Roles and Responsibilities of Agents in Property Management in Victoria

This research delves into the roles and responsibilities of agents in property management in Victoria, covering topics such as safety checks, rental agreements, licensing requirements, and more. It also discusses the relevant laws and bodies that regulate the property management sector in Victoria.

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Agents Representation
Name
Institutional Affiliation

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Abstract
The research seeks to answer the different roles agents in property management sector in
the state of Victoria play and the relevant bodies that are tasked with ensuring that the various
laws in place are adhered to.
Part 1 .
Question 1
What things should be checked to ensure safety for prospective buyers?
One must be aware if the premise in question is free of any highly dangerous chemicals, also
make sure that there is minimal danger that he/she is exposed to.
What should be attended to, before leaving a premise that has been available for check?
Any potential threat in regards to water damage leading to infections, unreliable flooring or roof
set up should be attended to.
Question 2
What does the Real Estate Industry Award 2010 state on stand-by and call out allowances?

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In regards to stand-by and call out allowances, the law provides that; the mobile
telephone allowance is payable during the entire period of employment, except when the
employee is on leave, Section 18.6 of the Act. Bennett, Wallace and Williamson (2008).
Question 3
What’s the right name of residential rental agreements?
The Residential Tenancy Agreement Lease.
How many forms does the agreement have?
Two forms.
Where is the form to be submitted?
To the Rent Tenancy Board Authority.
What other requirements on information are agents to provide?
A copy of prescribed agreement with details of proposed tenancy.
Copies of signed document after both the tenant and landlord have signed within 14 days.
Question 4
Why are minors unable to enter into contracts?
Minors are perceived to be prone to exploitation, Berardi, (2012).
Question 5
Who regulates commercial Rental Agreements?
The Retail Leases Act, 2013.
Definition of retail premises:

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Any area intended for use as a residence that under the terms of the lease relating to the premises
are used, or are to be used, wholly for the sale or hire of goods by retail or for the carrying of a
specified business.
Do they provide a quality lease agreement?
Yes.
Where is the form submitted?
To the Victorian Small Business Commission.
Who provides disagreement resolutions?
The Small Business Commissioner.
Question 6
What are the licensing necessities for real estate agents?
One must be 18 years and above.
One has to pass any courses of instructions or examinations prescribed by the regulations, for the
3 immediate preceding years must have been on a full time employment as an agent
representative for not less than a year.
Are there unique essentials for one to become a Property Manager?
No.
Which body issues licenses?
The Estate Agents Council.
Question 7
What are the remarks from the tenant unions?

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The unions are concerned about the bidding apps that give more power to the landlords, therefore
making it very hard for tenants to get houses.
What are the advantages and drawbacks of the apps?
Some such as Rent berry help prospective tenants submit bids and is able to see what the
current highest bids are and how many have been there thou most crown landlords with power at
the disadvantage of the tenants.
Part 2
Question 1
What are the rights of occupants upon discrimination?
Upon facing discrimination, tenants in the State of Victoria are entitled to lodge a complaint with
the relevant authority and be compensated for damages suffered on that basis.
Question 2
What does the pickles jar theory entail?
The pickle jar theory talks about the things in one’s everyday life and what each of them stands
to represent. The balls representing those things that really matter to a person such that without
them it becomes hard to carry out his/her functions well such as one’s health should be good in
order for him to be able to attend to other things that matter such as education represented by
stones. On the other hand the sand represents other small things like need to buy clothes from
time to time while the milk is for those other things that make like more interesting like taking
nature walks or taking part in one’s favorite game, Vout, (2009).
Question 3
What are the necessities for installation of electrical safety switches and smoke detectors in
apartment houses?

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The law in regards to this provision provides that, houses must be fitted with such safety
measures failure to which the state may issue an infringement notice.
What’s the fine?
The precise fine amount has not indicated.
Question 4
What are 3 types of landlord covers?
Rent insurance that guarantees income if property becomes uninhabitable.
Business interruption insurance ensures income when property is unusable due to renovations.
Emergency repair insurance that covers any risks that comes up.
What are their Products and Differences?
As noted above, one covers rent, the other renovations and lastly emergencies, hence difference
in the products offered and premiums.
Question 5
Which form of aid is available to small business in disagreements over commercial leases?
Whenever a dispute arises, small business get the following support i.e. If the lease does not
precisely address the issue, one should contact the Victorian small business commission that help
in investigation and try to solve the dispute through mediation, if unable it will indicate in
writing that the process failed and refer it to the Victorian civil and administrative tribunal.

