notices
	Real estate agents acting as property managers should ensure that they are aware of the importance of serving a valid notice of termination on the tenant. Likewise, landlords should carefully check whether a notice is valid when the tenant serves a notice of termination on the landlord or the property manager.

	Legal advice and services and the obtaining of fee proposals
	The Supreme Court recently considered the operation and effect of section 80D of the Strata Schemes Management Act 1996 and the predecessor to the current regulation 15 in the Strata Schemes Management Regulation 2005. It is important, therefore, that strata managing agents be familiar with the decision in Owners SP46528 v Hall (2009) NSWSC 278 (Hall’s case).

	Avoiding discrimination pitfalls (Journal June 2009)
	Selecting a tenant for a property can be fraught with pitfalls unless a property manager has a strong understanding of discrimination laws.

	Beware of balconies and balustrades (Journal June 2009)
	Agents could be sued for hundreds of thousands of dollars if someone is injured due to a faulty balustrade. Here are some recent real-life examples as well as some tips for property managers.

	Breaking a lease? (Journal May 2009)
	What are the implications of a tenant or landlord waning to break a fixed-term residential tenancy agreement early?

	Rent or buy? (Journal April 2009)
	Depending on the circumstances, renting can still be an attractive option for many people.

	Recent changes to the Contaminated Land Management Act 1997
	After a five year review of the Contaminated Land Management Act 1997 (NSW) (CLM Act), the NSW Parliament passed the Contaminated Land Amendment Act 2008 (NSW) (Amendment Act) on 10 December 2008. Real estate agents should be aware of the following key changes to the contaminated land regime in NSW as a result of the Amendment Act.

	Securing your office and staff
	Things are usually fairly quiet in January in the world of property management. Sandra McGee, a member of the REINSW Property Management Chapter Committee, took the opportunity to refurbish her rental office and in the process address some issue regarding office and staff security.

	Understanding land tax (Journal March 2009)
	Property managers are well aware of the frustration experienced by landlords when they receive their land tax bills. Here's a guide to how land valuations work and what to do if you or a client wish to make an objection.

	Checking tenancy applications (Journal February 2009)
	Your valued client sits across from you with a sour look. Their nest egg and residential property has been destroyed by tenants. Rent owing, the bond nowhere near enough to recoup the massive financial loses. A mortgage desperately needing rent money to stay afloat, a banker not accepting any excuses for late payment. No landlords insurance – they trusted you. Their accusation: you should have known from the tenant’s application for tenancy that this person would spell trouble.

	A mould decision (Journal December 2008)
	A recent tribunal decision has reinforced that both tenants and landlords have responsibilities when it comes to dealing with a mould problem in a property.

	Condensation and mould in houses and flats
	The winter season brings with it condensation and mould growth problems in houses, units, townhouses and villa homes. Condensation and mould can occur in any type of home construction, including weatherboard, brick veneer, solid brick, masonry veneer and monocrete.

	Rental increases
	The best time to do a rental increase is always when there is a shortage of vacant rental stock - as is currently the case across NSW.

	Going to the Tribunal (Journal September 2008)
	A simple error in serving a termination notice or a rent increase can ruin a case at the Consumer, Trader and Tenancy Tribunal (CTTT). Here are some of the most common mistakes and some tips on preparing for a Tribunal hearing.

	Tenants advocates (Journal August 2008)
	Tenants advocates provide free advice for people with rental difficulties and can sometimes help to resolve a matter before it goes to tribunal. Here's some information about the Tenants Advice and Advocacy Program (TAAP) and what assistance the service can provide.

	Pool safety (Journal August 2008)
	It's easy to forget about swimming pools during the cold winter months, yet the risk of a child drowning remains the same as in summer. Here's some advice for property managers to keep a pool safe.

	Safety tips (Journal August 2008)
	Property managers can reduce the risk of violence or accidents in their jobs by learning how to avoid potentially dangerous situations.

	Repairs and maintenance (Journal February 2008)
	Repairs and maintenance are often seen as the ‘slog’ of property management, but they can also be crucial to building a good relationship with your landlord and your tenants.

