Change of management – what documents need to be handed over?
Whilst there is nothing specific in legislation to answer this question, it is important to remember that you as the agent have collected this information on behalf of the lessor, effectively the information is the property of the lessor. Therefore, it is reasonable for the lessor to expect the current agent will supply anything that will allow the new agent to manage the property accordingly.
Agencies should make appropriate privacy disclosures at the commencement of a tenancy to ensure that information can be handed to a new agent if an owner changes agent or sells the property - which obviously is the property owner's lawful right to do. The REIQ tenancy application form contains a disclosure in this regard.
Subject to the agency having the correct Privacy Consent in place from the tenant these are the documents, as a minimum, which are ideal to hand over to the new managing agent:
- Applications Forms
- The 18a General Tenancy Agreement
- Signed bond lodgement form
- Signed Entry Condition Report (with photos if available)
- Signed key receipt
- Last two routine inspections
- RTA Form 5 – Change of Property Manager/owner
- Any ongoing maintenance and/or dispute issues
- Any current Form 11's, 12's or QCAT proceedings
Further to this, additional items to be passed on may be:
- Copy of the last smoke alarm compliance certificate
- Copy of the last pool safety compliance certificate
- Any evidence of water efficiency
- Any warranty documentation on appliances
- All spare keys and remotes
- Any other documentation relevant to the property, tenant or lessor.
Not handing over information to the new managing agent could be to the client's disadvantage, especially if the new agent is unable to effectively perform their role without the required documentation. An agent is required to act in the client's best interests, and obey lawful instructions, so if you are having difficulty in obtaining information from the previous agent then the client may need to make contact and instruct the other agent to provide you with the documentation.
It is also worth noting, the agreement between property owner and managing agent is covered by the Property Occupations Act 2014, which is administered by the Office of Fair Trading. The RTA assists in disputes between managing agents/lessors and tenants but not managing parties.