Entry Condition Reports - QLD

Recently PM submitted a purported (QLD) Form 1(a) under the QLD RTA as their Entry Condition Report to a new tenant.
The report is a bunch of photos, room by room, with just general comments (like - marks on bench top, hooks in wall etc) and nothing very specific and signed by the Agent. It is 16 pages of photos and very little commentry and certainlt NOT in a format I have ever seen before.
The Qld RTA S65(2)
The lessor or agent must on or before the day the tenant occupies the premises under the agreement— (a) prepare, in the approved form, a condition report for the premises and any inclusions; and (b) sign the report; and (c) give a copy of the report to the tenant.

I cannot find out what the 'approved form' is. I know all the Forms are on the RTA Website but how do I confront PM and prove their form is not an "approved form'. It should be in the legislation or statutory provisions etc etc but I cannot locate it. At the least there MUST be a prescription of what a prescribed form under the Act will encompass.
Can anyone show me where to find this info.

Thanks

Brian7979

 

Hi Brian
On the RTA Qld website, look for Forms and Resources on the top task bar, then Forms for General Tenancies.

Last year I tried to fill it out online and it was extremely difficult. I prefered the Olden Days, the year before, when we printed it out then filled it in with a pen as we walked through our property. I suggest taking several photos yourself and your own notes.

 

16?!

My last one was 47 pages, but are typically 70-80

 

That would be because houses in Salisbury and Elizabeth will come with so many scratches and marks already. Mine are usually freshly painted between our four-year tenancies.

 

Not sure where you got that idea from, you seem to have it a bit backwards. The most recent one at 47 was a house in Paralowie (Salisbury area). The other 2 houses we leased this week were newly renovated houses in really nice areas and they were much longer.

 

Darn, mine wouldn't print that day. My bad

 

Sorry, stirring.....

 

Hi Everyone and thanks for the info.

That is not what I want.

I want to know where the RTAct or Regulations to the RTAct state that AN APPROVED FORMAT must contain the following etc etc as acts and regs do. I need the legal proof of what an approved form is to comply with legislation.

From that, yes, the RTA has evolved the Form 1 (a) but I need to know what MUST BE in an APPROVED FORM to comply with the act. It must be spelt out and prescribed somewhere.

I don't nmeed the Form, I need to know where the legislation or Regulations state 'this must be stated/included etc to be an 'approved form'.

Thanks

Brian

 

I have discovered the answer and only post it as it may help in the future (in QLD) as RE Agents and others turn to photos etc in lieu of using proper forms etc.

The RT Act states in S65
(2) The lessor or agent must on or before the day the tenant occupies the premises under the agreement— (a) prepare, in the approved form, a condition report for the premises and any inclusions; and (b) sign the report; and (c) give a copy of the report to the tenant.

Approved Form is defined in Schedule 2 as:
Approved Form see Section 519.

S519 Approved Forms
The Chief Officer may approve forms for use under this Act.

The approved form for use is the RTA Form 1(a).
So this must, stress must be completed in full as the Official Entry Condition Report.
Photos with comments etc may be attached to this form as evidence, but that is all.

The RTA has confoirmed this to me in writing, that nothing can take the place of the Form 1(a), but additions may be made to it.

Thanks and I hope it helps in the future as RE Agents try to just do what they want and impose their views on both Landlords and Tenanats, but are in fact operating outside the law and not protecting YOU AS THE LANDLORD as their 'purported forms, reports' are not in accord with the Act and will not stand up in Court as OFFICIAL DOCUMENTS.
Brian

 

Slight misunderstanding here, the Agent only supplied photos with a few scratchy comments and signature on last page. So it was a long document comprising only photos of each room with a (operative word) short comment on room in general. There was no F1 (a) with attempts to make required comments AND THEN ADD photos etc, it was just a bunch of photos, which cannot be seen to be a F1(a) in the required format.

Just to be safe, the advice is use the F1(a), complete it as required, THEN add photos videos etc as additional supporting evidence etc, but do not use them in place of the Form 1 (a).

Thanks again.

Brian