Rent Arrears Procedure
Meraki Property Management has a ZERO Tolerance Policy towards rent arrears and follows a strict rent arrears procedure, in accordance with the Residential Tenancies and Rooming Accommodation Act 2008. This is to ensure effective management of arrears and to protect the Lessor’s investment.
We understand that sometimes there are unforeseen circumstances that result in delayed rental payments. Although the situation may never apply to you as most Tenants pay rent on time, it is important we advise you of the process involved.
Although we will endeavour to accommodate any extraordinary situations resulting in late rental payments, there is a strict arrears management procedure that will be maintained, regardless of the reason.
If you happen to fall into arrears or know that you will be unable to make a rental payment, please contact the office via email to advise of your situation to your Property Manager.
|Days In Arrears
||Form 11 – Notice to Remedy Breach issued via email with 7 days to remedy breach
||Follow up Phone Call and/or SMS
||Form 12 – Notice to Leave issued via email with 7 days notice to vacate the premises
It is important that you communicate with us so we can advise you on the best steps to take towards getting back on track with your rental payments.
A Tenancy Agreement is a legal contractual agreement between our client and you. There are certain obligations for both parties, however, your rental payments are one of your main obligations.
Your rental history is a crucial part of your ability to obtain future rental accommodation. It is in your best interest that your rental payments are up to date, as failure to do so will appear on your tenant ledger, which future agents will ask to sight.
Download: Rent Arrears Procedure & Fact Sheet
If an emergency repair is needed at the property, please do one of the following:
During Business Hours: Please contact your property manager first on (07) 4721 2391 and they will arrange for a tradesman to attend.
After Business Hours: If you require emergency repairs between 5pm to 9am, please contact the appropriate tradesperson from the below list of approved contractors.
||0417 006 372
||0405 534 462
||Lock It Up Townsville
||(07) 4728 3348
*Please note: any repairs carried out after hours that are not classified as urgent are at the Tenant’s expense including a locksmith’s services if you have locked yourself out of your property.
Storm or Cyclone Damage: In the event of extreme damage caused to your property by a major storm or even you should contact the SES (State Emergency Service) on 132 500.
As per your signed 18a – General Tenancy Agreement, the meaning of Emergency and Routine Repairs:
30 Meaning of emergency and routine repairs – ss 214 and 215
1 ) Emergency repairs are works needed to repair any of the following –
a) a burst water service or serious water service leak;
b) a blocked or broken lavatory system;
c) a serious roof leak;
d) a gas leak;
e) a dangerous electrical fault;
f) flooding or serious flood damage;
g) serious storm, fire or impact damage;
h) a failure or breakdown of the gas, electricity or water supply to the premises;
i) a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;
j) a fault or damage that makes the premises unsafe or insecure;
k) a fault or damage likely to injure a person, damage property or unduly inconvenience a resident of the premises;
l) a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a resident in gaining access to, or using, the premises.
2) Routine repairs are repairs other than emergency repairs.
All maintenance items that are not considered Emergency Repairs must be reported in writing. Maintenance can be reported via one of the following methods:
In accordance with Standard Term 32 of your signed Form 18a – General Tenancy Agreement, it is the Tenant’s responsibility to report any maintenance as well as notify the Agent of any damage that has occurred at the Property.
32 Notice of Damage – s217
1 ) If the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.
2 ) If the premises need routine repairs, the notice must be given to the lessor/agent.
3 ) If the premises need emergency repairs, the notice must be given to –
a) The nominated repairer for the repairs; or please see Emergency Repairs tab
b) If there is no nominated repairer for the repairs or the repairer cannot be contacted – the lessor.
All maintenance items that are not considered Emergency Repairs must be reported in writing. Maintenance can be reported via one of the following methods:
The following information has been prepared to assist you when a Routine Inspection is due at the property you are renting through Meraki Property Management.
Routine inspections can be carried out every 3 months to ensure the property is well cared for and there are no maintenance or health and safety issues.
Routine inspections are scheduled 2-3 months in advance and will appear in your Tenant Portal as ‘scheduled’. Notice of Entry (Form 9 – Entry Notice) will be issued to you via Email or Post approximately 2.5 weeks before your Routine Inspection (the Act requires minimum of 1 week).
Please Note: as our tenants are provided extensive notice of their Routine Inspection, it is expected that the property is presented to a high standard.
As per your signed Agreement and in accordance with the RTRA Act, it is the tenant’s obligation to:
- keep the premises clean, having regard to their condition at the start of the tenancy.
- not maliciously damage, or allow someone else to maliciously damage, the premises.
Please Note: neglect is considered malicious damage
- report (in writing) any maintenance or damage if the tenant knows the premises has been damaged or is in need of repair
We recommend ensuring that ‘preventative cleaning’, such as cleaning of fan blades, shower grout/silicone, internal of oven, stovetop, etc, is completed regularly to prevent any long-term (and expensive) damage to the property.
