Frequently Asked Questions

Do you have a question?

The information below is only a brief summary of the most frequently asked questions and acts only as a general guideline. We would love the opportunity to chat to you personally about any queries you may have about the management of your investment property.

Please feel free to contact us on 02 9981 9400 or send us an email, if you have any further questions.

How will you maximise the rent on my property?

Screening: We employ specialist leasing consultants to screen all our potential tenants: we check their rental history, references and their credit history to ensure that only quality tenants move into your investment property. Under no circumstances do we sacrifice the quality of the tenant purely for the sake of leasing the property.

Tenancy Database: We subscribe to TICA, which is a national database of both defaulting and excellent tenants and is widely supported by the industry.

Low vacancy rates: We are also very proud of our very low vacancy rate (less than 1%), which is a testament to our tenant screening processes and ensures a continual rental income from your investment. The majority of our tenants also love their rental properties, so it is easy for us to negotiate longer leases, giving you even greater continuity in your returns. We also avoid terminating leases in the slower autumn and winter months (as well as over the Christmas holidays), when it can take longer to fill the vacancy.

How will you market my rental property?

Your property is marketed professionally to ensure that the best tenants are attracted to your property. The following methods have proven successful for us:

Website: We have our own website on which we place all our rental properties, which is also linked to www.realestate.com.au and www.domain.com.au, the largest and most visited real estate sites in Australia.

Property alerts: Prospective tenants can sign up to receive regular alerts of new rental properties that come onto the market, as well as inspection times.

Signboards: Our attractive signboards always guarantee a lot of enquiries and wherever possible, we use a signboard on properties that are also due to be vacated.

Open houses and private appointments: Each Wednesday and Saturday we conduct 'Open Houses' for properties available for rent. We also encourage private appointments, so that we are able to qualify new prospective tenants quickly.

Professional photography: Currently, 97% of our tenant enquiries originate from our websites with the majority only viewing the property's photographs. It makes sense therefore, to use a professional photographer as this will maximise viewer engagement and ensure a minimum vacancy rate for your property.

Walk-through video tours: Our walk-through video tours allow prospective tenants to view your rental property from the comfort of their own home or even in the car!

How will you present my property for rent?

There is no doubt that well-presented properties achieve top rents and the best quality tenants, resulting in higher returns and shorter vacancy periods. For our quality properties we ensure that the property is clean, tidy and well maintained and for our luxury rental properties, we can arrange for a stylist to ready the property for viewing.

How will I receive my rent?

Our landlords receive a detailed monthly statement at the end of each month showing all rental incomes and disbursements. Mid-month payments can be arranged on request. Statements can be sent by post or email and funds are electronically transferred to your nominated account prior to the end of each month.

What inspections do you perform?

Three types of inspections are carried out to minimise any problems that may arise during the tenancy of your property. These inspections are recorded electronically through the latest video and inspection software.

Residential Premises Condition Report: This is completed prior to the commencement of the tenancy and is a legal requirement. This inspection is outlined in Part 2 of the Tenancy Agreement and is relied upon for the refund of residential bonds.

The tenant is given a copy of the inspection report and digital photos are also used in conjunction with the report for future reference. We also provide a detailed video inspection to both the tenant and landlord.

Routine inspections: A maximum of four routine inspections can be carried out per year and tenants must be given 7 days' notice in writing before the inspection is performed. The purpose of these inspections is to ensure that the tenant is keeping the property clean and tidy and to undertake an analysis of the current rent that is being paid, reporting back to the landlord on any repairs or maintenance that may also be required.

We undertake routine inspections three months after a new tenant has moved in, then every six months thereafter.

Final or bond inspection: This is carried out once the tenant has vacated the property. The Residential Premises Condition Report is taken to the property and the current condition of the property is compared to this original report. Allowances are made for reasonable wear and tear, but if the tenant has damaged the property (for example, there is red wine stain on the carpet), they can be asked to pay compensation, taking into consideration depreciation and the size of the stain.

However, if the tenant disputes this amount, we can claim this compensation from the tenant's bond. If the tenant again disputes the claim, we will meet the tenant at the National New South Wales Civil and Administrative Tribunal (NCAT) to have the matter heard and decided upon before a Tribunal member.

How much is the rental bond?

