Assessor Resource

CPPDSM4007A
Identify legal and ethical requirements of property management to complete agency work

Assessment tool

Version 1.0
Issue Date: April 2024


This unit of competency supports the work of licensed real estate agents and real estate representatives. It addresses the requirements for licensed real estate agents and real estate representatives to be able to identify and explain relevant legislation, roles, responsibilities and documentation.

This unit of competency specifies the outcomes required to meet the core legal and ethical requirements associated with property management. This includes awareness of the legislation dealing with the leasing and management of property, the role and responsibility of agency personnel in property management, the recording of property management transactions and the completion of property management documentation.

The unit may form part of the licensing requirements for persons engaged in real estate activities in those States and Territories where these are regulated activities.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)

Prerequisites

Nil

Employability Skills

The required outcomes described in this unit of competency contain applicable facets of employability skills. The Employability Skills Summary of the qualification in which this unit of competency is packaged, will assist in identifying employability skills requirements.



Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, the range statement and the Assessment Guidelines for this Training Package.

Overview of assessment

This unit of competency could be assessed through case studies, demonstrations and targeted written (including alternative formats where necessary) or verbal questioning relating to the legal and ethical requirements of property management. The case studies, demonstration and questioning would include collecting evidence of the candidate's knowledge and application of ethical standards and relevant federal, and state or territory legislation and regulations. This assessment may be carried out in a simulated or workplace environment.

Critical aspects for assessment and evidence required to demonstrate competency in this unit

A person who demonstrates competency in this unit must be able to provide evidence of:

ability to communicate effectively and accurately with clients

accurately completing statutory and agency residential tenancy documentation, including authority, leasing and termination documents

knowledge of ethical and conduct standards and key principles of consumer protection, equal employment opportunity and privacy in relation to the leasing and management of property

knowledge of the process of leasing and managing property

knowledge of legislation and the regulatory framework relevant to the leasing and management of property

knowledge of the role, rights and responsibilities of the agent and tenant

using and maintaining a key register.

Context of and specific resources for assessment

Resource implications for assessment include:

access to suitable simulated or real opportunities and resources to demonstrate competence

assessment instruments that may include personal planner and assessment record book

access to a registered provider of assessment services.

Where applicable, physical resources should include equipment modified for people with disabilities.

Access must be provided to appropriate learning and/or assessment support when required.

Assessment processes and techniques must be culturally appropriate, and appropriate to the language and literacy capacity of the candidate and the work being performed.

Validity and sufficiency of evidence require that:

competency will need to be demonstrated over a period of time reflecting the scope of the role and the practical requirements of the workplace

where the assessment is part of a structured learning experience the evidence collected must relate to a number of performances assessed at different points in time and separated by further learning and practice with a decision of competence only taken at the point when the assessor has complete confidence in the person's competence

all assessment that is part of a structured learning experience must include a combination of direct, indirect and supplementary evidence

where assessment is for the purpose of recognition (RCC/RPL), the evidence provided will need to be current and show that it represents competency demonstrated over a period of time

assessment can be through simulated project-based activity and must include evidence relating to each of the elements in this unit.

In all cases where practical assessment is used it will be combined with targeted questioning to assess the underpinning knowledge. Questioning will be undertaken in such a manner as is appropriate to the language and literacy levels of the candidate and any cultural issues that may affect responses to the questions, and will reflect the requirements of the competency and the work being performed.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

This section describes the essential skills and knowledge and their level, required for this unit.

Required skills:

ability to communicate with and relate to a range of people from diverse social, economic and cultural backgrounds and with varying physical and mental abilities

analytical skills to interpret documents such as legislation, regulations, leases and authority forms

computing skills to access agency and resource databases, use standard software packages, send and receive emails, access the internet and web pages, and complete and lodge standard documents online

decision making and problem solving skills to analyse situations and make decisions associated with the leasing and management of property

literacy skills to access and interpret a variety of texts, including leases; prepare general information and papers; prepare formal and informal letters, reports and applications; and complete prescribed forms

negotiation and conflict resolution skills to resolve disputes with tenants and landlords

numeracy skills to calculate and interpret data, such as deposits, bonds and fees

planning, organising and scheduling skills to undertake work-related tasks such as inspecting properties

research skills to identify and locate documents and information relating to property management

risk management strategies associated with advising clients on property management options

self-management skills to organise own work, deliver quality customer service and effectively manage competing demands

teamwork skills to work effectively in and promote communication between sales, property management and administrative teams in an agency environment.

Required knowledge and understanding:

agent fees

contract law in the real estate industry, including agent liability for breach of contract and negligence

ethical and conduct standards relevant to licensed real estate agents and real estate representatives

key principles of consumer protection, equal employment opportunity and privacy legislation

key register

process of leasing and managing property, including prospecting, obtaining listings, gaining authorities to lease and manage property, advertising, managing tenancy applications and agreements, preparing property condition reports, conducting inspections, handling terminations and vacations and maintaining property

relevant federal, and state or territory legislation and local government regulations relating to:

anti-discrimination and equal employment opportunity

consumer protection

environmental issues

OHS

privacy

property management

trade practices

risks and risk management strategies

roles and responsibilities of estate agency personnel in relation to property management

roles and responsibilities of government agencies regulating the lease and management of property

types of tenancies

trust funds and legislative controls on trust funds.