Attendance to the below matters prior to our inspection will save time and prevent unnecessary (and often unpleasant) conversations/actions.
✔ All floors & carpets to be swept, vacuumed and/or mopped.
✔ Skirting and window sills to be dusted. Flies and cobwebs removed from window tracks, ledges, and sliding doors.
✔ All cupboards, shelves, drawers, and benches are cleaned.
✔ Walls and doors are cleaned of all marks.
✔ Stove, oven, grill and exhaust fans/range hood filters are cleaned, and all grease removed.
✔ Windows, glass and flyscreens are cleaned inside, and outside where possible.
✔ Light shades and ceiling fans to be cleaned.
✔ Air conditioning vents/filters cleaned.
✔ All garbage, bottles and rubbish are removed from the premises.
✔ The garage and/or storeroom is cleaned out, free of cobwebs and grease marks are removed from car space/garage.
✔ Bathrooms, bathroom cabinets thoroughly cleaned, ceiling mould must be removed
✔ Shower/bath recesses are thoroughly cleaned, with all mould and soap scum removed from tiles and grouting.
✔ Toilets to be cleaned, including seat, inside and outside of bowl and S bend.
✔ Exhaust fans to be removed and cleaned.
✔ Lawns and edges are trimmed, gardens and pebbled areas weeded, pet waste removed.
✔ Property to be presented in a clean and tidy condition.
If all of these items are met for all of your periodic inspections this will assist you in receiving a very positive rental reference from this agency upon vacating the premises.
Download: Routine Inspection Guide
Care of Premises
The tenant is responsible for looking after the property and keeping it clean and free from damage, in accordance with Standard Term 26 of your signed Form 18a – General Tenancy Agreement.
26 Tenant’s Obligations – s188 (2) and (3)
1 ) The tenant must keep the premises clean, having regard to their condition at the start of the tenancy.
2 ) The tenant must not maliciously damage, or allow someone else to maliciously damage, the premises.
It is our recommendation that regular cleaning of fixtures and fittings is completed at the property to ensure that long term damage does not occur, such as mould in grout/silicone, rust on fan blades or build-up of baked on food.
LAWNS, GARDENS AND TREES
Maintenance of gardens, including fruit trees, and lawns are the Tenant/s responsibility unless otherwise listed in the Tenancy Contract. To ensure that the lawns and gardens are maintained during your tenancy, we recommend regular:
- Mowing, edging and weeding
- Watering of Lawns & Gardens in accordance with water restrictions
- Pruning of trees and shrubs
- Removal of fallen branches and palm fronds
- Removal of Lawn & Garden waste (please do not use grass clippings in gardens)
NAILS, SCREWS, WALL STICKERS, DECALS, BLU-TAC AND ADHESIVES
In accordance with Special Term 2 (a) of your signed Form 18a – General Tenancy Agreement, the tenant agrees not to do anything that involves marking or defacing the premises without prior written consent. Any damage caused from the use, installation or removal of these items will be the tenant’s responsibility to repair. (ie. glow in the dark stickers/stars, wall decorations, 3M & sticky hooks, double sided tape, Velcro tabs, etc)
2 Care of Premises
The Tenant agrees:
(a) Not to do anything that involves painting, marking or defacing the premises internally or externally or using nails, screws or adhesives without the prior written consent of the Lessor.
Breaking Your Lease
Aka. Breach of Agreement or Request to Terminate a Fixed-Term Tenancy
If a tenant needs to end an agreement early, they need to be aware of their legal responsibilities, and the costs need to be carefully weighed up before making a move.
When you sign a fixed term agreement, you are signing a legal contract under which you agree to maintain the premises and rental payments for an agreed minimum period.
If you break the tenancy agreement (e.g. you decide to leave early), you may be responsible for compensating the property owner/manager for lost rent until another tenant can be found or the tenancy ends. You may also be liable for other costs such as the cost of re-letting the property and advertising.
Please note as per Standard Term 7 of the Form 18a – General Tenancy Agreement, and sections 419 to 421 of the Residential Tenancies and Rooming Accommodation Act 2008, compensation may be sought for loss of rent and expenses for the period from vacate until a new tenant is found, or the end date of the lease; whichever comes first.
Subject to the Lessor’s instructions, compensation may be sought for:
- payment of rent until another tenant is found
- repairs, cleaning, lawn & garden maintenance, etc.
- break lease fees, such as real estate agents’ administration fees
- advertising expenses to relet the property
Any compensation, or payment options for the amount, should be discussed between the tenant and the property manager (this could include how the bond is to be paid out).
7 Costs apply to early ending of a fixed term agreement
1 ) This clause applies if –
(a) this agreement is a fixed term agreement; and
(b) the tenant terminates it before the term ends in a way not permitted under the Act.
