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Elements and Performance Criteria

  1. Implement conditions of lease or tenancy agreement.
  2. Respond to enquiries from tenants and landlords.
  3. Plan for renewal of leases and tenancy agreements.
  4. Manage renewals of leases and tenancy agreements.
  5. Manage termination of lease or tenancy agreement on behalf of landlord.
  6. Respond to termination of lease or tenancy agreement initiated by tenant.

Required Skills

This section describes the essential skills and knowledge and their level required for this unit

Required skills

ability to communicate with and relate to a range of people from diverse social economic and cultural backgrounds and with varying physical and mental abilities

analytical skills to interpret documents such as agency and statutory forms associated with leases tenancy agreements and management agreements

application of risk management strategies associated with the rights of landlords and tenants during the terms of leases or tenancy agreements

computing skills to access agency databases send and receive emails and complete standard forms online

numeracy skills to calculate and interpret data such as rents and rent arrears

decision making and problem solving skills to analyse situations associated with implementing the terms of leases or tenancy agreements and making decisions consistent with legislative and ethical requirements

literacy skills to access and interpret a variety of texts including legislation regulations leases and tenancy agreements prepare general information papers and formal and informal letters and complete standard and statutory forms

negotiation skills to reach agreement with landlords and tenants on terms of leases and tenancy agreements

planning organising and scheduling skills to perform tasks associated with monitoring the renewal and termination of leases and tenancy agreements

research skills to identify and locate documents and information relating to the conditions of leases and tenancy agreements

Required knowledge and understanding

access to tenanted retail properties

consumer protection including

consumer protection principles relevant to leases and tenancy agreements

effect of consumer protection legislation on contracts

penalties and remedies available for breaches of consumer protection legislation

protection offered to consumers under consumer protection legislation in relation to leases or tenancy agreements

rights and obligations of estate agents under consumer protection legislation in relation to the lease of property

contracts

ethical practices associated with leases and tenancy agreements

inspecting tenanted premises

insurance for managed properties

rights and obligations of a landlord agent and tenant during lease or tenancy agreement

relevant federal and state or territory legislation and local government regulations relating to

antidiscrimination and equal employment opportunity

antimoney laundering

consumer protection fair trading and trade practices

employment and industrial relations

financial services

leasing

OHS

privacy

property management

rent including

payment

receipting banking and recording

rent arrears

rent increases

rent reviews

renewal of leases and tenancy agreements including

benefits of tenancy renewal

renewal strategies relevant to different types of property such as residential commercial industrial and rural

scheduling tenancy renewals

strategies for gaining tenancy renewals

tenancy lease and renewal patterns

risks associated with renewing and terminating leases and tenancy agreements for managed properties

leases and tenancy agreements including

condition report and disclosure statements

fixed and periodic

format of agreements

key features of the different types of leases and tenancy agreements

legal obligations of agent landlord and tenant

rents security deposits and bond moneys

termination of leases and tenancy agreements including

relevant documentation

rents security deposits and bond moneys

rights of landlords and tenants

trust accounts

Evidence Required

The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge the range statement and the Assessment Guidelines for this Training Package

Overview of assessment

This unit of competency could be assessed through case studies and practical demonstration of monitoring and managing a lease or tenancy agreement including the renewal and termination of a lease or tenancy agreement Targeted written including alternative formats where necessary or verbal questioning to assess the candidates underpinning knowledge would provide additional supporting evidence of competence The demonstration and questioning would include collecting evidence of the candidates knowledge and application of ethical standards and relevant federal and state or territory legislation and regulations This assessment may be carried out in a simulated or workplace environment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

A person who demonstrates competency in this unit must be able to provide evidence of

implementing the conditions of leases and tenancy agreements including conducting inspections preparing condition reports collecting rents monitoring rent arrears and implementing rent reviews and increases in line with agency practice ethical standards and legislative requirements

knowledge of agency practice ethical standards and legislative requirements associated with monitoring and managing properties during the term of a lease or tenancy agreement and the renewal or termination of leases and tenancy agreements

knowledge of rights and duties of tenants and landlords or agents with regard to the termination of leases and tenancy agreements

knowledge of the rights and duties of landlords and tenants with regard to the renewal of leases and tenancy agreements

managing the termination of leases and tenancy agreements on behalf of landlords

planning and managing the renewal of leases and tenancy agreements

responding to requests from tenants and landlords

responding to the termination of leases or tenancy agreements initiated by tenant

