Many members have experienced frustrating delays in obtaining a Resident Letting Agent licence under the Property Agents & Motor Dealers Act 2000. 

ARAMA has raised this problem (among other issues) with the Fair Trading Commissioner, Mr Matt Miller and had discussions with Mr Gary Ernst, Executive Manager - Business Services Division. 

We have obtained an understanding from Office of Fair Trading (OFT) of how applications are processed and have developed a procedure in conjunction with OFT for making applications that can be processed in a timely manner. 

On some occasions, the guidelines may not be achieved for a number of reasons.  However, we now have a process for having a licence issued by settlement time if the following steps are taken.  Note that the most time consuming aspect of the process for OFT is the police search.  The other steps just require acceptance and validation of documents that you provide.  Hence we must provide time for the police checks in the format indicated below. 

The process commences with a correctly completed application form and the required fee being submitted to the Brisbane Office of Fair Trading approximately 8 weeks before settlement.  There is no benefit in lodging the application any earlier.  Make sure that the application form and fee are sent to GPO Box 3111, Brisbane and NOT to a regional office. 

The application must be accompanied with correct proof of identification (certified copies) for all persons involved (including their former names) and all relevant fees.  In order to avoid unnecessary correspondence and associated delays, a letter from the applicant must be enclosed stating the proposed date of settlement and indicating that: 

• The training course is being undertaken and a Certificate of Completion will be forwarded to the Brisbane Office of Fair Trading immediately it becomes available; and
• Body corporate approval will be forwarded as soon as it is available.  Ideally, this approval should be in the form of a copy of the original Letting Authorisation or Deed of Assignment.

If the Certificate of Completion of the training course is available at the time the application is made, include it with the application. 

A Form 18 - Notice of Intention to Open a Trust Account should also be submitted at this time even though a licence number has not been issued.  This form will remain with the application until it is processed and a licence number issued.  At that point, it will be forwarded to the Trust Account area within OFT to issue an acknowledgement letter authorising the opening of a trust account. 

OFT will record and process the application, including the conduct of criminal history checks and associated suitability checks.  It will then hold the application in abeyance until the Certificate of Completion and the body corporate approval are received.  Provided these are submitted two weeks before settlement and all other matters have been dealt with, including the registration or transfer of any associated business names, OFT will then be in a position to issue the licence and forward the trust account acknowledgement letter prior to settlement.  

The relevant application forms and associated fees can be found and downloaded from the OFT website at http://www.fairtrading.qld.gov.au. 

Note that the above procedure only applies to NEW applications.  A licence is deemed to continue in force for renewal applications IF the fee is paid and audit for the previous period is  submitted by the required date. 

ARAMA thanks Office of Fair Trading for providing these guidelines for expediting licence applications for Resident letting agents.  Hopefully new resident managers can obtain a licence and open a trust account at or close to settlement date, with a reduction in the extra work involved when correct processes are not in place. 

26 April 2005