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the performance criteria is detailed below. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.

Government agencies may include:

federal agencies, such as:

Australian Competition and Consumer Commission

Federal Privacy Commission

Human Rights and Equal Opportunity Commission

state and territory agencies, such as:

business licensing

consumer protection

fair trading

small business.

Legislation may include:

relevant federal, and state or territory legislation and local government regulations relating to:

anti-discrimination and equal employment opportunity

consumer protection

environmental issues

franchises and business structure

OHS

privacy

property management.

Types of tenancies may include:

commercial lease

industrial lease

residential lease

retail lease.

Effective communication strategies may include:

active listening

being non-judgemental

exploring problems

expressing an individual perspective

providing sufficient time for questions and responses

providing summarising and reflective responses in conflict situations

using appropriate words, behaviour and posture

using clarifying and summarising questions

using clear and concise language

using culturally appropriate communication

using plain English

using verbal and non-verbal communication.

Listings may include:

acquisition of the rent roll

advertising

builders and property developers

callers to the office

promoting investment property

recommendations

service.

Authority documents may include:

exclusive leasing or managing authority

general leasing or managing authority

sole agency leasing or managing authority.

Property leasing process may include:

assigning or subletting premises

bonds

entry by the landlord or agent

guarantees

looking after the premises

property insurance

rents

repairs

running expenses.

Statutory and agency leasing documents may include:

bond claim form

bond lodgement form

bond transfer form

condition report

notice of rent increase

rent receipts

tenancy agreement

tenancy application form.

Managing leased properties may include:

landlord insurance

quiet enjoyment

rent reviews

repairs and maintenance

routine inspections

termination.

Procedures for terminating leases and vacating leased properties may include:

bonds and security deposits

ending a tenancy agreement early

notice time

process for serving notice

written notice.

Statutory and agency documents to terminate a tenancy may include:

agency documentation

'giving notice for breach of duty' form

'giving notice to the tenant' form

'giving notice to vacate' form.

Roles and responsibilities of agents in leasing and managing property may include:

advertising

agreement to let and manage the property

assignment of lease

communicating regularly with the landlord

inspections

listing

maintenance of property

preparing the tenancy agreement

processing tenancy applications

property condition report

prospecting for properties

renewal and termination of lease

reviewing the tenancy with the landlord.

Strategies for resolving disputes may include:

conciliation

mediation

negotiation

referral to court

referral to tribunal.

Key register may refer to:

access to keys

coding of keys

entry of key in register

non-return of keys

records

security and storage procedures.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Purpose of property management and relationship with asset management are identified in line with agency practice. 
Roles and responsibilities of government agencies regulating the lease and management of property are identified in relation to agency practice. 
Legislation regulating the lease and management of properties is identified in the context of agency practice. 
Types of tenancies are identified in line with legislation. 
Principles of property management are identified in the context of legislative requirements and agency practice. 
Ethical and conduct standards and key principles of consumer protection, equal employment opportunity and privacy legislation in relation to property management are identified in the context of legislative requirements and agency practice. 
Need for demonstrating effective communication strategies in establishing rapport with clients, determining client needs, providing accurate advice, addressing client concerns and dealing with conflict is identified in line with agency practice. 
Listing opportunities are identified and assessed in the context of legislative requirements and agency practice. 
Authority documents and other agency documents for property management are identified in line with legislative requirements and agency practice. 
Strategies for marketing property are identified and assessed in the context of legislative requirements and agency practice. 
Property leasing process is identified in the context of legislative requirements and agency practice. 
Statutory and agency leasing documents are identified, completed and stored in line with legislative requirements and agency practice. 
Procedures for managing leased properties are identified and assessed in line with legislative requirements and agency practice. 
Procedures for terminating leases and vacating leasedproperties are identified in line with legislative requirements and agency practice. 
Statutory and agency documents to terminate a tenancy are identified, completed and stored in line with legislative requirements and agency practice. 
Processes for receiving, recording, lodging and releasing bonds or security deposits are identified in line with legislative requirements and agency practice. 
Processes for receiving, recording, processing and disbursing trust monies are identified in line with legislative requirements and agency practice. 
Processes for preparing and forwarding financial statements to landlord are identified in the context of legislative requirements and agency practice. 
Roles and responsibilities of agents in leasing and managing property are identified in line with legislative requirements and agency practice. 
Agent commission and management fees are identified and calculated in compliance with legislative requirements and agency practice. 
Strategies for resolving disputes between landlord and tenant are identified and evaluated in line with legislative requirements and agency practice. 
Effective communication strategies for managing conflicts involving clients are identified and evaluated in line with legislative requirements and agency practice. 
Key register system is accessed and maintained in line with agency practice. 
Security of register and keys is maintained in line with agency practice. 

Forms

Assessment Cover Sheet

CPPDSM4007A - Identify legal and ethical requirements of property management to complete agency work
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Assessment Record Sheet

CPPDSM4007A - Identify legal and ethical requirements of property management to complete agency work

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Assessment task 1: [title] Result: Competent Not yet competent

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