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Elements and Performance Criteria

  1. Establish commercial tenant's requirements.
  2. Confirm engagement of agency by commercial tenant.
  3. Source properties that meet commercial tenant's requirements.
  4. Negotiate lease of property on behalf of commercial tenant.
  5. Monitor finalisation of lease.
  6. Maintain communication with commercial tenant and owner or lessor.

Required Skills

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 authorities reports from professional service providers and contracts

application of risk management strategies associated with advising commercial tenants on selection of properties

computing skills to access agency databases send and receive emails and complete standard forms online

decision making and problem solving skills to analyse situations and make decisions consistent with legislative and ethical requirements

literacy skills to access and interpret a variety of texts including legislation regulations and rules of ethics prepare general information papers formal and informal letters reports and applications and complete standard forms

negotiation skills to reach agreement with owners and lessors or real estate agents acting on behalf of owners or lessors on the price and conditions of lease

numeracy skills to calculate and interpret data such as agency fees for the provision of services to commercial tenants

planning organising and scheduling skills to undertake workrelated tasks such as inspecting properties

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

Required knowledge and understanding

consumer protection and retail leases including

consumer protection principles relevant to retail leases

effect of consumer protection legislation on contracts

penalties and remedies available for breaches of consumer protection legislation

rights and obligations of estate agents under consumer protection legislation in relation to retail leases

contracts

ethical practices associated with leasing of commercial retail and industrial property

land use planning and zoning

negotiation skills and techniques

property inspection including

agency documentation

benefits

conducting and following up property inspections

key control

planning property inspections

promotional materials

security of properties

rent including

calculation

rent increase

retail commercial and industrial leases including

condition report and disclosure statements

dispute resolution processes

format of agreements

key features of retail commercial and industrial leases

legal obligations of agent lessor and lessee

rents security deposits and bond moneys

statutory and agency documentation

terms and conditions

types of leases including retail and commercial

trust accounts

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

antidiscrimination and equal employment opportunity

consumer protection

employment

environmental issues

financial probity

franchises and business structure

industrial relations

land use and zoning

OHS

privacy

property sales and management

trade practices

risks and risk management strategies

tenancy agents roles and responsibilities including

act in clients best interests

client authority

confidentiality

conflict of interest

fair trading

fiduciary obligations

inducements

knowledge of legislation

licensing

obtain best possible purchase price

privacy

referral of commercial tenant to service providers

rights and duties

Evidence Required

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 practical demonstration of acting as a commercial tenants agent and representing commercial tenants in arranging the leasing of properties Targeted written including alternative formats where necessary or verbal questioning to assess the candidates underpinning knowledge would provide additional supporting evidence of competence The demonstration and questioning would include collecting evidence of the candidates 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

confirming commercial tenants engagement of the agency in line with agency practice ethical standards and legislative requirements

establishing commercial tenant leasing requirements in line with agency practice ethical standards and legislative requirements

knowledge of agency practice ethical standards and legislative requirements affecting the leasing of commercial industrial and retail properties

maintaining communication with the commercial tenant and owners or lessors

monitoring settlement of the lease in line with agency practice ethical standards and legislative requirements

negotiating the lease of property on behalf of commercial tenant in line with agency practice ethical standards and legislative requirements

sourcing properties that meet commercial tenants requirements in line with agency practice ethical standards and legislative requirements

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 andor 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 persons 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 RCCRPL 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 projectbased 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


Range Statement

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.

Enquiries from prospective commercial tenants may be received through:

email

inspections

office

open houses

referral

telephone

website.

Appropriate rapport relates to use of techniques that:

establish and build confidence and trust in the agency and its representatives

make the commercial tenant feel valued

promote and maintain an effective relationship with the commercial tenant.

Commercial tenant requirements may include:

access to transport and facilities

buildings

car parking

facilities

finance

fit-out

lettable areas

location

partitions

price

properties

renewal of lease

shared facilities

space

size of property

style of property.

Appropriate interpersonal communication techniques may include:

active listening

providing an opportunity for commercial tenants, owners or lessors to clarify their understanding of the lease process

soft questioning and seeking feedback from owners, lessors or commercial tenants to confirm own understanding of their needs and expectations

summarising and paraphrasing to check understanding of owner, lessor or commercial tenant's message

using appropriate body language.

Agency services may include:

identify client requirements

monitor lease arrangements

finalise statutory documentation

negotiate lease

search and select property.

Fee structure may include:

engagement fee

standard fee for particular services

variable fee, such as percentage of lease price.

Informationon properties that meet commercial tenant's requirements may be obtained from:

advertisements

business brokers

licensed real estate agents

property developers

private listings

professional and business networks

property websites

stock and station agents.

Reliable methods may include:

checklists

cost data analysis

expert and peer review

interviews

observation

property inspection

questionnaires

reports

review of quality assurance data

search of local government records.

Relevant people may include:

architects

building consultants

clients

colleagues

consumers

government officials

industry professionals and members of industry associations

legal representatives

licensed real estate agents

planners

professional service providers

property developers

supervisors

tradespeople.

Verifiable evidence may include:

guarantees for work performed

inspection checklists, records and notes

plans and specifications

property reports

qualitative and quantitative data

lease figures

visual assessment of the physical and aesthetic aspects of the property.

Specialist advice may include:

architects

bankers and financiers

builders

government officials

industry professionals and members of industry associations

investment consultants

licensed real estate agents

planners

solicitors

subcontractors

supervisors and colleagues

technical experts

valuers.

Reports may be:

verbal

written.

Commercial tenant instructions on lease of property may include:

deposits

fixtures and fittings

price range

property characteristics

security deposits and bonds

special conditions

statutory documentation

term of lease.

Effective negotiation techniques may include:

analytical skills

listening techniques

non-verbal communication skills

personal attributes

presentation techniques

questioning techniques

speaking skills.

Effective techniques for dealing with conflict and breaking deadlocks may include:

calling in a third party

clarifying the positions of both parties

deferring the decision

preparing a compromise

restating the position

summarising the progress to date.

Effective techniques for closing lease negotiations may include:

alternate option close

assumption close

competition close

customer close

deal or concession close

direct close

indirect close

summary-of-benefits close

time-driven close.

Terms and conditions of lease may include:

default provisions

dispute resolution process

duration

equipment and services

general rules that apply to all lessees in property

goodwill

gross and nett lease

GST

insurance

options for extending period of lease

outgoings

permitted uses and access, including:

car parking

competitors

expansion or sale of business

hours of operation

licences

rights to use common areas

zoning

personal guarantees

power of attorney

rent, including:

method of calculation

rent increases

renewal, including:

option to renew

renewal period

rent

repairs and maintenance

security

security bond or deposit

tenancy mix

termination.

Agency services may include:

property development

property leases

property management.