QLD Entry Condition Report

Discussion in 'Property Management' started by Mumma Hen, 30th Aug, 2015.

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  1. Mumma Hen

    Mumma Hen New Member

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    Hi, I am new to the industry and I have a query.
    How do you handle your Form 1a?
    Do you fill it out and sign it before you hand it to the tenant to complete? I understand that is what legislation says to do but what it they write something on it that you do not agree with? you have then got your signature on a legal document that you do not agree with.

    Does anyone know how this is viewed at the tribunal?

    Can you tell me how you manage this?

    Thank you in advance to anyone that can help me understand this part of the process clearly :)
     
    Mumma Hen, 30th Aug, 2015
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  2. wylie

    wylie Moderator Staff Member

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    I fill it in, but don't sign it until it comes back, filled in and signed by the tenants. Then I send the tenants a signed copy.
     
    wylie, 30th Aug, 2015
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  3. Mumma Hen

    Mumma Hen New Member

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    We currently do the same thing but below I have pasted some of the legislation that was brought to my attention recently that has me worried about doing it going forward.

    BUT what has me really concerned is I heard of someone being taken to court because this scenario and they were told, you signed it!

    RT&RA Act 2008
    Chapter 2 - Part 1 Agreements - Subdivision 2 - Associated documents
    65 Condition report at start of tenancy
    (1) This section applies to a lessor or lessor’s agent if the terms of the agreement are required to be in writing.
    (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.

    Can any one else tell me how they interpret this?
     
    Last edited: 30th Aug, 2015
    Mumma Hen, 30th Aug, 2015
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  4. wylie

    wylie Moderator Staff Member

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    Just picked this up from the RTA website. It says to sign the report first. I'm thinking I have signed it when I fill it in, because I do read the instructions each time as I don't do this often enough to not have to check.

    Lessor/agent

    1. Inspect the premises.

    2. Mark each item on the list clean, working, undamaged (where applicable).

    3. Make a note of any extra items in the additional comments/information section.

    4. Give a signed copy of the report to the tenant. Keep a copy for your own records.

    5. Ask the tenant to add their comments to the report, initial each page and return it to you within 3 days.

    6. If the tenant disagrees about the condition of the premises, encourage them to discuss it with you. Comments can be recorded in the additional comments/information section (Page 7) or by attaching a separate page.
      Supporting documentation has been attached Yes No

    7. Give a copy of the final report back to the tenant within 14 days of receiving it.

    8. You must keep a copy of the report for at least one year after the tenancy agreement ends.
    Tenant

    1. Inspect the premises.

    2. Comment on any item where you disagree with the lessor/agent, or if you believe the report does not reflect the true condition of the premises.

    3. Talk to the lessor/agent if you disagree about the condition of the premises.

    4. Initial each page of the report and send it to the lessor/agent within 3 days.

    5. The lessor/agent must send you a copy of the final report. You may also want to make a copy for your own records.

    If the condition report is not given to the tenant/s within 3 days of occupation, the tenant/s should obtain, complete and sign their own form and submit to the lessor/agent.
     
    wylie, 30th Aug, 2015
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  5. wylie

    wylie Moderator Staff Member

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    What I do know is that rarely does a tenant give it back to me within 3 days so I always feel like I have done the right thing and my report is the one that will be upheld in any dispute because the tenant has not followed the rules.
     
    wylie, 30th Aug, 2015
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  6. Mumma Hen

    Mumma Hen New Member

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    I wish that was the case for us :) but 98% of our tenants bring it back within 3 days!

    I did also read those instructions but I wondered if anyone else was concerned with signing it before seeing the tenants written comments.
     
    Mumma Hen, 30th Aug, 2015
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  7. Michael Gill

    Michael Gill New Member

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    Hi Mumma Hen
    Your signature is not an agreement to the tenants comments, it is just signing off on your initial comments. There is no issue with signing before you give it to your tenants as the legislation sets up the regime and the form clearly indicates (by different comments in different columns) the difference of opinion. Where there are differences of opinion, it is obviously better to discuss and agree the true position at the time but if that is not done and it is tested in QCAT, it becomes a matter of who can prove that their version is correct - so best advice is take lots of photos!
     
    Michael Gill, 30th Aug, 2015
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  8. Mumma Hen

    Mumma Hen New Member

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    Thank you Michael, for your reply. I really do appreciate it!
     
    Mumma Hen, 30th Aug, 2015
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  9. 733

    733 Well-Known Member

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    733, 2nd Sep, 2015
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  10. 733

    733 Well-Known Member

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    That is a comprehensive and accurate response. At Diligent we also take images of everything to augment the Entry Condition Report and send the images along with the completed report to tenants to co-sign and/or add any additional comments if relevant.

    We also experience some tenants sluggish to return their co-signed Entry Condition Report and will send courtesy emails/texts and/or phone call to chase up - if after endeavouring to achieve a response three times we hear nothing we email the tenants to inform them that given they are not responding, it is assumed that they agree to the Entry Condition Report.
     
    733, 2nd Sep, 2015
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  11. Lu Bracher

    Lu Bracher Well-Known Member

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    I make sure our system has a FULLY signed copy of the tenancy agreement when we leave a sign up, whether the tenants have inserted the details their comments or not. The legal position is such that they have 3 days to return it to our office if they disagree with any of the comments made. It means we take one step further and they also get a CD of photos.. I have found the law to contradict itself in this process but have found a way to legally overcome it.
     
    Lu Bracher, 3rd Sep, 2015
    #11