Renting A Property? Your Rights & Responsibilities

To take some of the pressure off persons or families that may be thinking of moving into a rental property, there are some substantial rules set out by the Residential Tenancies Authority, to help people understand what is expected of them when living in and caring for a rental property. Everyone wants to be able to settle down into a routine once moved in without unexpected dramas. These guidelines are set to assist people to live peacefully in their rental accommodation for the length of their tenancy agreement. So just what are your rights and responsibilities, and what can you expect during your stay in your rental home?

Brisbane property managers can help to ensure you know all the ins and outs of renting. Firstly you have the right to be provided with premises that are fit to live in. This means that the house should be clean and in good repair. The property should also have reasonable security, by way of working locks and keys in good order. During your stay, the landlord should not interfere in any way with your use of the property, your peace or privacy. If the landlord, or lessor, wish to enter the property for the purpose of inspection or repairs, they will need to notify you in writing.

As tenants of the property you have the responsibility of abiding by your lease agreement. This can vary, so make sure you are clear on your agreement. Your property management Brisbane agent can help with this. Usually it contains basic responsibilities such as paying your rent on time, maintaining the property and reporting any problems or damage promptly. You are also agreeing to use the premises for legal purposes and respect the rights of your neighbours by not causing or permitting a nuisance or infringing upon their privacy. Should you wish to make any changes that are not included on your lease agreement, such as getting a pet, or taking in a boarder it is essential that you seek approval from the landlord or lessor.

When landlord or lessor and tenants are aware of their rights and responsibilities, it can go a long way towards having a mutually respectful relationship. All property owners want to ensure their investments are taken care of and usually go to any necessary lengths to keep good tenants in their properties. Most tenants don’t want to be moving every six months or so and are therefore usually careful to meet their responsibilities to ensure lengthier tenancy. When all parties work together, home sweet home can be just that!

Maintaining a Rental Property. Who is Responsible?

Many people opt to rent a home rather than buy, for many different reasons. But if you are new to renting a property you may ask, who is responsible for maintenance at the property. All houses need a certain amount of maintenance and upkeep and are subject to wear and tear. After all, they can’t stay new forever. So what happens if, you have a leaky kitchen tap, or a tile in the bathroom comes loose? Maybe one of the hinges on a kitchen cupboard has broken. So do you run to the hardware store and attempt to fix it? Seemingly these are simple jobs, but are they the tenant’s responsibility? Read more

A Few Words On Tenancy Agreements

The tenancy agreement is a very important piece of paperwork involved in rentals. It is a legal agreement between the landlord, real estate and tenant stipulating the rules regarding the rental property. These rules are expected to be abided by at all times and failure to do so results in a breach of contract. Tenancy agreements do not only cover the landlord but also the tenant. When a tenant has signed a tenancy agreement it is expected that whilst they respect the property they are in, their privacy and right to quiet enjoyment of the property is also respected. Read more

Locking up. Who Has The Keys?

Most houses these days come with a variety of keys for various rooms, cupboards and or buildings on the premises. Of course there are the usual front and back door and security screen keys, but then there may be windows, garages,

garden sheds and perhaps a free standing laundry all with different locks and keys. Deadlocks may be fitted to external doors often requiring a different key again. All these locks and keys have the purpose of keeping the property secure. So when leasing a property, who is entitled to copies of all these keys?

As a general rule both lessor/agent and tenant are required to have copies of all keys. The tenant should be provided with at least one of each key, for each lock on the property. If multiple names are on the tenancy agreement then each person on said agreement should be provided with keys which allow access to both the property via roads, gates etc and the keys which provide access to the house (front and rear doors). When renting through a real estate Brisbane, the agent handling your rental home will make a record of these keys and require a signature from the tenants in possession of the keys.

If either party wishes to change locks on the property for any reason this should be arranged with your property management Brisbanef agent. Both parties need to be in agreement of such changes, and neither party should withhold their consent for such a request without reasonable cause. When changing locks both tenant and property manager should be given copies of the new keys and the key register should be updated and new signatures acquired to accommodate these changes. The only exception to this rule would be if there were standing orders to the contrary from the Tribunal governing rental agreements.

On expiry of the rental agreement or lease, all keys which were signed for should be returned to the lessor or agent. This is important as it ensures that all keys are accounted for and can be passed on to the next tenants. If any keys are missing or lost, the lessor or agent should be notified as soon as possible so that appropriate actions can be taken. Everyone wants to feel that they are secure within the home, and proper management of keys connected to a property can ensure that each tenant leasing the home can have peace of mind, and ease of access to their new rental home.