2 ) The tenant must pay the reasonable costs incurred by the lessor in reletting the premises.
Note – for when the tenant may terminate early under the Act, see clause 36 and the information statement. Under section 362, the lessor has a general duty to mitigate (avoid or reduce) the costs.
In the case of excessive hardship, Tenant/s can make an urgent application directly to Queensland Civil and Administrative Tribunal (QCAT), without participating in RTA dispute resolution, to end the tenancy agreement.
The legislation does not define “excessive hardship” as this is dependent on individual circumstances and must be ruled on by an adjudicator at QCAT. Some examples of excessive hardship may include the loss of a job and no means to pay rent, a tenant who is forced to relocate for work or is suffering severe physical or mental illness.
The tenant should attend the QCAT hearing with the necessary documents to support their claim of excessive hardship. If excessive hardship is proven, QCAT can grant a termination order of the tenancy agreement immediately. If excessive hardship cannot be proven the tenant may be responsible for compensating the Lessor, as advised above.
End of Tenancy
Tenants are required to give a minimum of 2 weeks’ notice, in writing, of intention to vacate the premises.
As per Standard Term 37 of the General Tenancy Agreement, the property is required to be returned upon handover in the same condition they were in at the start of tenancy, fair wear and tear excepted.
37 Condition premises must be left in – s 188(4)
At the end of the tenancy, the tenant must leave the premises, as far as possible, in the same condition they were in at the start of the tenancy, fair wear and tear excepted.
Standard Term 38 requires that all keys are provided for the property upon handover as well.
At the end of the tenancy, the tenant must return to the lessor all keys for the premises.
Although a final inspection will be carried out upon handover, compensation costs for any matters such as gardening and or cleaning whilst the property is vacant can be sought from you as the agreement has been breached. The vacate inspection does not end your obligations.
The Residential Tenancies and Rooming Accommodation Act 2008 requires that tenants complete the 14a – Exit Condition Report as soon as practicable after the tenancy ends; the easiest way to comply with this requirement is to provide the report when the keys are handed over upon vacating. Please also refer to the Special Terms of the Tenancy Agreement relating to conditions that are required to be met at the end of the tenancy.
Special Term 5 End of Occupancy
The tenant will on vacating the premises:
(a) Return all keys, keycards and other security devices (if any) and make good the cost of replacement should any of these items not be returned or be lost at any time.
(b) On the last day of the tenancy have all carpets cleaned to a standard similar to the standard as provided by the lessor/lessor’s agent at the start of the tenancy.
(c) Fair wear and tear accepted, repair damage to the premises arising or as a result of the tenant’s or it’s guest’s actions including damage (if any) caused by the Tenant’s pets.
(d) Remove all the tenant’s property from the premises including rubbish and property on the premises not the property of the lessor.
(e) Leave the premises (including the grounds) in a neat and tidy condition.
(f) Fumigate as reasonably required if pets have been on the premises.
(g) Return all remote control devices in good working order and condition including batteries, and where not returned, make good the cost of replacement.
We further request forwarding address details upon vacating as per Standard Term 39 of the General Tenancy Agreement. Please provide these details to our agency either on the Exit Condition Report or alternatively in writing on or before the day of vacating.
39 Tenant’s forwarding address – s 205(2)
1 ) When handing over possession of the premises, the tenant must, if the lessor or the lessor’s agent asks the tenant in writing to state the tenant’s new residential address, tell the lessor or the agent the tenant’s new residential address.
2 ) However, subclause (1) does not apply if the tenant has a reasonable excuse for not telling the lessor or agent the new address.
Download: Vacate & Cleaning Guide
The Fire and Emergency Services Act 1990 requires the Tenant/s to perform obligations in relation to smoke alarms during their tenancy.
- Clean and test each smoke alarm in their rental home at least once every 12 months.
- Replace each battery that is spent or that the tenant is aware is almost spent.
- Not remove a smoke alarm installed or remove the batter from a smoke alarm unless changing a spent battery.
- If the Tenant is aware a smoke alarm in the dwelling has failed or is about to fail, other than because the batter is spent or almost spent, advise Tebter Property as soon as practicable.
- Allow Tebter Property’s contractors right of entry to inspect, maintain and install smoke alarms.
- Not do anything that would reduce the effectiveness of the warning provided by a smoke alarm eg: painting or covering the smoke detector.
If for any reason you are unable to complete any of your legislative obligations as Tenant/s, contact Tebter Property immediately. We can provide details of a qualified tradesperson to carry out maintenance for the smoke alarms at your expense.
The supply and replacement of light bulbs is not specified in the Act. However, the light bulbs are included in the special terms of the tenancy agreement and the tenants are responsible for the replacement of everyday bulbs.
