The 2024 Tenancy Guide

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Welcome to Legacy Property Australia!

Inside this guide you will find the answers to the most common issues and questions that you may have regarding your tenancy or the property you are renting. For all other enquiries please contact us as outlined below.

Mon-Fri: 9am – 5pm

Sat: By appointment only

Sun: Closed

1300 123 987

hello@legacypropertyaustralia.com.au

www.legacypropertyaustralia.com.au

EMERGENCY MAINTENANCE

For all after hours emergency repairs please refer to page 2 of your Lease Agreement and contact the relevant emergency contacts. If you are unable to reach the emergency contact or the emergency does not relate to tradespeople listed, please contact us on the after-hours mobile number for your location:

Brisbane: 0421 755 194 or 0421 445 701

Gold Coast: 0402 400 500

Sunshine Coast: 0417 774 651

Inside This Guide.

Rent Arrears

Entry Condition Report

Smoke Alarms

Safety Switch For Power Circuit

Pools

Keys

Inspections

Other Information

Helpful Tips

GLOSSARY

Lessor - Owner of the Property

You - All tenants named on the Lease

We - Legacy Property Management Pty Ltd

Lease - Tenancy Agreement

Rent Arrears.

We understand that there are unforeseen circumstances that result in delayed rental payments. We encourage open lines of communication and urge you to contact us immediately if you are unable to meet your rental payment commitments at any stage during your tenancy:

Call us: 1300 123 987 Email us: hello@legacypropertyaustralia.com.au

OUR PROCEDURE

• 4 DAYS IN ARREARS - Courtsey call, SMS and/or reminder email to you

• 8 DAYS IN ARREARS - RTA Form 11 Notice to Remedy Breach will be served to you and a copy forwarded to the Lessor for their records. This notice allows you 7 days to remedy the breach.

• 17 DAYS IN ARREARS - RTA Form 12 Notice to Leave will be served on you to terminate the tenancy and a copy forwarded to the Lessor for their records. The notice period for the form is 7 days.

• EXPIRY OF FORM 12 - You are to handover possession of the property to us. Failure to do so may result in us lodging an urgent tribunal application for termination of the lease and warrant of possession.

• If after vacating the premises there are monies owed in excess of the bond you have paid, the tenants named on the Tenancy Agreement maybe listed with a Tenancy Database (TICA or NTD). You will have the opportunity to pay all monies owed as well as being consulted before your details are listed.

The Entry condition report (Form 1a) records the condition of the premises at the start of your tenancy. It is important that we both complete this report thoroughly to avoid problems in the future. We both complete and sign our part of the report. For each item on the list we mark if it is clean, undamaged and working. You can disagree with what we have written by including your own comments. The Entry Condition Report will be a vital part of getting your bond refunded at the end of the tenancy.

Under Section 65 of the Residential Tenancies and Rooming Accommodation Act 2008 this completed document must be returned to the us within 3 days of the commencement of a tenancy. We will then return a copy of the signed and completed report to you within 14 days.

Smoke Alarms. Entry Condition Report.

To comply with Queensland Fire and Rescue Services Legislation the following are your responsibilities during the tenancy:

1. You agree to arrange for the replacement of each battery that is flat or nearly flat during the tenancy in accordance with the ‘Information Statement (RTA Form 17a)’.

2. You will notify us when a smoke alarm has failed or is about to fail, other than because the battery is flat or almost flat.

3. You will not remove, dispose of, or otherwise tamper with the smoke alarms installed at the premises unless it is to clean or change the battery.

4. You will ensure that all exits from the property are maintained as clearways so they can be safely and effectively used for escape in the event of a fire.

We can supply a list of preferred contractors who can carry out any of the above work for you at your expense. If arranging your own contractor please ensure they are qualified and hold current and adequate Public Liability Insurance.

You agree to test the Safety Switch if installed for the Power Circuit on the Power Board every 3 months.

TESTING THE SAFETY SWITCH

1. To test a safety switch, simply press the ‘TEST’ button.

2. This should automatically trip the switch to the ‘off’ position.

3. Reset by pushing the switch back to ‘on’.

4. If it doesn’t work, contact us immediately.

5. Carry out the safety switch test every 3 months.

WHY DID IT TRIP?

