Below are just some of the FAQs.
Frequently asked questions
Can you serve a notice via email?
Robert: “This is a new method of service agents’ have if they have had their tenant specify a particular email address for the service of notices and correspondences. It is an opt-in requirement from a tenant and if they choose to you can serve notices to them by email.”
When can you apply to NCAT (NSW Civil and Administrative Tribunal) for a hearing after having served a non-payment of rent termination notice?
Ann: “You can apply immediately as long as you have sent it by email or delivered it by hand. Obviously if it is by post you have to wait until four days after they have received it.”
What happens in the case of the death of a tenant?
Robert: “If a sole tenant has passed away, either the landlord or the legal representative of the tenant (e.g. either an executor of the estate or a close family member) can serve a notice to terminate the lease.
“Your issue as an agent, if it’s coming from the tenant’s side, is to establish that this person has the authority to do that.”
What is the obligation of the agent to disclose a material fact?
Ann: “That is always difficult and you can never over disclose. The fact of the matter is it is not for us as property managers to make a decision as to whether it’s going to affect your perspective tenant.
“You disclose anything that you know (e.g. asbestos registry, health and safety issues, unfortunate incidents, etc.”
What are the requirements for agents when leasing a property with a swimming pool?
Robert: “The requirements are that it must have a current and valid compliance certificate.”
What is the break lease fee?
Ann: “This is the fee that a tenant pays if they break the lease early. I personally think that the break lease fee of four and six weeks’ the better alternative. I’m a great advocate for it and I encourage you to use it.”
What is the process when a tenanted property is listed for sale?
Robert: “Obviously it’s up to the managing agent to inform the tenant that the property is coming on the market. No inspections can be insisted upon prior to the tenant having at least 14 days’ notice before the first inspections are proposed.”
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