Self assessment checklist - property management businesses

This checklist will help you comply with your obligations as a licensed estate agent managing rental properties, under the Estate Agents Act 1980 and Residential Tenancies Act 1997.

The information below, and evidence of related documentation, is what an inspector may ask to see during an inspection. This checklist is not a comprehensive list of all your obligations.

Rental agreements and bonds

• Not charging in relation to rental agreements
  You must not charge tenants a fee for beginning, continuing or renewing a tenancy agreement.
  For more information, view Leases and bonds.

• You must advertise the rented premises at a fixed price

• You must make mandatory disclosures to all rental applicants before they enter into an agreement

• You must include the statement against discrimination in all rental application forms

• Not charging renters fees for rent cards or direct debit
  You must not charge renters a fee for issuing a rent card for rent payment, or the establishment or ongoing use of direct debit facilities.
  For more information, view Leases and bonds.

• The rental agreement must not include any prohibited terms
  There are a range of prohibited terms which must not be included in the rental agreement. There is a penalty for including prohibited terms in a rental agreement.
  Any term in a rental agreement which is inconsistent with the Act, Regulations or the standard agreement will be found invalid.  

• Lodging the bond
  When you receive a bond from a renter, you must lodge it with the Residential Tenancies Bond Authority (RTBA) within 10 business days.
  For more information, view Lodging the bond.

• Providing a condition report to renters
  You must give the renter two copies of a signed condition report before they move in.
  For more information, view Condition report.

• Providing your contact details to renters
  You must give the renter your:
  • full name
  • postal address for serving documents
  • phone number or fax number.

For more information, view Leases and bonds.

• Valid Notice to vacate forms
  You must give renters notice to vacate in the prescribed form.
  Download the Notice to vacate to renter/s of rented premises

Repairs

• Providing urgent repairs information
  You must give the renter the following information in writing:
  
  • whether or not you can authorise urgent repairs
  • if you can, the maximum amount for repairs you can authorise
  • the best phone number or email address for the renter to use to arrange urgent repairs.
  For more information, view Leases and bonds.

• Reimbursing renters for urgent repairs
  If a renter has arranged and paid for urgent repairs (after taking reasonable steps to ask you or the rental provider to arrange them), you or the rental provider must reimburse the renter for a reasonable cost of up to $2,500 and within 7 days.
  For more information, view Repairs in rental properties.

Family violence safety

• Do not give keys to excluded renters
  If you know a renter is excluded from a property by a family violence intervention order, you must not give them a key to the property.
  For more information, view Changing or ending the rental arrangement.

Office management and accounting

• Appointing a replacement manager
  If the manager of an estate agency office will be absent for eight to 30 days, the officer in effective control must appoint a replacement manager in writing.
  For more information, view Absence from an estate agency office.

• Notifying the BLA of a manager’s absence
  The officer in effective control must notify the Business Licensing Authority (BLA) if a manager will be absent and a replacement manager appointed for more than 30 days.
  Download the Estate agents application for short-term manager approval (Word, 430KB)

• Recording account balances
  You must keep records of all balances of accounts held at authorised financial institutions.
  For more information, view Accounting for trust money.

• Ensure accounts are balanced
  You must correctly balance the accounts at the end of each month.
  For more information, view Accounting for trust money.

Agents’ representatives

• Agents’ representatives are eligible
  Staff acting as agents’ representatives must be eligible to do so.
  For more information, view Responsibility for estate agency staff.

• Agents’ representatives have provided police checks
  Agents’ representatives must provide you with a police check before they start work.
  For more information, view Agents’ representatives.

• Police checks must be kept for two years
  You must keep police check certificates for at least two years after an agent’s representative ceases employment with you.
  For more information, view Keeping estate agency records.

• Notifying when agents’ representatives begin or cease employment
  You must notify the BLA via myCAV when an agent’s representative begins or ceases employment with you.