1. If a safety switch turns off the power, it may be that a resident could be using a faulty appliance or the electrical wiring may have become faulty.

2. Reset the safety switch. If it trips again, unplug the last appliance used. If everything works ok, take that appliance to a licensed electrical contractor to be checked.

3. If the safety switch keeps tripping, disconnect all appliances and plug them in, one at a time, until the faulty one is located.

4. Avoid touching the appliances while carrying out this process.

POOL SAFETY

• If the property has an existing pool and/or spa, you are responsible to ensure the pool gate is not kept open & there are no objects that will allow children to access the pool.

• If you buy or acquire a pool and/or spa, you are also responsible to ensure the pool and/ or spa complies with the current Pool Safety Legislation. As the owner of the pool you are also responsible for obtaining a Pool Safety Certificate. Approval by the Lessor must be sought before installing a pool and/or spa and pool fencing.

• If a portable pool and/or spa holds more 300 millimetres of water, has a volume of more than 200 litres or has a filtration system, the Pool Safety Laws apply. However, if the portable pool is disassembled and does not hold more than 300 millimetres of water, it does not need to comply with the Pool Safety Standard until it is assembled and filled with more than 300 millimetres of water.

• Regardless of who the owner of the pool is, the gate or door to the pool must be closed, including not being propped open when not in use.

POOL RELATED PROBLEMS

The water level is a priority and must be kept at a level to allow water to flow through the skimmer boxes at all times. Failure to do this could result in serious damage and significant cost to you.

Please note:

• No metal object is to be allowed in the pool as it could cause erosion marks.

• No animals are permitted in the pool as this creates a significant chemical imbalance.

• Please ensure the water is regularly tested, to keep correct pH level. This helps prevent mould and/or fungus forming in the pool.

• The pump must be checked regularly to ensure the motor is working correctly and

• efficiently (if it is making funny noises this could be a forerunner to a problem).

Leaking or pooling of water at the pump could mean a cracked casing and will need attention.

• Please vacuum the pool at least once a week to keep the pool clear of debris.

• Even if the pool is maintained for you, it is still your responsibility to monitor the pool for any problems.

Keys.

You will be responsible for paying rent until all keys are handed in at time of vacating the property. Any cost of replacing lost keys will be your responsibility.

All remotes and keys issued or cut must be returned to our office when vacating the property in order to have the premises returned as fully securable. Failure to return keys or remotes for a lock will result in a Locksmith being engaged to change locks as necessary to secure the premises.

The cost for the Locksmith will be at your expense.

When collecting the keys to the property, you will be given a Key Acknowledgement Form to sign, this form will have a picture of the keys you have been provided.

LOCKED OUT?

DURING OFFICE HOURS

You can collect our set of keys and return them to our office within the hour. For your security we will require identification when collecting the keys.

AFTER HOURS

Please contact us on the after-hours mobile phone numbers provided. If unavailable, please contact a Locksmith. The cost for the Locksmith will be at your expense.

Inspections.

NOTICES

Notices maybe provided electronically in accordance with the terms and conditions of your Tenancy Application and Lease.

PROPERTY INSPECTION INFORMATION

As a part of our management responsibilities we conduct regular property maintenance inspections.

We carry out routine inspections on all our properties every 13 weeks and will advise you in writing when they are scheduled. This is an opportunity to identify any maintenance problems or other concerns you may have and for us to advise you of any issues which need to be addressed to maintain the property to the standard you received the property when your lease started.

If you are not present for the inspection we will access the property with our set of keys.

WHEN WE INSPECT

• One month from commencement of tenancy.

• Every 3 – 4 months.

• A day and approximate entry time within a two hour timeframe is provided to you via a Form 9 Entry Notice.

• Due to time restraints allocated for property inspections, it is difficult to rearrange times, however in extreme circumstances, please contact our office, to request a change of entry.

• Your presence at the inspection is welcome, however not necessary as the staff member conducting the inspection will use our Agency keys.

Inspections.

