Condition Reports record the general state of repair and condition of
the rental premises at the beginning and end of the tenancy. If an
issue arises about damage or disrepair to the premises, the Condition
Reports are used as evidence by the Tribunal or Court to determine who
is liable.
A template of the Condition Report can be found on the Department of Fair Trading NSW website by searching for “Tenancy Condition Report”. Instructions on how to complete the form are included in the document.
The landlord/agent must give you 2 copies when you move in. Complete and return the report within 7 days of moving in. Return 1 copy to the Landlord/agent and keep the other.
If the landlord/agent does not give you a condition report, write a detailed report on the condition of the premises yourself, include photos and have a witness sign and date it.
On occasion I am approached by perplexed Employers who mount a convincing case that, despite their best efforts at determining whether a particular Employee has abandoned their employment or not, for all intents and purposes it appears that the Employee has no intention of returning to their previous position. So is it enough that a position can be advertised even though an Employee has not responded to emails, phone calls, faxes (yes, some businesses still use them, believe it or not!), letters, etc, for over a month? Whilst there are some modern awards that do contain provisions dealing with the abandonment of employment, what about the rest of us? What are we supposed to rely upon?
Although you may find it somewhat surprising, an Employer cannot infer abandonment until and unless it becomes clear that the Employee has clearly expressed their intention that they no longer intend to be employed. Seems overly onerous at first blush, doesn’t it? The Caselaw on the matter indicates that it is unacceptable for an Employer to conclude that an Employee has abandoned their employment by failing to attend work or failing to respond to correspondence requiring the production of further evidence. This is especially so where there is some behaviour that indicates that the Employee does not intend to terminate their Employment Contract.
There is however guidance available to Employers who are looking at establishing whether a case for or against abandonment is likely. These include the Employer undertaking their best efforts to contact the Employee via phone, Facebook, email, etc, and discussing the matter; establishing formal contact by registered mail; verifying with external organisations such as Workers Compensation personnel, Doctors, etc, that the Employee has not notified them of their absence; and being conscious of the Employee’s personal circumstances. For instance, whether there has been a death in the Employee’s immediate family requiring unexpected travel overseas where contact is limited, mental health issues, etc. To discuss further, please do not hesitate contacting Zena Dabboussy-Bardouh, Principal of ZDB Legal Services, on (02) 9758 8133 or zena@zdblegal.com.au. After all, the last thing you want and need is having to deal with an Unfair Dismissal Claim!
Just when we thought we were about to settle into a new regime of fencing pool requirements in NSW, further changes have been recently made. These changes will come into effect shortly from 29 April 2016.
For everyone out there looking to sell or lease their property, you will be required to attach either a Certificate of Compliance or non-Compliance (in the latter case, attaching what needs to be fixed) to the Contract for the Sale of Land or Residential Tenancy Agreement, respectively.
What we will now have in place is a system whereby responsibility for making non-compliant pools compliant will shift from the Vendor to the Purchaser. In such instances, the Purchaser will have 90 days in which to rectify non-compliant pools barriers. To discuss the requirements further, please do not hesitate calling me on (02) 9758 8133, and I will put you in contact with a reputable Pool Inspector who will further outline your options.
Owing to the fact that there is no set fee for Conveyancing, the fees that a Solicitor or Conveyancer will charge a Vendor or Purchaser will vary from one practice to another. Much will depend upon the level of service that will be provided by the Solicitor or Conveyancer.
In addition to the legal fee, a Vendor or Purchaser will be charged additional costs that will be incurred by the Solicitor or Conveyancer. These are called Disbursements, and can include Title and ASIC Searches; Certificates Fees for Council, Water and Body Corporate Levies; registering the Mortgage, photocopying and postage, etc. Solicitors and Conveyancers are required to disclose their costs to clients up front, including a client’s right to receive bills, costs should there variations to the Retainer, etc. To discuss these matters further, please call Zena Dabboussy-Bardouh on (02) 9758 8133.