Elements and Performance Criteria

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.

EVIDENCE GUIDE
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.