WHAT WE INSPECT

The purpose of the inspection is to visually inspect the areas applicable to the property as listed below, and identify any repairs or maintenance that may be needed. A report is prepared and forwarded to the Lessor for instructions if repairs or maintenance work is required or recommended.

INTERIOR

• Floor coverings

• Walls

• Doors & locks

• Ceiling & fans

• Smoke alarms

• Light fittings

• Power points

• Fixtures e.g. oven, hotplates

• Hot water system

• All wet areas including taps, pipes below sink & basins

• Built in cupboards, shelving & rails

• Curtains / blinds

• White goods if included in tenancy

• Furniture if included in tenancy

FAIR WEAR & TEAR

EXTERIOR

• Garage / carport

• Gardens & lawns

• Paintwork

• Guttering & downpipes

• Steps

• Balcony & decks

• Driveway, paths & courtyards

• Clothes line

• Fencing

• Taps

• Safety switch

• External light fittings

• Pool / spa if applicable

• Stumps if applicable

As the tenant you are bound, at the end of a tenancy, to return the property to the same condition as at the beginning of your tenancy, as detailed in the 'Entry Condition Report'. However this is subject to fair wear and tear.

Wear and tear can be considered dilapidation caused by the friction of the air, by exposure and caused by ordinary use. For example, fading paint due to sunlight exposure or furniture indentation in carpet can be considered ‘wear’.

WHAT IS NOT CONSIDERED WEAR & TEAR

Below are some examples, but not limited to things that are not considered fair wear & tear:

• Accidental damage

• Carpet and/or vinyl stains, burns or cuts

• Chips/cracks to tiles from impact

• Paint tears, holes in walls from hooks, cracks and dents to plaster

• Holes in fly screens

• Venetian blind cords in knots

• Oil stains to cement

TENANT ACTION REQUESTS

We appreciate your help by promptly advising us of problems found whilst residing at the property. However, before each planned inspection we ask you to please complete the form we send you with the Entry Notice Form 9 and leave it on the kitchen bench for our attention on arrival, if you have any maintenance requests you have not yet notified us of.

Other Information.

OCCUPANCY

Only the people originally included on your Tenancy Application and approved by the Lessor are allowed to reside at the property permanently. Additional occupants must complete an application with details of their employment and references for the Lessor’s approval. Once the Lessor has approved the new occupant they will be required to sign an 'Approved Occupant Form'.

PAYING RENT

Rent is payable in advance using the NAB Easy Rent system. We reserve the right to invoice you for reimbursement of any fees associated with any late payment. Please note we do not accept rent payments at our offices.

GENERAL REPAIRS & MAINTENANCE

We ask that you report any matters requiring repair or maintenance immediately to avoid the risk of injury to visitors or damage to the property. The 'Maintenance App' and 'Maintenance Forms' are available for this purpose. All maintenance must be reported in writing using the App or by email.

Any maintenance arranged by you will be at your cost unless it is proven to be an extreme emergency. The only maintenance that will be dealt with over the phone is the case of an emergency.

WATER USAGE

You will be responsible for all water consumption if the property is water compliant. If not, you will only be responsible for payment of Excess water. Excess water is calculated as usage in excess of 65KL per three month period.

CONTENTS INSURANCE

The Lessor’s insurance does not cover your personal belongings. It is your responsibility to obtain your own contents insurance.

RUBBISH

All rubbish must be placed in the proper bins. The Council will not collect rubbish placed in boxes and bags. Please put out the rubbish for collection on the designated collection day.

PICTURES

Please do not use Blu-Tack or any sticky type substance to hang or place pictures on the wall. As removal of these items usually causes damage. If picture hooks are not in the premises upon arrival, please contact us to arrange for approval. If you do not obtain approval, it may result in you being responsible to repair and repaint the wall when you leave.

GARDENS

You are responsible for all lawns and gardens unless specified in the Tenancy Agreement. This includes watering, weeding and mowing.

PARKING OF VEHICLES

All cars, motorbikes, trailers, campervans, caravans, boats and trucks are to be parked in designated parking areas only. Please do not park on front lawn areas, or on Body Corporate designated common areas (where applicable). It is your responsibility to repair any damage caused when parking vehicles. Oil stains on driveways are your responsibility to remove before vacating the property. To avoid such damage we recommend the purchase of drip trays.