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Part 3
Question 1
Which body regulates residential tenancy agreements?
The Residential Tenancies Bond Authority.
Are there prescribed forms to be used with the agreements?
Yes.
What are the prescribed forms?
Schedule 1 form 1-transitional provisions, found in the tenancy agreement that must be used
with the existing agreements.
What are stated quality terms?
There are terms in relation to payment of rent, those dealing with bonds, leasing period and use
of premises, Duncan & Christensen (2016).
Question 2
Which body provides information about commercial leases?
The Victorian Small Business Commission.
Are there prescribed forms used with them?
Yes.
What are these forms?
The Repeal Act of 1998 and a Transitional Provision 95.
Question 3
What is the type of business included in a retail business online?

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A common area of a retail shop.
Which type of business is excluded?
Fitting of equipment and services.
Question 4
What are the good things on property from blogs?
Most blogs give reasons as to why investing in Australia is the best decision as one is fully aware
of the laws regulating the business unlike in overseas where one has to relay on peoples
guidance.
Question 5
What are the things the landlord and manger need to be in agreement with ?
Upon the landlord and the tenant entering into a lease contract, they have to agree on, amount of
rent to be paid, terms of the bond, period either fixed or periodic and terms of damage to the
premises.
Question 6
What 5 costs can the management fee cover?
Routine inspection costs
Lease renewal tenancy costs
Database check costs.
Annual statement costs.
Tribunal attendance costs.

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Question 7
What are the property manager’s average fees?
1st time payment of 1-4 weeks followed by a continuous payment of 5-10% of monthly rent.
Question 8
The VIC listing site has one of the best properties for sale and rent, the pictures used provide a
good view of the house, showing the master bedroom and kitchen, other outside features like
gardens are also shown which really creates a beautiful view, Burke (2012).
Question 9
What are the outstanding features in your hometown?
One can always find great features around Victoria homes, such as gardens, which help in
keeping the environment around attractive to any prospective buyers and the fact that there is
more available information online makes it easier to access the homes.
Question 10
What areas can be marketed through trade journals?
Among areas that can be marketed through trade journals include cloth line industries, by
displaying the images, machinery industries by sampling them out and electronic based
industries.
PART 4
Question 1

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What are the comparisons among the 3 outlined real estate agencies?
The forms are from three states i.e. Victoria, Queensland and Western Australia.
What are the similar things and those different?
They are require information in regards to rental history, emergency contacts and applicants
details while differ in that not all ask for pets kept and if one is a smoker or not.
Question 2
Does the state of victoria allow one to request for a holding fee?
The state of Victoria allows one to request for holding fee which is returned to the tenant
whether he/she request for it or not.
Question 3
What does the state of victoria say about tenancy database?
In victoria, rules regarding tenancy database are outlined in the Victoria’s Residential Tenancies
Act, which allows a tenant to be blacklisted if they have been found to have breached some
specific laws such as being in rent arrears and they can only be listed for up to 3 years. Tenants
can also apply to VCAT to have an incorrect listing altered or removed from the database.
Listing is carried out so as to protect landlords from defaulting tenants, Mohummadally, (2009).
Question 4.
Which section must be completed by both the tenant and landlord?
Section 26 of the Residential Tenancies Act.
What does it say about urgent repairs?
The landlord must ensure that the premises are maintained in good repair and if he/she owns a
common area take reasonable steps that the area is well maintained

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What does it say about locks and security devices?
The landlord should provide locks to secure all external doors and windows of the premises.
What does it say about swimming pools?
In case of a swimming pool, it should be fenced as required.
Question 5
A conditional report document uploaded.
Question 6.
What is the highest bond to be held?
Maximum bond should be one month’s rent unless the weekly rent amount is higher than $ 350
When should the form be submitted?
Within 10 business days upon receive of bond.
What’s the redress period for breach due to non-payment of rent?
7 days.
Question 7
What is the redress period of a general breach?
14days.
What are the 3 types of general breach?
Breach of garden maintenance.
Keeping animals without approval
Continued disagreements with neighbors.