Entry Reports. Why are they Necessary?

Deciding to rent a home can be a daunting prospect. Finding a rental may not be a big problem, but having found the right house you are then faced with a myriad of forms to fill out. One of those forms should be “an entry condition report” otherwise known as a Form 1a. Where possible it is a good idea to have these forms completed and signed before moving into your rental home. What are they for you may ask?? Basically they are a safeguard for both you and the home owner to ensure there are no condition disputes when and if you move after your lease expires. Read more

Rental Bonds. What Are They?

A rental bond is a predetermined payment, paid by the tenant, to the landlord or rental agency. The amount varies but is often the equivalent of 4 weeks rent if the weekly rent is $700 or less. If the weekly rent is above $700 per week there is no bond amount limit. A bond is not the same as rent paid in advance, but is paid in addition to any advanced rent payment. The payment of a rental bond is designed to provide security to the landlord for any breach of contract by the tenant in relation to care and maintenance of the property. Read more

New Pool Safety Laws

The summer months are a fantastic time of year. It is a time of lazy afternoon BBQs, warm summer sun, and of course, swimming. For those lucky enough to have swimming pools, there is a great responsibility with such a luxury. Too many lives are lost through swimming areas not being properly fenced especially where young lives are concerned. The new pool laws are set at aiming to reduce these needless injuries and deaths whilst making swimming pools a safer place to be around for everyone. Here’s what the new laws mean for pool owners and properties with pools.

Safety checks and registering.

Current pool safety certificates need to be obtained before a real estate Brisbane can be leased to a new tenant or sold to a new owner. This means if you own a rental property or wish to sell a property, you need to take affirmative action to your pool complying with the new safety laws. If you don’t do this then you are not legally able to sell or rent your property. Where a body corporate is in place for units and townhouses the body corporate manager needs to organize a pool safety inspection.

All properties that receive a pool safety certificate are then added to the pool safety register. This register is essential to the new pool safety laws and is in place to implement the compliance of pool owners. Property owners who believe they should already be on the list can check to ensure this is correct. If they find their property is not listed there is a risk being fined an amount up to $2000.00. It is strongly recommended that all pool owners check compliance and registration as soon as possible and rectify any issues quickly.

Know you’re right.

It is very important to be familiar with the new pool safety laws so you don’t get caught out. It is not just outdoor pools that the new laws relate to and not just swimming pools. Indoor pools as well as outdoor and indoor spas are also required to meet the terms of the new laws. In fact, any swimming or bathing set up that is deeper than 300mm needs to be enclosed with approved safety fences and gates. Appropriate signage needs to be present and fences need to be free of anything that can aid in climbing.

You can access more comprehensive information from your property management Brisbane on the new pool laws. Be sure you can enjoy your swimming pool without the drama and get your pool safety checked today.

Position One Property Shoots To Number One Nationally!

Innovative, futuristic, “clued-in” and completely focused on their clients investment properties – meet Australia’s award winning property managers – Karen Herbert and her team at Position One Property Brisbane Property Centre.

Position One Property has been honoured with winning the LPMA (Leading Property Managers of Australia) 2011 Awards for Excellence in the category of “Customer Service”.

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Tenant Databases

A tenant database is a database that contains details of tenants that have had problems associated with previous leases. This database is available to real estate industry professionals that wish to check whether any applicant for a rental property may be a financial risk.Property managers and agents must abide by rules and guidelines before submitting any persons name onto the database. Before a listing is made on the database, written advice must be sent to the tenant explaining details and reason for the listing, to which the tenant can object. Notice of the objection must also be submitted onto the database.

Landlords and property managers must inform tenants that a breach of the lease agreement may result in a listing on a tenant database. A tenant may be listed on the database for serious breaches of the lease only, and only once the lease is terminated and any tribunal hearings have been completed.

Reasons include:

If there was previously unpaid rent or intentional damage to a rental property leased by them. The rent or damage amount must have been for more than the bond amount.

Failure to pay monies as directed by the Tribunal

Where the Tribunal has terminated a lease as a result of breach of the lease agreement

If a tenants name appears on the database, the reasons for listing will be specified, and these must be made freely available to the tenant if requested.

A tenant can pay any debt due by them and the property manager must inform the database operators as soon as this is done. The tenant entry on the database can be removed by payment depending on how soon the payment is made and whether there was more than one entry.

Typically if the debt is paid within 3 months and it is the only entry, this will remove the entry, otherwise notice on the database will remain for some years.

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