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Elements and Performance Criteria

  1. Qualify lessees.
  2. Undertake property inspection.
  3. Negotiate terms and conditions of lease.
  4. Arrange lease agreement.
  5. Formalise lease arrangements.
  6. Review leasing arrangements.

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 agency and statutory forms associated with the lease of industrial commercial and retail property

application of risk management strategies associated with leasing industrial commercial and retail property

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 leasing industrial commercial and retail property and make decisions consistent with legislative and ethical requirements

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

negotiation skills to reach agreement with lessors and lessees on lease conditions

numeracy skills to calculate and interpret data such as rents and security deposits

planning organising and scheduling skills to finalise lease documentation

research skills to identify and locate documents and information relating to leasing of industrial commercial and retail properties

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 industrial commercial and retail property

negotiation skills and techniques

property inspections including

agency documentation

benefits

conducting and following up property inspections

key control

planning property inspections

promotional materials

security of properties

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

environmental issues

financial services

franchises and business structure

leases

OHS

privacy

zoning

rent including

calculation

rent increase

qualifying lessees including

capacity to pay

financial limits

marketing aids

matching suitable properties to lessee needs

motives

needs and preferences

strategies for assisting potential lessee to view property

leases including

condition report and disclosure statements

dispute resolution processes

format of agreements

key features and types of industrial commercial and retail leases

legal obligations of agent lessor and lessee

rents security deposits and bond moneys

statutory and agency documentation

terms and conditions

risks and risk management strategies

trust accounts

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 arranging and completing the lease of industrial commercial and retail property 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

completing lease arrangements including relevant agency and statutory documentation in line with agency practice ethical standards and legislative requirements

conducting inspections for prospective lessees in line with agency practice ethical standards and legislative requirements

knowledge of agency practice ethical standards and legislative requirements associated with the lease of industrial commercial and retail property

knowledge of consumer protection principles and the rights and obligations of licensed real estate agents and real estate representatives in regard to retail leases

monitoring lease arrangements against lease agreement requirements and safely and securely maintaining all relevant documentation

negotiating terms and conditions of industrial commercial and retail leases in line with agency practice ethical standards and legislative requirements

qualifying lessees in line with agency practice ethical standards and legislative requirements

recording lease arrangements in line with agency practices

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 potential lessees may be received through:

advertising

email

inspections

office

referral

telephone

website.

Lease may include:

business

commercial

industrial

retail.

Property may include:

commercial properties

industrial properties

retail properties

specialist business properties, such as marinas, hotels, open space, resorts and caravan parks.

Appropriate rapport relates to use of techniques that:

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

make the lessee or lessor feel valued

promote and maintain an effective relationship with the prospective lessee or lessor.

Legislative requirements may include:

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

anti-discrimination and equal employment opportunity

consumer protection

employment

environmental issues

franchises and business structure

industrial relations

leases

OHS

privacy

trade practices

zoning.

Promotional materials may include:

agency email and website details

agent business card

agent and agency profile

brochures

description of property

list properties for lease

pamphlets

testimonials from past clients

website.

Effective interpersonal communication techniques may include:

active listening

providing an opportunity for the client to clarify their understanding of the sales process

soft questioning and seeking feedback from the client to confirm own understanding of their needs and expectations

summarising and paraphrasing to check understanding of client message

using appropriate body language.

Effective questioning techniques may include:

active listening

clear questions

different question types

reflection

using silences.

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 or 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 of lease or tenancy agreement, including:

exercise of option to renew

option to renew

renewal period

rent

repairs and maintenance

security

security bond or deposit

tenancy mix

termination of lease or tenancy agreement.

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.

Lease agreements may include:

acceptance and consideration

agreement to lease

heads of agreement

letters of intent

negotiations containing offers

relative lessee or lessor obligations.

Business equipment and technology may include:

computers and data storage devices

email

facsimile machines

internet, extranet and intranet

photocopiers

printers

scanners

software applications.