Application For Tenancy - AUVICREPM012

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BLACK = Old Item/Clause  | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

 

30 May 2019 v1.8

Additions / Changes:

 

Clause 1

Definitions

In this Application for Tenancy the following terms mean:

(1)

Data Collection Agency: means an agency or organisation that collects real estate data to provide information to the real estate, finance and property valuation industries to enable data analysis.

(2)

Personal Information: means personal information as defined in the Privacy Act 1988 (CTH).

 

Clause 4

4.1

The Landlord’s Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988 (CTH)) and where required maintain a Privacy Policy.

4.2

The Privacy Policy outlines how the Landlord’s Agent collects and uses Personal Information provided by you as the Applicant/s, or obtained by other means, to assess your application for a residential tenancy and provide the services required by you or on your behalf.

4.3

You as the Applicant/s agree, to further assess your Application, the Landlord’s Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such information to:

(1)

the Landlord as Owner of the Premises to which this Application for Tenancy applies, insofar as such information is relevant to the managing and/or leasing of the Premises; and/or

(2)

(subject to the provisions of Part 10A of the Residential Tenancies Act 1997) residential tenancy databases for the purpose of confirming details in your tenancy application and enabling a proper assessment of the risk in providing you with the lease; and/or

(3)

tradespeople and similar contractors engaged by the Landlord/Landlord’s Agent in order to facilitate the carrying out of works with respect to the Premises; and/or

(4)

previous managing agents or landlords and nominated referees to confirm information provided by you; and/or

(5)

the Landlord’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Landlord’s Agent relating to the administration of the Premises and use of the Landlord’s Agent’s services; and/or

(6)

the a utility connection provider, where you request the Landlord’s Agent to facilitate have opted for such a service in Item (4), for the purpose of enabling the connection and/or disconnection of your utility services; and/or

(7)

Owners Corporations.

4.4

Documents or copies of documents provided to establish the identity of the Applicant/s or persons entitled to deal on behalf of the Applicant/s, will be retained by the Landlord’s Agent in accordance with the Australian Privacy Principles and will not be used for any purpose other than confirming the identity of such person/s.

4.5

Without provision of certain information the Landlord’s Agent may not be able to act effectively or at all on the Landlord’s behalf as a result of which your Application may not be acceptable to the Landlord.

4.6

The Applicant/s have the right to access such Personal Information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

4.7

If this Application is not accepted by the Landlord/Landlord’s Agent or is withdrawn by the Applicant/s, all information contained in this Application and the copy of any tenancy agreement remains confidential. This does not prevent any party making a disclosure required by law and does not include information normally in the public domain.

4.8

The Landlord’s Agent will provide (where applicable), on request, a copy of its Privacy Policy.

 

Clause 5

Data Collection

Upon signing this Application the parties agree the Landlord’s Agent, and the form completion service provider providing this form, may without disclosing Personal Information collect, use and disclose to Data Collection Agencies information contained in this Application and any subsequent tenancy agreement.

 

11 Jun 2015 v1.7

Copyright statement updated.

 

12 Mar 2014 v1.6

Additions / Changes:

 

Item 2

LANDLORD/LANDLORD’S AGENT

 

Clause 3

Privacy Statement

3.1

The Landlord’s Agent collects and uses personal information provided by you as the Applicant to assess your application for a residential tenancy and provide services required by you or on your behalf during the tenancy.

The Landlord’s Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988) and where required maintain a Privacy Policy.

3.2

The Privacy Policy outlines how the Landlord’s Agent collects and uses personal information provided by you as the Applicant/s, or obtained by other means, to assess your application for a residential tenancy and provide the services required by you or on your behalf.

3.3

You as the Applicant/s agree, to further assess your Application, the Landlord’s Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, information from and use and disclose such personal information to:

(1)

the Landlord as Owner of the Premises to which this Application for Tenancy applies; &/or

(2)

(subject to the provisions of Part 10A of the Residential Tenancies Act 1997) residential tenancy databases for the purpose of confirming details in your Application and enabling a proper assessment of the risk in providing you with the Lease; &/or

(3)

tradespeople and similar contractors engaged by the Landlord Owner/Landlord’s Agent in order to facilitate the carrying out of works with respect to the Premises; &/or

(4)

previous managing agents and nominated Referees to confirm information provided by you; &/or

(5)

the Landlord’s Owner’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Landlord’s Agent relating to the  administration of the Premises and use of the Landlord’s Agent’s services; &/or

(6)

the utility connection provider, where you have opted for such a service in Item (4), for the purpose of enabling the connection and/or disconnection of your utility services; &/or

(7)

Owners Corporations

3.4

Without provision of certain information the Landlord’s Agent may not be able to act effectively or at all on the Landlord’s Owner’s behalf as a result of which your Application may not contain sufficient information to be acceptable to the Landlord Owner.