Special Term 2 Care of Premises
The Tenant agrees:
(o) To replace any light bulbs and fluro tubes that have blown during the term of the tenancy.
Pets are required to be approved in writing PRIOR to the pet/s being allowed onto the Premises. Pet approval may be subject to specific criteria and must be complied with. Approval is NOT guaranteed.
Having a pet approved does not automatically approve any other pets at the property. Keeping unapproved pets at the property is a breach of your agreement.
Any pet/s other than the already approved pet/s specified in the Tenancy Agreement and/or Pet Agreement must first be requested by the Tenant in writing via a separate Pet Application, or email, giving full details and then be approved in writing by the Landlord.
Requesting for pet approval requries agreement to the following terms and conditions, and will require signing a Pet Agreement.
1 ) The tenant may keep pets on the premises only if this agreement states for item 17.1 that pets are approved.
2 ) If this agreement states for item 17.1 that pets are approved and this agreement states for item 17.2 that only –
(a) a particular type of pet may be kept, only that type may be kept; or
(b) a particular number of pets may be kept, only that number may be kept; or
(c) a particular number of a particular type of pet may be kept, only that number of that type may be kept.
Special Term 3 Pets
1 ) The tenant may not keep pets on the premises other than:
(a) in accordance with item 17 of Part 1, Clause 24 of the Standard Terms and this Clause 3; or
(b) Subsequent to the entering into this agreement where written permission is given by the lessor, such permission being subject to the terms of this agreement.
2 ) The tenant agrees at all times to:
(a) Keep the pets under control, particularly in respect of noise.
(b) Maintain the cleanlieness and health of the pets including appropriate vaccination.
(c) Keep all areas, where the pet/s are allowed, clean and parasite free.
(d) Abide by any body corporate by-laws and laws, by-laws and regulations of any competent authority or local council in relation to pets.
(e) Keep any cats indoors at night.
(f) Where the premises are part of a body corporate, restrain pets when in any common areas of the property by way of a leash or similar restraint device.
(g) Regularly remove pet droppings in an appropriate manner.
(h) Dispose of any deceased pets’ bodies in an appropriate manner and in accordance with all local government by-laws or guidelines where applicable.
3 ) The tenant warrants that it has inspected the fences at the start of the tenancy and found them to be adequat to enclose the pet/s.
4) If during the tenancy the fences are found to be inadequate to enclose the pets:
(a) The tenant must promptly remove the pet/s from the premises until the fence is repaired; and
(b) Report the inadequacy or damage to the lessor/lessor’s agent.
5 ) If the tenant breaches any of the conditions of this Clause 3 and such breach is not rectified within 14 days of the tenant being given a notice to rectify, the tenant will be requires to remove the pet/s from the premises.
6 ) Any further instruction from the lessor in relation to Pets will be included in Part 3 Special Terms.
Download: Pet Application & Agreement
Quick Portal Guide
- To the far right of the screen is a panel that says “Don’t have an account?” – Click [Connect Your Property]
- You will be required to enter your email and will be sent a link to create your password.
Generate & Download Tenant Ledger
- Top right corner Menu > Transactions
- Generate Report
Zero Tolerance of Agression Towards Staff
All Meraki Property Management employees, as well as external contractors, have the right to a safe workplace free of abuse, anti-social, aggressive or violent behaviour. Meraki Property Management has a zero-tolerance policy on aggression and violence against its staff.
The Health and Safety Executive (HSE) defines abuse, aggressive or violent behaviour as “any incident in which an employee is verbally abused, threatened or assaulted in circumstances relating to their work.”
Anti-Social Behaviour is defined as, but not limited to, one of the below:
- Intrusive conversation or shouting
- Threatening or abusive language
- Derogatory racial, religious or sexual remarks or behaviour
- Malicious allegations relating to members of staff
If you display abusive, threatening, violent or anti-social behaviour towards Meraki Property Management staff, they will:
- Advise you that they will be unable to assist you if you continue the behaviour
- Warn you that they will end the conversation if your aggressive behaviour continues
- End the conversation if your aggressive behaviour continues
- Document the incident according to company policy
- Implement a communication plan in the event that abusive behaviour continues.
- Consider reporting all threats of violence against its employees to the police.
Meraki Property Management expects that you will be respectful and courteous when communicating with Meraki Property Management staff. Please ensure that you:
- Treat others as you would like to be treated
- Use an appropriate speaking level and tone
- Communicate without using threats, abuse or offensive language
- Conduct yourself without using offensive gestures or behaviour
Meraki Property Management will:
- Be courteous and helpful
- Communicate the reasoning behind any decision made in relation to your tenancy
- Notify you of your obligations, or breach of agreement, in accordance with the Residential Tenancies and Rooming Accommodation Act 2008 and your Tenancy Contract.