Scenario One - 'Bond Trouble'

You are the property manager at a real estate agency Seven Star Real Estate with four property managers, five sales staff and three admin staff plus the managing Real Estate Licensee.

You have just been asked by your licensee to take over a disputed bond case with a property, as a staff member Shirley Valentine has recently left.

The final inspection of the residential rental property that has been tenanted for approximately 18 months has taken place and you understand from the principal that the Condition Reports have all been completed, but that the return of the bond to the tenants is in dispute by the Landlords [See reference S1a - Exit Condition Report and Entry Condition Report - located in Appendix 1].

The case has not been to QCAT as it is just last week that the tenancy ended.

The main details of the property, tenants and landlords are as follows:

The property is 14 Sunnyside Avenue, Bay Heights. It is a 4 bedroom, 2 bathroom, double garage house set on a fairly steep slope with shared driveway access that also serves 2 other properties behind it.

The tenant concerned is Adam George and he lived in the property for 18 months with his family.

The landlords are Fran and Graham Jones.

You have an email print out from the landlords that lists the following grievances and dispute with the bond release. [See reference S1b - Landlord email - located in Appendix 1.]

The bond is $2,200 and the landlords are claiming it all for a variety of reasons described.

This is a common scenario that agents face and has the potential to be resolved directly, resolved with conciliation or to end up going to QCAT. There is no set answer for this scenario response, and the assessor is looking for you to demonstrate your knowledge and grasp of the subjects covered overall and adherence to procedures and legislation. As with most disputes the actual way they go can vary.

i) Start off by the conciliator setting the scene in simple terms and outlining what the conciliation event is about and how it fits in the legislative framework for tenants and landlords.

ii) List the 3 items that you are going to try to reach agreement on.

Step Two

The agent presents their arguments for the 3 items simply and with any evidence that they have available from the scenario. The conciliator asks any questions to help clarify the agents materials or arguments only.

Step Three

Allow the Tenant to feed-back and present their evidence/ counter position. The conciliator asks any questions to help clarify the tenants materials or arguments only.

Step Four

Allow the conciliator an opportunity to help in resolving the differences of opinion, by asking questions and looking for any common ground.

Step Five

If you reach an agreement on the 3 issues then have the Conciliator note the agreements and include them with your answers submission.

Now answer the following additional questions

1) What types of behaviours did you try to show during the conciliation? What went well and what could have been improved on ?

2) How did the conciliator role add value to the process of reaching an agreement?

3) List three benefits of agreeing at an RTA conciliation versus going to QCAT?