Under the new Act, the maximum amount that can be requested as a rental bond is 4 weeks rent, regardless of whether or not the premises are furnished. Tenants cannot be asked to 'top up' a bond, if the rent goes up during the tenancy.

What is a tenancy Agreement?

The law requires that there must be a written Tenancy Agreement between all landlords and tenants. The Agreement must be provided by the landlord or the landlord's agent (Doyle Spillane).

The standard terms of the Agreement apply to all landlords and tenants and cannot be altered or deleted. Examples of additional terms that can be added to the Agreement, but which are not binding or enforceable include:

Professional carpet cleaning (unless there has been a pet at the property)

Obligation to take out contents insurance

Rent rebates or reductions for NOT breaching the Agreement

Tenant to use a specified person or business to carry out the tenant's obligations for example, requiring the tenant to use a particular cleaner or gardener.

What happens when the fixed term of the tenancy agreement expires?

There is a common misconception regarding the expiration of a fixed term tenancy Agreement that the tenant can vacate without notice or the landlord can gain possession on that date. For a tenancy to be legally ended, the tenancy is to be terminated in accordance with tenancy legislation.

In order for a tenancy to be terminated by either party, the following needs to occur:

• The agent/landlord gives the tenant notice
• The tenant gives the agent notice
• The property is abandoned
• The Tribunal orders vacant possession

The tenancy legislation clearly details the notice required by either party to end the tenancy depending on the reason, such as the end of a fixed term or periodic Agreement, the property is sold or the landlord is moving into the property.

If you require vacant possession, it is important that you discuss this with us, rather than assuming that as the Agreement has expired or is about to expire, you can take immediate possession of the property. Proper notice is to be served upon the tenant to ensure that you can legally gain possession of the property without undue delay.

How does Doyle Spillane collect the rent?

• Direct Debit via the tenant's financial institution
• CREDIT CARD – via DEFT Online and DEFT Phonepay

Both the phone and internet payment options allow the tenant to schedule recurring weekly, fortnightly, monthly or quarterly rental payments in advance. This means that they can 'set and forget' their rental payments and using this method, 98% of our tenants rents are paid on time.

What happens if the tenant does not pay their rent on time?

Legally we are unable to take steps to evict a tenant for non-payment of rent until they are 14 days in arrears. We have a very firm procedure for overdue rent however, as follows:

• 1 DAY in arrears, we send an SMS to the tenant
• 3 DAYS in arrears, we phone or e-mail the tenant
• 7 DAYS arrears, we send a formal letter to the tenant
• 11 DAYS arrears, we email, phone or visit the property
• 15 DAYS in arrears, we issue a Termination Notice.

If the tenant does not comply with the Termination Notice, we apply to the National New South Wales Civil and Administrative Tribunal (NCAT) to have the matter heard and enforced.

Who handles the repairs and maintenance of my property?

Your Agreement with us will allow us to spend on your behalf, an amount for repairs and maintenance of your property.

• Our repair policy is to contact you prior to arranging any repairs.
• Major repairs are discussed with you at all times and quotes are obtained to ensure the correct work is being carried out, by the best tradesperson, at the best fee.
• Urgent repairs, as outlined in the Residential Tenancy Agreement, such as burst sewers or hot water services, must be acted upon regardless of whether we have been able to reach you in a timely manner.
• You may view our list of qualified trades people we use or you may nominate your own tradesperson if you have a friend, family member or a regular tradesperson that you prefer to handle these repairs.

How is the lease renewed with an existing tenant?

The Residential Tenancy Agreement has a continuation clause, which allows a tenant to continue on under the same terms and conditions, as they exist at the expiry of the fixed term (continuing basis), unless they receive correspondence stating otherwise, for example a notification of a rent increase or notice to vacate.

In most cases we will advise you of the impending expiry of the Tenancy Agreement and seek instructions whether a further term is to be offered to the tenants and under what terms.

What notice is required when a tenant is vacating?

• When the fixed term period of the Agreement is due to run out, a landlord or their agent (Doyle Spillane) is required to give the tenant 30 days' notice to end the tenancy and a tenant is required to give 14 days' notice.
• This notice can be served up to and including the last day of the fixed term.
• Once the fixed term period has ended, a tenant is required to give at least 21 days' notice and the landlord must give at least 90 days' notice (the new laws also allow a tenant to leave at any time after receiving notice from the landlord without having to give their own notice).
• In addition, the tenant is only liable to pay rent until they return vacant possession to the landlord and by that we mean they have moved out and returned the keys.

What happens if the tenant breaks a fixed term lease?

If a tenant wants to end their tenancy Agreement early, they should give as much notice as possible, preferably in writing with the date they intend to leave and asking for the landlord (or agent) to help find a new tenant.

If the Lease was signed prior to 23rd March, 2020 the following fees would apply:

A landlord can claim compensation for any loss they suffer as a result of a tenant ending the agreement early. Some of the costs a tenant could be liable for include:

• Rent until new tenants move in or the existing agreement runs out (whichever happens first).
• A re-letting fee (usually 1 week's rent) when the property is let by an agent who charges the landlord a fee for finding new tenants.
• Advertising costs.

If the Lease was signed after 23rd March, 2020 the following fees would apply:

Mandatory break fees may apply which is payable based on the stage of the agreement.

A break fee is a penalty a tenant agrees to pay if they move out before the end of the fixed term.

If the mandatory break fee applies, the set fee payable is:

four weeks rent if less than 25 per cent of the agreement has expired

three weeks rent if 25 per cent or more but less than 50 per cent of the agreement has expired

two weeks rent if 50 per cent of more but less than 75 per cent of the agreement has expired

one weeks rent if 75 per cent or more of the agreement has expired.

What happens if the tenancy Agreement is breached?

A notice of termination may be given at any time if either party seriously or persistently breaches a term of the Agreement or if the tenant is more than 14 days in arrears of rent. In these cases, at least 14 days' notice must be given in writing.

What are the strata by-laws?

By-laws are made to facilitate the smooth and dispute-free running of a strata scheme. They generally cover the use of common property and the behaviour of residents, but can also manage many other aspects of the scheme.

By-laws usually pertain to:

• Behaviour of residents – such as noise, hanging of washing, offensive behaviour and guests
• Parking restrictions and use of allocated areas
• Keeping of animals on the property
• Use of facilities and common property
• Garbage disposal
• Floor coverings

Do I need landlord insurance?

Landlord insurance policies provide peace of mind that your rental income and investment property is protected against the following risks:

• Loss of rent
• Accidental loss or damage
• Malicious loss or damage
• Legal liabilities under a tax audit

We strongly recommend that all our landlords take out the necessary cover on properties managed by Doyle Spillane Real Estate.

What about other costs incurred at my rental property?

Some owners prefer Doyle Spillane to handle these outgoings, such as council rates, water rates, strata levies and landlord insurance on their behalf. All authorised property outgoings will be paid prior to the due date (subject to the availability of funds).

From time to time there may be an invoice that exceeds the available funds and, in that instance, the invoice will be forwarded to you for payment to avoid interest being charged on any overdue amount.

With routine maintenance and repairs, those invoices will generally be finalised in the month that they are performed.

When will I receive my financial statements?

At the end of each financial year our landlords receive an Income & Expenditure Report for the past financial year, which will be attached to your June statement.

What happens if I want to sell or move into my rental property?

• A tenancy can be terminated by the landlord, but you must give the tenant a termination notice in writing, stating the address of the premises, which is signed and dated. You must also give the actual date on which the tenant is to move out and provide reasons for ending the agreement.
• Under the new laws, termination notices and any notice for that matter, which are issued by either a landlord, agent or a tenant, can be hand delivered to the mail box of the other party.
• If the notice is sent by post, at least four working days (not including the day the notice was sent) should be added to the amount of notice to allow time for the notice to be delivered. Working days excludes Saturdays, Sundays, public holidays and bank holidays.
• The notice period is counted from the day after the notice is served.
• A continuing Agreement may be ended by a landlord without stating a reason (in which case at least 90 days' notice must be given).
• If the premises are sold and vacant possession is required in the contract of sale, the landlord must give the tenant at least 30 days written notice (after the contracts of sale have been exchanged). This is only applicable to continuing tenancy Agreements.

For information on listing your property with Doyle Spillane on the Northern Beaches of Sydney, contact us on 02 9981 9400 or send us an email.