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PROPERTY MANAGEMENT EXCELLENCE PME MANUAL CONTENTS NSW

The best practice forms and information referenced throughout the PME manual can be found at member

online in the corresponding folder number to the chapter. Refer to the quick chapter guide and or email us

as part of membership support services www.realestateexcellence.com.au.

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Refer to the Disclaimer on page 3 and the last page of PME when using and referring to PME. Refer to PME online to ensure your agency is using the latest version of PME. The PME manual and best practice forms are updated online © www.realestateexcellence.com.au Version 1 NSW July 2017

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Contents of the PME Manual - NSW The chapter heading and contents of the chapter are set out below

Chapter Folder online/01 PROPERTY MANAGEMENT in NSW– AN OVERVIEW

What is the role of a Property Manager?

1.1.1 The key to property management success

1.1.2 The tasks of property management

1.2 The Agency management agreement

1.3 Leasing fee

1.4 Fees generally

1.5 Expenses

1.6 Terminology and explanations of legislation

1.7 The legislation and how to find legislation

1.7a Agreements to which the RT Act does not apply

1.8 Setting up a property management division – an overview

1.9 What KPI’s should you use for property managers?

1.10 Definitions under the RT Act

1.10a Definitions under the PSBA Act

1.11 Penalty notices

Chapter Folder online/02 ENQUIRIES, DATABASE AND PROSPECTING

2.1 Landlord listing booklet

2.1.1 Example scripts to use for management enquiry

2.1.2 Tenant enquiry

2.2 Recommended task to carry out to grow the rent roll

2.3 Database set up

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2.4 Newsletters and content

2.5 Daily, weekly, monthly plan

2.6 Other growth tips

2.7 Survey existing landlords

2.8 Direct marketing and the law

Chapter Folder online/03 THE MANAGEMENT AGREEMENT (plus agency obligations)

