CPPDSM4046A
Manage tenancy disputes

This unit of competency specifies the outcomes required to use communication techniques to manage and resolve tenancy disputes. It requires the ability to assess tenancy dispute situations, accurately receive and relay information, adapt interpersonal styles and techniques to varying social and cultural environments, and evaluate responses to tenancy disputes.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.

Application

This unit of competency supports the work of licensed real estate agents and real estate representatives to use communication techniques to manage and resolve tenancy disputes.


Prerequisites

Nil


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1Assess tenancy dispute.

1.1 Tenancy dispute is identified and responses are evaluated in line with agency practice and legislative requirements.

1.2 Causes of tenancy dispute are accurately recognised and appropriate responses are identified to prevent escalation in line with agency procedures.

1.3 Rights of tenants and landlords in regard to dispute are identified in line with legislative requirements, ethical standards and agency practice.

1.4 Effective interpersonal communication skills are used to elicit and interpret verbal and non-verbal information from landlords and tenants.

1.5 Effective communication techniques are used to ensure an accurate exchange of information with landlords and or tenants.

1.6 Situations requiring specialist advice are identified and assistance is sought as required in line with agency practice.

2Resolve tenancy disputes.

2.1 Tenancy dispute is negotiated and resolved constructively in line with agency procedures.

2.2 Negotiation techniques are used to maintain positive interaction, and divert and minimise aggressive behaviour.

2.3 Communication with others is conducted in a courteous manner that reflects sensitivity to individual, social and cultural differences in line with agency practice.

2.4 Contradictions, ambiguity, uncertainty or misunderstandings are identified and clarified in line with agency practice.

2.5 Factors that might affect the safety or security of clients and colleagues are identified and appropriate responses or contingency measures are formulated and implemented.

2.6 Legal dispute resolution strategies are assessed and implemented if dispute is unable to be resolved.

3Evaluate response to tenancy dispute.

3.1 Effectiveness of response to tenancy dispute is evaluated and reviewed in line with legislative requirements and agency practice.

3.2 Response evaluation findings are organised in a format suitable for analysis in line with organisational requirements.

3.3 Incident observations are provided in an accurate, concise and constructive manner when reviewing and debriefing situations.

3.4 Business equipment and technology are used to prepare records and reports in line with applicable OHS, legislative and agency requirements.

3.5 Information is securely maintained with due regard to confidentiality, legislative requirements and agency practice.

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

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:

anti-discrimination 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.

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 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 candidate's underpinning knowledge would provide additional supporting evidence of competence. The 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:

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 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.


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.

Tenancy disputes may include:

accidents resulting in injury

cleanliness of property

discrimination

faulty appliances, fixtures and fittings

damage or destruction of property

health and safety

loss of landlord's or tenant's goods

non-performance of terms of lease or tenancy agreement

property repairs and maintenance

provision of property services

rent arrears

rent increases and reviews

security deposits or bonds

situations affecting the security of self, others or property

tenant abandoning the premises

tenant leaving the landlord to pay bills that the tenant should have paid

termination of lease or tenancy agreement

trust funds.

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, fair trading and trade practices

employment and industrial relations

financial services

OHS

privacy

property management

residential tenancies.

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

anti-discrimination law

business or commercial law

common law

consumer law

contract law

privacy law

property law.

Interpersonal communication skills may include:

active listening

providing an opportunity for landlords or tenants to clarify their understanding of the sales process

soft questioning and seeking feedback from landlords or tenants to confirm own understanding of their needs and expectations

summarising and paraphrasing to check understanding of landlord or tenant message

using appropriate body language.

Communication techniques may include:

active listening

clear, concise and legible writing

giving landlord or tenant full attention

maintaining eye contact

non-verbal communication, such as body language and personal presentation

speaking clearly and concisely

using appropriate language and tone of voice

using open and closed questions.

Specialist advice may be sought from:

agency principal

clients

colleagues

counsellors

emergency personnel

health and safety personnel

industry professionals and members of industry associations

legal representatives.

Tenancy dispute is negotiated may include:

direct communication with tenant or landlord

negotiation

mediation.

Negotiation techniques may include:

using strategic questioning and listening to gather information and direct the focus of people involved

using positive, confident and cooperative language

controlling tone of voice and body language

using language and concepts appropriate to the people involved

using clear presentation of options and consequences

demonstrating flexibility and willingness to negotiate

using summarising of positions and agreements to move understanding.

Social and cultural differences may be expressed in:

beliefs, values and practices

conventions of gender and sexuality

cultural stereotypes

diet

dress

food

religious and spiritual observances

social conventions

traditional practices and observations

verbal and non-verbal language.

Clients and colleagues may include:

agency staff

building supervisors

company management

funds providers

government and legal instruments or agencies

institutions

insurers

landlords

licensed estate agents

owner-occupiers

property owners

real estate representatives

tenants.

Contingency measures may include:

counselling

cultural support

defusing strategies

first aid

intervention

mediation

selecting alternative actions that may require use of legal processes

separation and isolation

special watch

specialists and experts.

Legal dispute resolution strategies may include:

courts

tribunals.

Business equipment and technology may include:

computers

data storage devices

email

facsimile machines

internet, extranet and intranet

photocopiers

printers

scanners

software applications such as databases, word applications.

Records and reports may include:

electronic or paper-based information

incident reports

logs and journals

organisational forms

radio and telephone records

records of conversation

running sheets

task allocation sheets.


Sectors

Unit sector

Property development, sales and management


Competency Field

Real estate


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.


Licensing Information

Refer to Unit Descriptor