Context of and specific resources for assessment

Resource implications for assessment include

access to suitable simulated or real opportunities and resources to demonstrate competence

assessment instruments that may include personal planner and assessment record book

access to a registered provider of assessment services

Where applicable physical resources should include equipment modified for people with disabilities

Access must be provided to appropriate learning andor assessment support when required

Assessment processes and techniques must be culturally appropriate and appropriate to the language and literacy capacity of the candidate and the work being performed

Validity and sufficiency of evidence require that

competency will need to be demonstrated over a period of time reflecting the scope of the role and the practical requirements of the workplace

where the assessment is part of a structured learning experience the evidence collected must relate to a number of performances assessed at different points in time and separated by further learning and practice with a decision of competence only taken at the point when the assessor has complete confidence in the persons competence

all assessment that is part of a structured learning experience must include a combination of direct indirect and supplementary evidence

where assessment is for the purpose of recognition RCCRPL the evidence provided will need to be current and show that it represents competency demonstrated over a period of time

assessment can be through simulated projectbased activity and must include evidence relating to each of the elements in this unit

In all cases where practical assessment is used it will be combined with targeted questioning to assess the underpinning knowledge Questioning will be undertaken in such a manner as is appropriate to the language and literacy levels of the candidate and any cultural issues that may affect responses to the questions and will reflect the requirements of the competency and the work being performed


Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the performance criteria is detailed below. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.

Rights and duties of tenants and landlords or agents may include:

access to retail premises

assigning or subletting premises

condition of premises

entry to premises by landlord or agent of rented premises

inspections

rent, including:

payment

receipting, banking and recording

tenant withholding rent

quiet enjoyment

running expenses

urgent and non-urgent repairs.

Legislative requirements may include:

relevant federal, and state or territory legislation and local government regulations relating to:

anti-discrimination and equal employment opportunity

anti-money laundering

consumer protection, fair trading and trade practices

employment and industrial relations

financial services

leasing

OHS

privacy

property management.

Strategies for collection of rental arrears may include:

contact the tenant promptly when rental arrear first occurs

contain any escalation of the debt

debt collection agencies

regular checking of rental arrears

warning letters.

Rent increases and reviews may include:

residential tenancies

retail tenancies.

Enquiries from tenants and landlords may be received through:

email

inspections

office

open houses

referral

telephone

website.

Appropriate rapport relates to use of techniques that:

establish and build confidence and trust in the agency and its representatives

make the landlord or tenant feel valued

promote and maintain an effective relationship with the landlord or tenant.

Appropriate people may include:

agency principal

landlord

licensed real estate agent.

Agency renewal patterns for leases and tenancy agreements may include:

duration, frequency and number of leases and tenancy agreements

proportion of leases and tenancy agreements renewed

reasons for renewal and non-renewal of leases or tenancy agreements

relationship with key events, such as start of school or university year, holiday seasons and financial year commencement

levels of rents in renewed leases and tenancy agreements

timing of renewals.

Lease and tenancy agreement expiries are scheduled may refer to:

expiry date of lease

landlord's plans

tenant's plans.

Parties may include:

agency principal

landlord

licensed real estate agent

property manager

real estate representative

tenant.

Effective interpersonal communication techniques may include:

active listening

providing an opportunity for landlords or tenants to clarify their understanding of the process

soft questioning and seeking feedback from landlords or tenants to confirm own understanding of their needs and expectations

summarising and paraphrasing to check understanding of landlord or tenant message

using appropriate body language.

Negotiation skills may include:

analytical skills

listening techniques

non-verbal communication skills

personal attributes

presentation techniques

questioning techniques

speaking skills.

Entitlement to retain part or all of security deposit or bond money may include:

damage caused by tenants or visitors

loss of the landlord's goods

tenant abandoning the premises

tenant leaving the landlord to pay bills that the tenant should have paid

tenant not keeping premises reasonably clean

unpaid rent.