3.1 The management agreement – an overview

3.2 Agency agreements and the law

3.3 inspection report required to be completed when agreement entered into

3.4 Termination of management agreements

3.4a Requirement to cooperate with other agents

3.5 Rental appraisals

3.6 What to look for when inspecting property before listing for rent

3.7 Rental listing sheet

3.7a Furnished property

3.8 Landlord disclosure statement

3.8a Disclosure of material facts

3.9 Title search

3.10 Identification of landlords

3.11 Setting up passwords for new landlords

3.12 Landlord obligations generally

3.13 Disclosure of death and other matters to prospective tenants

3.14 Landlord insurance details

3.15 Taking over management for another agent or landlord









Chapter Folder online/ 04 LANDLORD OBLIGATIONS AND THE LAW

4.1 Landlord obligations – an overview

4.2 Smoke alarms

4.3 Swimming pools and spas

4.4 Security

4.5 Pests or vermin

4.6 Tenant pest control responsibilities

4.7 Maintenance and maintaining the property

4.8 Window and balcony safety

4.9 Asbestos

4.10 Curtain and blinds

4.11 Window coverings at the rental property

4.12 Landlord to pay rates, taxes and other charges

4.13 Keys and locks

4.13a Security breaches and tenant rights

4.14 Landlord obligations under the Residential tenancy agreement

Chapter Folder online/05 ADVERTISING AND SHOWING PROPERTY FOR RENT

5.1 Writing advertising copy

5.1a Disclosure of death and other matters to prospective tenants

5.2 Advertising approval and expenditure

5.3 Handing out keys to vacant rental property

5.4 Showing property – safety and presentation

5.5 Showing property with a tenant still in place

5.6 Vacant property reports and dealing with vacant property

5.7 Tenant enquiry and working with prospective tenants









5.8 Vacant property and landlord insurance

5.9 Advertising free rent as an incentive

Chapter Folder online/06 APPLICATION FORMS AND PROCESSING

6.1 Tenancy applications and processing; an overview

6.2 Tenants who apply for property via email

6.3 Key factors when assessing tenancy applications

6.4 If a tenant is listed on a tenancy database

6.5 Guarantors

6.6 Discrimination law

6.7 Presenting application forms to the landlord

6.7a Offer and acceptance – landlord or tenant withdraw

6.8 Landlord right to receive applications

6.9 Pets and smoking

6.10 Business applications

6.11 Approving tenants

6.12 If the tenant does not pay monies to secure the tenancy within the required time

frame upon acceptance

6.13 Approved and unapproved occupants

6.14 Binding the tenant lawfully and acting in the landlord’s best interest

6.15 Holding deposits

6.16 Setting up passwords for tenants to access information

6.17 Face to face appointments for sign up forms

6.18 Declined tenancy applications

6.19 Contracting outside the Act









Chapter Folder online/07 TENANCY SIGN UP, RELATED DOCUMENTS AND PROCEDURES

7.1 Documents that must be given to tenants before entering in to a lease agreement

7.2 Legislation and beginning a tenancy documents

7.2a When tenant must be given a copy of the tenancy agreement

7.2b Condition reports and the law

7.3 Standard terms

7.4 Best practice forms as part of a new tenancy

7.5 Fixed term and periodic tenancies

7.5a Agreements must be in writing

7.5b Standard residential tenancy agreement

7.5c Prohibited terms of an agreement

7.5d Contracting outside the Act

7.6 Landlord name on the tenancy agreement

7.7 Photos and the Condition report

7.8 Tenant does not return the Condition report

7.9 Providing the landlord with a copy of the Condition report

7.10 Best practice procedures and the Condition report

7.11 Tips for explaining the importance of the Condition report to tenants

7.12 Tenant identifies maintenance on the Condition report

7.13 Condition report returned to agency not agreed upon

7.14 Bonds and bond lodgement requirements

7.15 The importance of the tenant acknowledgement form

7.16 Carpet cleaning and the RT Act

7.17 Your strata questions answered and more

7.18 Standard terms of the Residential tenancy agreement









Chapter Folder online/08 RENT ARREARS and RENT PAYMENT METHODS

8.1 Rent arrears – an overview – what property managers must know

8.2 Serving Notices and counting days

8.2a Tenant may appoint an agent

8.3 Tenant continually in arrears

8.4 Non-payment of rent information for landlords

8.4a Time frame for enforcing termination notice

8.5 Rent payment methods

8.6 Rent in advance

8.7 Payment of rent cannot be applied to any other purpose

