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REIQ Journal : February 2010
What we do New ready TV aerials installed digital Upgrades and repairs to existing aerials SBS & Briz31 reception specialists Poor reception fault finding Howwedoit Ease of access to our office for bookings We have professional employees in the office and field Computerised invoicing system Full insurance cover TV and telephone points Tune in TV/DVD/Home Theatre Our friendly team will contact tenants to arrange availability for entry www.pictureperfect.com.au Aerials Outlets Home Theatre AERIAL INSTALLATIONS T 1300 789 559 Fast Service Licenced Free Quotes Over 16 years in Business Professional With the implementation of the Queensland Civil and Administrative Act 2009 (QCAT) commencing on 1 December 2009 there has been some significant changes to the way civil disputes are dealt with through our judicial system. unDER ThE nEw legislation anyone with the intent on representing a party to the matter must be able to provide sufficient evidence of their authority to represent. QCAT have advised that their registry practice will be to accept an application made by an agent on behalf of the lessor, provided the agent lodges it with the application documentation which demonstrates that the tenant has been given notice under Section 206 of the Residential Tenancies & Rooming Accommodation Act 2008 (RTRA Act). For example, the front page of the tenancy agreement or another document which demonstrates this. If a lessor has authorised an agent to stand in their place in a proceeding, Section 206 of the RTRA Act states that the lessor or lessor’s agent must supply the tenant, on or before the day the tenant starts occupying the premises, with the agent’s name and address. It is recommended that the agent has a complete copy of the tenancy agreement along with any other documents that are relevant to this issue as part of the application process to the tribunal. QCAT further advises that the question of whether the agent establishes this to the satisfaction of the tribunal is a question for the tribunal hearing the application. For this reason, it is advisable that as a precautionary measure, agents who are unable to provide sufficient evidence of having complied with Section 206 of the RTRA Act complete and submit an ‘Application for leave to be represented’ to the tribunal to be able to appear on the lessors behalf. This application for leave to be represented can be made when lodging the application for the dispute or at any time up to and including the hearing. QcAt representation By Nick Brown, Best Practice & Compliance Advisor, REIQ representation REIQ Journal February 2010 42 Property Management
December January 2010