The paper 'The Modern Corporation and Private Property' is a wonderful example of a Business Assignment. Copies of keys to rental properties should be kept in the personal possession of the relevant property manager. In residential tenancy, the bond must be forwarded to the Residential Tenancies Bond Authority within 10 business days. Q. 3 In a residential tenancy, a receipt must be issued to a tenant (who is not paying rent in person and has requested a receipt) within 5 business days of receiving the payments. Q. 4 The Victorian Civil and Administrative Tribunal (VCAT) is an organization that is usually accessed for resolving disputes between landlords and tenants where the landlords and the tenants are unable to resolve the dispute by mediation, negotiation or reconciliation. Q. 5 The Landlord and Tenant Act 1958 is the most relevant piece of legislation that would apply to a family renting a home in Victoria. Q. 6 Retail Leases Act 2003 is the most relevant piece legislation that would apply to an estate agency business renting an office in Victoria. Q. 7 An Exclusive Leasing and Managing Authority. Q. 8 Email. Q. 9 An interest-bearing account on behalf of the tenant. PART B: SHORT ANSWER QUESTIONS: Q. 1 Scenario The relevant section of the act. Minimum notice period (number of days) Able to require the tenant to vacate prior to the end of a fixed term. The tenant is 15 days behind in the payment of the rent. 281 (1) 2 and above Yes There is only one tenant leasing the premises, the tenant has died. 228 (1) 28 Yes A tree from a neighboring property has fallen onto the premises.
This event has caused some considerable structural damages including a high likelihood of ongoing water inundation due to roof failure. 245 (1b) N/A Yes The property has been sold at auction. The contract of the sale of the Real Estate that the purchaser will be entitled to vacant possession at settlement. 259 (1) 60 and above Yes A landlord wishes to give a tenant a notice to vacate without specifying the reason for giving the notice. 263 (1) Above 120 Yes The landlord’ s daughter wishes to occupy the premises immediately after the termination date. 258 (1b, i) 60 and above Yes Q. 2 Situation. Type of Tenancy. The last day of the third month of a Residential Tenancy Agreement that commences with “ no fixed terms. ” Periodic Tenancy. The last day of the tenth month of a Residential Tenancy Agreement that commences with a fixed term of “ 12 months. ” Fixed-Term Tenancy. The last day of the tenth month of a Residential Tenancy Agreement that commences with a fixed term of “ 6 months. ” Periodic Tenancy. The last day of the 15th month of a Residential Tenancy Agreement that commences with a fixed term of “ 12 months. ” Periodic Tenancy. The last day of the 3rd month of a Residential Tenancy Agreement that commences with a fixed term of “ 6 months. ” Fixed-Term Tenancy. Q. 3 a) Relevant Section of the Act Name of the document. A number of copies for the tenant. Does the agency keep a copy? Yes/No. 66 (1) A written statement summarizing the rights and duties of tenants and landlords. 1 yes 29 (1) Copy of agreement. 1 yes 405 (1) Bond lodgment form. 1 No 43 (1) Receipt for the rent. 1 Yes 35 (1) Condition report. 2 Yes b) To comply with section 29 (2) of the Residential Tenancy Act 1997, the tenant must be provided with a copy of the agreement or the signed terms signed by both tenant and landlord within 14 days. Q. 4 Four ways in which an agency business can obtain property management listings. The Agency business should fully and properly screen the applicant’ s credit, criminal accounts, rental reputation, and the capability of paying the rent. The Agency must embrace Lease contracting only receiving rent through the acceptable documents recommended within the location of the property. Lessening and remediation concerning issues on maintenance within the plan, with prior to Limited Power of Attorney legally agreed to by the property owner. The Agency should manage the accounts plus finances of the actual estate properties, and getting involved in litigation with tenants, contractors, and insurance agencies. Q. 5 Four line items (that relate to the amount of money) that would be included in a monthly statement to a landlord. The service charge for the services such as water, central heating or laundry offered by the householder A security deposit. Electricity or gas consumed. Fee for the supply of key Q. 6 Five items that must be included in a receipt made for rent of a residential property. The name of the tenant and rented premises. The date of receipt. The duration of the payment. The amount paid. The fact that the payment is for rent. Q. 7 Eight roles of the property manager either in leasing on managing the property. To market the rental property, decide on the tenant, and be responsible over the property under him/her. The manager breaches the notices to the tenants and arranges for court procedures where is necessary. Responsible for negotiating the rental amount appropriately in accordance with the current market situations. The property manager advertises for the property, locates the potential tenants, and collects the rent payments. The manager prepares the periodic or fixed-term residential tenancy agreement; He/she is in charge of lodging and applying for the discharge of security bonds; The manager report and arrange for repairs in case of damage and also maintenance to the degree authorized. He/she provide pertinent notices and financial statements to the tenants, attend the company’ s meetings.
Tarakson, S. (2004). Everyday law. Sydney: The Federation Press.
Berle, A. & Means, G. (1991). The Modern Corporation and private property. New Brunswick, N.J., U.S.A: Transaction Publishers.
NoAuthorFound. (2005). Renting a home: a guide for tenants and landlords. Melbourne: Consumer Affairs Victoria.
Horn, P. (1984). The changing countryside in Victorian and Edwardian England and Wales. London Rutherford N.J: Athlone Press Fairleigh Dickinson University Press.
Shepperson, T. (2007). Renting: the essential guide to tenants' rights. London: Law pack.
Portman, J. & Stewart, M. (2009). Renters' rights: the basics. Berkeley, Calif: Nolo.
Koning, J. (2000). VCAT: Victorian Civil and Administrative Tribunal: Freedom of information. South Melbourne, Vic: ANSTAT.
NoAuthorFound. (2013). Victorian civil and administrative tribunal. S.l: Book on Demand Ltd.
Garner, S. & Frith, A. (2010). A practical approach to landlord and tenant. Oxford England New York: Oxford University Press.
Law, U. (1996). Housing law text, case and materials. London: Cavendish Pub.