8.8 Landlord may recover certain rent expenses – dishonoured cheques, rent cards etc.

8.9 Rent receipts and rent records

8.10 Rent accrues daily

Chapter Folder online/09 INSPECTIONS AND ENTRY

9.1 Inspections and entry – an overview – what all property managers must know

9.2 Right of entry

9.3 Entry and the law

9.4 Entry to the premises without tenancy consent and without notice

9.5 Notices and entry to the tenant requirements

9.6 Entry with tenant consent

9.7 Time frames and days entry can be made

9.8 A person other than landlord or landlord agent entering the premises

9.9 Rights of entry and dispute

9.10 System for completing routine inspections

9.11 Taking of Photos









9.12 Looking inside cupboards during routine inspections

9.13 Reporting to the landlord and system for reporting

9.14 System for reporting

9.15 Follow up

9.16 Breaches during the tenancy

9.16a Time frame for making an application for enforcing breach of agreement

9.17 What property managers should do when carrying out a routine inspection

9.18 Tenant not keeping the property clean

9.19 Tenant caused damage to the property

9.20 High risk situations

9.21 Tips on how to carry out a routine inspection


Chapter Folder online/10 TENANT OBLIGATIONS IN GENERAL and BREACHES

10.1 Tenant obligations generally

10.2 Pests or Vermin

10.3 Alteration requests from tenants

10.4 Tenant breach of agreement

10.4a Example breaches of the tenancy agreement by the tenant

10.5 Charges payable by the tenant *utilities

10.6 Tenant may appoint an agent

10.7 Time frame for making an application for an order about breach of agreement

10.8 Tenant obligations under the Residential tenancy agreement

Chapter Folder online/11 RENTAL PROPERTY FOR SALE

11.1 Salespeople and rental property

11.2 Requirement to give tenant notice the rental property is for sale









11.3 If the tenant is not notified of the landlords intention to sell

11.4 Rights of entry, days and time of entry

11.5 A person other than landlord or landlord agent entering the premises

11.6 Notices and entry to the tenant requirements

11.7 Rights of entry and dispute


11.9 Rent reduction

11.10 Listing a property for rent that has not settled

11.11 Notice of sale requirement by the landlord

11.12 Notice to tenant

Chapter Folder online/12 MAINTENANCE

12.1 Maintenance – the law

12.1a Agents duty regarding maintenance


12.3 Emergency maintenance - urgent repairs

12.4 Procedure for emergency maintenance – suggested best practice procedure

12.5 Example letter below to the landlord for urgent follow up and response for

emergency maintenance

12.6 Routine maintenance

12.7 Routine maintenance policy for agencies – suggested best practice procedure

12.8 Maintenance policy of the agency for landlords – suggested best practice

procedure

12.9 Maintenance policy of the agency for tenants – suggested best practice procedure

12.10 Appointing contractors - Contractor appointment forms

12.11 Maintenance work orders

12.12 Landlords wishing to carry out their own maintenance

12.13 Landlords wishing to use their own contractors for maintenance









12.14 Landlord failing to carry out maintenance – a possible risk

12.15 Preventative and future maintenance

12.16 Tenant refusing entry to carry out maintenance

12.17 Letter/Email Scripts for communicating maintenance issues to tenants and landlords

12.18 Rent reductions and maintenance

12.19 Request for funds from the landlord to pay for maintenance, renovations, accounts

12.20 Contracting outside the Act

12.21 Tenant termination of agreement due to breach by landlord

12.22 Getting repairs done fact sheet

12.23 Breach of agreement by landlord – maintenance

Chapter Folder online/13 BREAK LEASES

13.1 Break lease fees and the law

13.2 When a tenant breaks a lease procedure

13.3 Hardship to landlord or tenant

13.4 Early termination without compensation to landlord

Chapter Folder online/14 CHANGE OF SHARED TENANCIES and Subletting

14.1 What is a change of shared tenancy and subletting?

14.2 Legislation and transfer or subletting

14.3 Best practice procedures

Chapter Folder online/15 WATER and rental property

15.1 Water and the law

15.1a Water efficiency measures and the law

15.2 Landlord requirement to give tenant water bill and tenant requirement to pay

15.3 If the tenant does not pay the water account









15.3a Time frame for making an application for an order about breach of agreement

15.4 Water fact sheet information

Chapter Folder online/16 LEASE RENEWALS (and rent increases)