PETS

Only pets approved on the lease are to be at a property. Please note that some unit complexes with Body Corporate By-Laws may not allow pets in some circumstances or pets are only allowed upon approval by the Body Corporate.

BOND

At the conclusion of your Lease we will not release your Bond until all keys are returned to us, the rent is paid up to date, the cleaning and pest control is completed and the final inspection has been undertaken. We will endeavour to work with you as quickly as possible to complete these requirements, so your Bond can be released.

PROPERTY FOR SALE

If the property is to be sold and you are under a fixed term lease your rights for the term of your lease will transfer to the new owner. If the lease has expired, the Lessor is required to provide you 4 weeks written notice for you to vacate the property.

BREAK LEASE COSTS

Please be aware that in the event you wish to break your lease you will be responsible for paying any reasonable costs the Lessor would incur in re-letting the premises.

The costs are:

1. Rent until whichever of the below occurs first: a. A new tenant is found, or b. The lease end date

2. A break lease fee of 110% of one weeks rent

3. Advertising fee of $125

4. Smoke Alarm Service Fee of $35 if this cost is incurred by the Lessor

5. Lease preparation fee of $55

Helpful Tips.

HOT WATER SYSTEMS (HWS)

If the water is not hot, check...

• Is the power switched on?

• Has the safety switch been tripped?

• Is the system full of water?

• If the gas bottles are full and turned on?

• Has your shower routine changed or increased?

• If the HWS is an instantaneous gas heater, please be aware the water will not be hot the instant you turn on the tap. An instantaneous system will heat the water instantly as it passes through the heater. It then has to travel through the water pipes between the heater and the outlet you have turned on. The cold water that will initially come out is the water that has been sitting in the pipes from when the water was last turned on and has now cooled down. This will mean you will need to wait a short time for the cold water to come through before the hot water starts to arrive.

• If the HWS is electric, you may need to lift the relief valve on the side of the tank to allow the overflow to release. Remember in winter the efficiency of the HWS is less than in in summer and the water will cool quicker.

Please follow the above procedure before requesting maintenance. If this does not rectify the problem please contact our office and we will arrange a tradesperson to inspect the system.

WATER LEAKS

Water bubbling out of the ground could be a serious problem and could lead to further complications. Please phone our office immediately.

BATH / SHOWER LEAKS

Leaking in the wardrobes or any area backing on to the wet area – a regular check of these areas is advisable. If the carpet is wet, sponge and dry the area thoroughly and check again after use of the wet area, please advise our office immediately if it is wet again.

TOILET LEAKS

This usually is a minor problem. Regular mopping and turning off the tap between uses is adequate until the tradesperson arrives. Please notify our office as soon as possible to arrange for a tradesperson.

HOTPLATES

Please check if the power is connected and check the fuse box in case it has tripped the switch or blown a fuse. Please notify our office to have the fault attended to.

GARBAGE DISPOSAL

Please unblock and push the reset button. Please do not attempt to disassemble the unit. Please notify our office to arrange for a tradesperson.

WASHING MACHINE

Please check...

• That the power is connected?

• That the water taps are turned on?

• That the load of clothes is not off balance or too high?

• That the Lid is connecting with on/off switch when closing?

• That the hoses are securely attached?

• If it is leaking, whether the hoses have any splits?

CLOTHES DRYER

Please check...

• That the lint filter is cleaned before every use.

• That the power is switched on.

• That the Dryer is not overloaded.

• That the air temperature is hot when running.

FAULTY SWITCHES OR FANS

Please do not attempt to fix these yourself. Check the appliance in use is not at fault, then notify our office.

LIGHTS

Check bulb, starter switch and fuse box. If it is still faulty please contact us to have it attended to.

POWER

Please check if neighbouring properties are also without power. If they have also lost power please contact your Electricity supplier. If not, please check the power box to see if the safety switch has tripped. If so, please reset the switch. If it trips again unplug all appliances from the power points. Reset the safety switch and plug in the appliances one at a time until the faulty appliance is located. If you have a fuse box please check this for a blown fuse.

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