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Part 5
Question 1
Document to notify tenant to move out of a premises uploaded.
Question 2.
What are the situations under which a landlord can end a tenancy agreement before end of the
lease and their notification periods?
If there have been 3 successive breaches by tenant on duty not to cause nuisance, a 14 day notice
is issued.
If tenant does not comply with tribunal orders issue a 14 day notice.
If tenant fails to pay rent after 14 days due, landlord can issue a 14 day notice.
If the premise becomes unsafe landlord can issue an immediate notice.
Question 3.
What are the notifications period for a fixed term and non-fixed term?
For a fixed term whose agreement is less than 6 months, one should be served a 60-day notice
while if the term is for 6 months and more one should be served a 90-day notice to vacate and the
termination date must be the same as the expiry date on the fixed agreement.
For a non-fixed term, leases vary i.e. 60 days’ notice to vacate, 120 day notice when there is no
reason notice to vacate and when there is a periodic tenancy agreement.
Question 4

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What does the authority in victoria says about tenant ending the tenancy due to breach by the
landlord?
The tenant can end the tenancy if the landlord fails to replace faulty water appliances, does not
keep the property in good repair and if he fails to provide locks that secure external doors.
What does the body recommend?
The body recommends the following before going to the civil and administrative tribunal:
sending the landlord breach of warranty duty notice to fix the problem and if appropriate pay
compensation within 14days, upon further breach, apply to the Victorian Civil Administrative
Tribunal (VCAT) for compliance order.
Part 6
Question 1
Which is the relevant body to present bond monies?
Residential Tenancies Bond Authority RTBA is the appropriate body to present bond monies in
Victoria.
What’s the timeframe within which the bond should be lodged?
Within 15 days.
What are the steps in claiming a bond?
The tenant can lodge a claim to the VCAT at any time following the end of the tenancy period so
as to be able to claim the bond. If in agreement with the landlord, both should sign a completed
bond claim indicating the amount each is entitled to, which should not be 7 days before tenancy
comes to an end. RTBA will then pay the indicated amount to provided accounts, Munro (2009).
Question 3
Which process does the landlord follow to claim redress on bond?

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The landlord can make claim for redress on bond if they have not agreed with the tenant that
he/she is entitled to part of the bond claimed by: lodging a claim to the VCAT within 10 business
working days of the tenant vacating the premises
Question 4
Which is the body that manages trust account for real estate agents, procedure for registration
and details needed?
The consumer Affairs victoria is tasked with managing trust account for real estate agents that
follows the outlined registration process: one has to notify the body through myCAV within 14
days of intending to open it, by providing the following details: name of the trust account i.e. the
licensed business name, Hulse & Pawson, (2010). Also include words ‘estate agency business
statutory trust account’ or ‘estate agency business statutory a/c, in addition to that one must pay
banking fees for the general business account.

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References.
Bennett, R., Wallace, J. and Williamson, I. (2008). Organizing land information
for sustainable land administration. Land Use Policy, 25(1), pp.126-138.
Vout, P. T. (Ed.). (2009). Unconscionable Conduct: The Laws of Australia.
Thomson Reuters.
Munro, H. (2009). The Good Faith Controversy in Australian Commercial Law:
A Survey of the Spectrum of Academic Legal Opinion. U. Queensland LJ, 28,
167.
Hulse, K., & Pawson, H. (2010). Worlds apart? Lower-income households and
private renting in Australia and the UK. International Journal of Housing
Policy, 10(4), 399-419.
Duncan, W. D., & Christensen, S. (2016). Real Estate Agency Law in QLD.
Thomson Reuters.
Adams, M. A., & Nehme, M. (2009). Corporate Law: Australian Overregulation?:
Effect on Directors' Liability. Keeping good companies, 61(2), 94.
Mohummadally, A. (2009). A View from within the Coroners Court: The Need
for Effective Rooming House Regulation. Parity, 22(5), 4.
Burke, T. (2012). The Australian residential housing market: institutions and
actors. Australia’s unintended cities, 35-49.

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Berardi, U. (2012). Sustainability assessment in the construction sector: rating
systems and rated buildings. Sustainable Development, 20(6), 411-424.