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

analytical skills to interpret documents such as agency and statutory forms associated with leases or tenancy agreements

application of risk management strategies associated with the rights of landlords agents and tenants with regard to tenancy disputes

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

decision making and problem solving skills to analyse situations associated with tenancy disputes and make decisions in line with legislative and ethical requirements

literacy skills to access and interpret a variety of texts including legislation regulations leases and tenancy agreements prepare general information papers and formal and informal letters and complete standard and statutory forms

negotiation skills to reach agreement with landlords and tenants on tenancy disputes

numeracy skills to calculate and interpret data such as cost of damage to managed property and proportion of bond money or security deposit to be claimed by landlord to cover costs of repairs to damaged properties

planning organising and scheduling skills to perform tasks associated with resolving tenancy disputes

research skills to identify and locate documents and information relating to leases and tenancy agreements

Required knowledge and understanding

conflict resolution strategies

consumer protection legislation including

consumer protection principles relevant to leases or tenancy agreements

effect of consumer protection legislation on contracts

effects of consumer protection legislation on leases and tenancy agreements

penalties and remedies available for breaches of consumer protection legislation

protection offered to consumers under consumer protection legislation in leases or tenancy agreements

purpose

rights and obligations of estate agents landlords and tenants under consumer protection legislation in relation to leases or tenancy agreements

contracts

ethical practices associated with tenancy disputes

powers of courts and tribunals with regard to tenancy disputes including

evidence

jurisdiction

orders

procedures

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

antidiscrimination and equal employment opportunity

consumer protection fair trading and trade practices

employment and industrial relations

financial services

OHS

privacy

property management

residential tenancies

risks and risk management strategies associated with handling tenancy disputes

leases and tenancy agreements including

condition report and disclosure statements

fixed and periodic

format of agreements

key features of the different types of leases and tenancy agreements

legal obligations of agent landlord and tenant

renewal of leases and tenancy agreements

rents security deposits and bond moneys

termination of leases and tenancy agreements

tenancy disputes requiring agency and statutory documentation

ways of managing tenancy disputes and resolution procedures that require documentation procedures advantages and disadvantages include

court

direct communication

mediation

negotiation

tribunals

trust accounts

Overview of assessment

This unit of competency could be assessed through case studies and practical demonstration of using communication techniques to manage and resolve tenancy disputes 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

adapting interpersonal style and techniques to varying social and cultural environments in order to manage and resolve tenancy disputes in line with agency practice ethical standards and legislative requirements

assessing tenancy dispute situations in line with agency practice ethical standards and legislative requirements

evaluating effectiveness of agent and agency response to tenancy disputes

knowledge of agency practice ethical standards and legislative requirements in relation to tenancy disputes

knowledge of agents landlords and tenants rights and duties in relation to tenancy disputes

knowledge of consumer protection principles in relation to tenancy disputes

knowledge of tenancy dispute resolution strategies

using communication techniques to manage and resolve tenancy disputes in line with agency practice ethical standards and legislative requirements

using different strategies including negotiation mediation tribunals and courts to manage and resolve tenancy disputes 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

Tenancy disputes may include:

Legislative requirements may include:

Rights of tenants and landlords may include rights and duties in relation to:

Interpersonal communication skills may include:

Communication techniques may include:

Specialist advice may be sought from:

Tenancy dispute is negotiated may include:

Negotiation techniques may include:

Social and cultural differences may be expressed in:

Clients and colleagues may include:

Contingency measures may include:

Legal dispute resolution strategies may include:

Business equipment and technology may include:

Records and reports may include: