(a) Prepare and present one case for a simulated conciliation session.

(b) The case does not settle at conciliation and it goes on to a hearing.

The scenario

You have a management agency agreement with Mr Landlord of 45 Jackson St, Johnstoneville. The landlord lives next door to the tenant. Mr Johnstone is not an exemplary tenant. He is often late with his rent, finds it difficult to keep the premises in a clean and tidy state and can be abusive when drunk, which according to his landlord, is regularly.	Document 1 Managing Agency Agreement
You are a registered property manager.	Document 2 Proof of current registration with regulatory body
Mr Johnstone is a tenant at 43 Jackson St, Johnstoneville. He has lived there for nine months, having had a six-month fixed lease and is now on a periodic lease.	Document 3 Lease agreement
When the lease was first signed the agency conducted an inspection and again at routine intervals. There is photographic and written evidence of the state of the property.	Document 4 Condition reports showing state of the property.
Mr Johnstone, the tenant, is regularly late with his rent.	Document 5 Ledger card
You have a pattern of calling the tenant and talking to him as soon as his rent falls into arrears. You always ask him to pay the rent immediately and he usually catches up within a week or so. Sometimes you have to offer a payment plan and ask him to make a deposit of some rent in good faith and he usually finally catches up. You don't really know if he understands all of the discussions because sometimes he seems confused, incoherent and angry when you try to talk to him.	Document 6 Record of communication and of agreed payment plans
Your agency policies and procedures note on the 15th day of rental arrears the agency is to apply to the tribunal.	Document 7 Agency policies and procedures
You have already applied to the tribunal twice in three months about unpaid rent. The tenant always pays up before the tribubal hearing and so the matter is withdrawn.	Document 8 Chronological list of previous applications to the tribunal
You talk to the landlord and he is pretty fed up. The garbage hasn't been put out for weeks, there are three dead cars in the backyard with grass growing up between them and the place looks unkept. He sends you some photographs and you take a drive past that afternoon.	Document 9 Current photographs of the property
Mr Landlord has been laid off from his travel agency job because of COVID.	Document 10 Letter of termination of the landlord's job
Mr Landlord knows that he will soon find it difficult to pay the mortgages on both of his houses if the tenant does not resume paying the rent. He realises he needs to be able to rely on regular, consistent payments.	Document 11 Schedules of landlord's mortgage payments
He decides to sell the tenanted property to build up his cash reserves. He needs to clean up the property to get the best return at sale and so he directs you to issue a notice to vacate because of breach of lease, on the grounds of repeated failure to make regular rental payments and failure to keep the property in a fit and clean state.	Document 12 Instruction from landlord to issue notice to vacate
You to issue the notice to vacate, on 1 May 2021. On this standard form it notes that a tenant may be entitled to apply to South Australian Civil and Administrative Tribunal to challenge the vacate notice.	Document 13 Notice to vacate issued to tenant
You contact the tenant a few days after the notice to vacate and he advises you that he will not be moving out. He says he has some health issues and the best thing is for him to stay in the property until he can resolve these. You raise the issue of his unpaid rent and he responds by saying 'Why would I bother to pay this when I'm being kicked out? Anyway, I have health issues so I'm staying.' He further says that his doctor will support his need for stability of accommodation.	Document 14 A record of this conversation into the ongoing log of communications
You discuss the matter with the Senior Property Manager. He refers you to the agency's policy on hearings. He asks you to get quotes to clean up the place.	Document 15 Pavilion Agency Hearings Policy (Refer Appendix 1) Documents 16-18 Quotes for rubbish removal, lawn moving and gardening.
You write a brief report as per your policies and procedures to the Senior Property Manager. Note that this report should summarise the case and what you want as the outcome i.e. the desired remedies. You should refer to the any relevant legislation. You will be able to use provide this as summary statement for the conciliator.	Document 16 Brief report to the Senior Property Manager, which will also be used as a case statement at the conciliation conference.
The senior property manager reviews the case and then advises you to complete an application to the tribunal for an eviction order. As per your policies and procedures you send this to the Senior Property Manager along with all of the required documentation which you will upload with the online application.	Document 17 Copy of the application to the tribunal Document 18 List of evidence uploaded to the tribunal.

Answer rating: 100% (QA)

Document 16 Brief Report to Senior Property Manager Summary of Case The case concerns the tenancy of Mr Johnstone at 43 Jackson St Johnstoneville As per the managing agency agreement our agency has be... View the full answer