	Purchasing an investment property (Journal March 2008)
	Property managers are often asked for advice on the right type of property to buy for an investment. Here are some tips and questions Sandra McGee puts to the investor.

	Rents on a roll (Journal April 2008)
	Rent rolls are currently in hot demand, with most agencies wanting to grow and few agencies willing to sell.

	Selling skills for property managers (Journal April 2008)
	The term ‘points of difference’ is usually the domain of the sales department of a real estate office. The salesperson who is able to identify and sell his or her points of difference is more than likely to get the listing from a prospective vendor.

	Young property managers (Journal May 2008)
	The real estate industry offers young and motivated property managers an opportunity to strive and excel - provided they receive the right support and training from their bosses.

	Join the evolution (Journal July 2008)
	As the industry evolves, it won't be survival of the fittest, but survival of the best prepared.

	Death of a tenant (Journal March 2007)
	Property managers often have to deal with difficult situations as part of their day to day work, but coping with the death of a tenant is particularly distressing.

	Dealing with difficult people (Journal March 2007)
	Property managers are often confronted by unhappy landlords and disgruntled tenants.

	Checking tenancy applications (Journal April 2007)
	It’s much easier to manage a property if you have a good tenant.

	Increasing the rent (Journal April 2007)
	With rents on the rise in some areas, experienced property manager Katarina Simunic from John L. Hill and Co provides a guide on how to handle a rent increase correctly.

	Water usuage in tenancies (Journal June 2007)
	Water is becoming a hot topic as droughts continue and dam levels continue to fall. In the property management industry, water is also a common area of confusion.

	Filling out condition reports (Journal July 2007)
	Many property managers are still failing to fill out condition reports correctly with enough detailed information.

	Altering agency agreements (Journal July 2007)
	If you want to change something on your agency agreement, can you simply just cross it out?

	Tenants with disabilities (Journal September 2007)
	Even property managers with the best intentions and kindest hearts can face challenges when dealing with tenants with disabilities.

	Don't worry - it's an 'outside' dog (Journal September 2007)
	Not all pet owners are irresponsible, but pets can still cause a lot of trouble for both landlords and property managers.

	Can we have a dog? (Journal September 2007)
	Property managers must be extra careful about the conditions of a tenancy if a tenant wants to have a pet – as one agent has learned the hard way in a legal case that may end up costing more than $200,000.

	Abandoned premises (Journal October 2007)
	What do you do if you suspect the tenants have ‘done a runner’? Abandoned premises are one of the most challenging aspects of property management.

	Keeping your cool around pools (Journal November 2007)
	Some property managers consider properties with pools to be risky and difficult. But while they can create challenges, when correctly managed they can be a real asset rather than a real pain.

	Receipts (Journal June 2006)
	The question of whether agents have to print out original trust receipts has now been clarified. Agents no longer have to keep hard copies of original trust receipts, as long as you can reprint the receipt from an electronic copy. Tim McKibbin, REINSW Legal Counsel, explains.

	Signing agency agreements (Journal December 2006)
	Who should sign an agency agreement? In part three of a series of 'hypotheticals', Jodie Masson and Elizabeth Hurn from law firm DLA Phillips Fox discuss some of the tricky situations that can arise when trying to get an agency agreement signed.

	Agency agreements (Journal November 2006)
	Jodie Masson and Elizabeth Hurn from law firm Phillips Fox discuss the prescribed terms for agency agreements. If you miss just one of these legally required terms, you could miss out on your fee!

	Agency agreements (Journal October 2006)
	One of the most common mistakes that real estate agents make is incorrectly filling out their agency agreements, following the wrong procedures to have them signed or not having an agency agreement at all. Unfortunately these mistakes can mean losing your commission, facing fines or even losing your licence.

	Pool fencing and safety – what you need to know
	Moving into a new home with a pool creates an increased risk for children and water safety, so it is important that we each play our part in prevention.