16.1 Longer term tenancy leases

16.2 Lease renewal procedure

16.3 Rent increases fact sheet

16.4 Rent increases and the legislation

16.5 Tenant rights regarding excessive rent

Chapter Folder online/17 LAWFULLY ENDING A TENANCY


17.2 Termination of tenancy agreements

17.3 Termination by the landlord and tribunal

17.4 Termination by the tenant and or tribunal request by tenant

17.5 Abandonment

17.6 Goods left behind by a tenant

17.7 Termination by death of a tenant and or agreement frustrated

17.8 Tenant may vacate before termination date

17.8a Disputes about termination and withdrawal of termination notices

17.9 Errors in termination notices and suspension of possession orders

17.10 Retaliatory evictions

17.11 Rent accrues daily on termination of agreement

17.12 Rent acceptance after termination notice

17.13 Rights of landlord and or tenant to give other notices

17.14 Early termination of the tenancy by tenant without compensation to landlord









17.15 Domestic violence and tenancy

Chapter Folder online/18 VACATES AND VACATING PROCEDURES

18.1 The Vacate “pack” – suggested procedure

18.2 Pre Vacate service

18.3 Condition report and when to carry out the final inspection

18.4 Inviting the tenant to the final inspection and tenant opportunity to attend to

matters outstanding

18.5 Handing over of the keys by the tenant at the end of tenancy

18.6 Notice periods for termination (landlord/agent)

18.7 Goods left at the property

18.8 What to look for when carrying out a final inspection

18.9 What is wear and tear?

18.10 Rental references for vacating tenants

Chapter Folder online/19 BOND REFUND PROCEDURES AND BOND DISPUTES

19.1 Making a bond claim

19.2 Reasons for claiming

19.3 Claiming a bond using Rental Bonds Online

19.4 Tenant claiming a bond using Rental Bonds Online

19.5 Providing evidence to the tenant

Chapter Folder online/20 DISPUTES IN GENERAL

20a Disputes in general

20.1 Self-resolution tips

20.2 Behaviour of tenants

20.3 Tenants who damage property and NCAT









Chapter Folder online/21 TENANCY DEFAULT DATABASES

21.1 What is a tenancy database?

21.2 Listings – who

21.3 Listings - when

21.4 Listings – why

21.5 Notice if listing found

21.6 Notice required before listing

21.7 Removing or updating listings

21.8 Disputes about listings

Chapter Folder online/22 TIME MANAGEMENT

22.1 Property Management tasks

22.2 Planning tasks examples

22.3 Time diary

Chapter Folder online/23 FILING, RECORD KEEPING and GENERAL PROCEDURES

23.1 Filing procedures

23.2 Record keeping

23.3 Record keeping and the law

23.4 Computer systems and the law

Chapter Folder online/24 FILES NOTES AND FOLLOW UP

24.1 File note procedures – computer and manual systems

Chapter Folder online/ 25 TRUST ACCOUNTING

25.1 Trust accounting – an overview









25.2 Trust accounting and the legislation plus procedures for auditing, receipting,

unclaimed monies, dishonoured cheques, required trust record keeping and more.

Chapter Folder online/26 KEYS AND THE KEY REGISTER

26.1 Logging of keys – suggested procedure

26.2 Key register – suggested procedure

26.3 Providing keys to a third party – suggested procedure

26.4 Keys, locks and the law

26.4a Security breaches and tenant rights

Chapter Folder online/27 NCAT - TRIBUNAL

27.1 Tips for preparing and presenting in tribunal

27.2 An overview of NCAT for property managers

27.2a Common terms used in NCAT

27.3 Guide to NCAT applications

27.4 NCAT case studies (examples)

27.5 NCAT definitions

27.6 NCAT fact sheets

27.7 Time frames for making applications to tribunal

27.8 Common questions - applications

27.9 Common questions – hearings

27.10 Common questions – conciliation

27.11 Common questions - enforcement

Chapter Folder online/28 AGENCY POLICES IN GENERAL

28.1 Customer service communication policy

28.2 When staff are going on leave or are absent for more than one day









28.3 Privacy and confidentiality

28.4 Complaints policy

28.5 In the event of a claim or incident (at a property) being made against the agency

28.5a When a tenant advises of an injury or event at the rental property

28.6 Staff security and safety

28.6.1 In the office

28.6.2 Out of the office

28.6.3 Driving and cars

28.6.4 Mobile phones and vehicles

28.6.5 Clothing for work

28.6.7 Social media use and policy

28.6.8 Discrimination, Sexual Harassment and Bullying

28.7 Privacy and agency policies

28.8 Email etiquette tips

28.9 Electronic signatures

28.10 Other agency policies

28.11 Professional indemnity insurance and property management

28.12 Cyber security and your business

Chapter Folder online/29 LANDLORD LISTING BOOKLET - word version for member

agency final edit

Chapter Folder online/30 NATURAL DISASTERS AND RENTAL PROPERTY

30.1 Fact sheet for landlords and tenants

30.2 Procedures for natural disasters

Chapter Folder online/31 DRUGS IN RENTAL PROPERTY









31.1 Drugs in rental property

31.2 Ending the tenancy

Chapter Folder online/32 CODE OF CONDUCT FOR PROPERTY MANAGERS and

LICENSEES UNDER THE PSBA Act

32.1 Rules of conduct – information for licensee

32.2 Licensee in charge - exemptions

32.3 Conduct requirements - For licensee and certificate holders

32.4 Duty of disclosure

32.5 Rules of conduct – disclosure requirements

32.6 Disciplinary procedures

32.7 Real estate agents - Rules of conduct

32.8 Real estate agents and salespersons - Rules of conduct

32.9 Real estate agents and salespersons - property management - Rules of conduct

Chapter Folder online/33 PRIVACY ACT information and fact sheets

31.1 Privacy act information and fact sheets

Chapter Folder online/34 Miscellaneous

Australian consumer law

Money Laundering and real estate

Real Estate Excellence privacy policy and Disclaimer (last pages)









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