	Case study - Tenants' Union approach to draft Residential Tenancies Bill
	Consider one representative example of the Tenant's Union approach to the draft Residential Tenancies Bill.

	Outgoing Condition Reports
	A recent CTTT hearing (Sayed v Tan and Anor, RT 09/42939) has again highlighted the necessity of compliance with the Regulations when conducting outgoing condition reports.

	Fair Trading to become the single plumbing regulator in NSW
	In a move to improve regulation of the NSW plumbing industry, the Government has announced that NSW Fair Trading will become the state's single plumbing and drainage regulator commencing 1 July 2010.

	5 steps to a paperless office (Journal October 2010)
	Property management is a paper-intensive business. Here are some tips to help you reduce the paper pile in your office.

	New property management agreements and forms
	As a consequence of the commencement of the Residential Tenancies Act 2010 and the Regulation, a number of commonly used property management agreements and forms have changed.

	Home Power Savings Program
	The Home Power Savings Program is a FREE NSW Government initiative to help lower income households save on their power usage and bills.

	Latest news in property management
	Major rains and flooding across the state have added to the workload in most property management offices.

	The Wagga Wagga floods from a property management perspective
	In early March 2012, we were faced with the pending inevitability of major flooding across our region. Not since 1956 – pre-levee banks – had the CBD flooded. However, it was a very real threat as the river rose and was predicted to go higher than it had in 1956 and 1974.

	How to make your life easier with work orders
	I recently attended a conference and I often wonder about the value of them. But as the saying goes, you only need to get one good idea and the conference pays for itself.

	Amendments to the Residential Tenancies Act 2010
	] On 13 June 2012, the NSW Parliament passed a series of amendments to the Residential Tenancies Act 2010. The amendments will commence operation on 6 July 2012.

	Residential tenancies update
	What you need to know about recent amendments to the Act

	Managing mould
	Mould is a serious problem that should be treated like all other maintenance issues — investigated correctly, not ignored

	Scammer’s rental rip off
	Be alert and vigilant to protect yourself from a scam.

	Managing your clients’ great expectations
	The Olympics are over and gold medals were very scarce for Australia. We had quite a few silver medals, but never quite reached the expected heights in the gold, a bit like what happens with some landlords and tenants. No matter how hard we try, we sometimes cannot reach their expectations.

	Everything you need to know about Notice of Frustration
	A Notice of Frustration is a very special form of Termination notice that can be served in certain circumstances. It allows us as agents to serve immediate termination of the tenancy. It should be used at all times if a property is classed as being damaged or uninhabitable.

	Property Management Q&A
	All your questions answered! Find out whether you can take a tenant’s water usage charges from their rent, if you can ask a tenant to ‘top-up’ their bond after a rent increase and more.

	A flood of knowledge
	What happened when major flooding threatened a Wagga Wagga agency

	Work orders that work for you
	Sometimes it just takes one light bulb moment to make you look at things differently.

	Increasing rent
	The requirements for giving tenants notice of a rental increase are very straightforward. So why do we as property managers get it so wrong?

	New Swimming Pool Requirements
	The Swimming Pools Amendment Act 2012 (Amendment Act) commenced on 29 October 2012. The Amendment Act makes several changes to the Swimming Pools Act 1992 (the Act).

	Property Management Q&A
	All your questions answered! Find out whether you can take a tenant’s water usage charges from their rent, if you can ask a tenant to ‘top-up’ their bond after a rent increase and more.

	Mitigation of Loss
	Mitigation of loss is a legal term meaning to keep your losses to a minimum. Even if you are the innocent victim of a breach of contract, you are under a duty to keep your losses down. Therefore, in a real estate situation, both the landlord and the tenant must mitigate the losses of the other party.

	Termination of tenancy
	Other than in circumstances where there has been a breach, a landlord will generally only terminate a tenancy if they have a need to use or demolish the property, or they have sold or are intending to sell.

	Real estate 101
	Residential sales and property management fundamentals

	Fact finding mission
	Did you know that disclosure of material facts applies to residential tenancies?