3.5

The Applicant/s have the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

3.6

The Landlord’s Agent will provide (where applicable), on request, a copy of its Privacy Policy.

 

22 Mar 2012 v1.5

Additions / Changes:


Item 7

The Landlord/Agent uses/may use the following Residential Tenancy Databases for checking the Applicant’s tenancy history in assessing your Application.

Residential Tenancy Database Name

Database Operator Contact Details

 

 

Table Deleted

 

 

 



(1) Database Operator Name: …………………………………………………………….……………….…...…………….

    Phone: …………………………..  Fax: ………………………… Email: ……………………………....………………

(2) Database Operator Name: ………………………………………………………………………………....……….…….

    Phone: …………………………..  Fax: ………………………… Email: ……………………………....………………


Clause 4

The parties agree and confirm this Agreement may be forwarded electronically if the recipient has provided an email address or facsimile number in the Item Schedule to this Agreement.

 

31 Aug 2011 v1.4

Additions / Changes:

Heading

Application for Tenancy

(to be completed by all adult Applicants and unaccompanied minors)

Item 1

Address: ………………………………………………………………………………………………………………..……

Lease Commencement Date:   ….../……/…… Lease Term: ……………… weeks/fortnights/months/years  

Rent: ................................. per week / fortnight / month     Bond: …..………..…….

Total amount payable on signing of tenancy agreement: ………………

Item 2

Name: ....…………………………………………………………………………………ABN:...………………………

Address: ....………………………………………………………………………………Phone:.……………………..

             .…………………………………………………………………………………Fax: …………………………

Email: …………………………………………………………………………………….Mobile:………………………

Item 3

Number of Adults: …………………..  Number of Dependents: …………… Number of Smokers:………..

Full name/s of adult/s and dependents to reside on the Premises:

1. ……………………………………………

3. ……………………………………………

2. ……………………………………………

4. ……………………………………………

Item 4

Utility connection provider: ___________________________________________________________________

__ YES – please contact me to arrange my utility connections

Item 7

The Landlord/Agent uses/may use the following tenancy databases for checking the Applicant’s tenancy history in assessing your Application.

Residential Tenancy Database Name

Database Operator Contact Details

 

 

Item 9

Rent in advance (…… weeks/months rent):

$..................

From: …../…../… To:…../…../….

                                Rental Bond

$..................

(being ….. weeks rent) (not exceeding 4 weeks rent)

Total due on signing of tenancy agreement

$..................

 

Clause 1

Applicant’s Warranty Declaration

The Applicant/s warrant/s declares:

(1)

that the details provided on their Applicant Details Sheet all the above details are true and correct

(2)

that the Agent is authorised to cross reference relevant details against the listed references and check through any reference check organisation that the Agent may be affiliated with.

(2)        

no Applicant is not to be bankrupt or insolvent.

Clause 2

Applicant/s Agree/s

The Applicant/s agree/s that:

(1)

they have inspected the Premises in Item (1) and accept its condition.

(2)

on acceptance of this Application for Tenancy by the Landlord being notified to the Applicant/s, verbally or in writing, the Applicant/s will rent the Premises from the Landlord on the basic terms and conditions in accordance with this Application and the terms and conditions of a Tenancy Agreement prepared at the direction of the Landlord.

(3)

upon the signing of the Tenancy Agreement, to pay the amount in Item (9) by a method acceptable to the Landlord/ Landlord’s Agent.  Such payments to be cleared funds prior to occupancy.

(4)

the Applicant/s will forthwith upon receipt of same, sign the Tenancy Agreement

(5)

this Tenancy Application, unless accepted, creates no contractual or legal obligations between the parties.

(6)

that the Landlord/ Landlord’s Agent are not required to give an explanation to Applicant/s for any Application not approved.

(7)

as tenant it must satisfy itself as to the provision of any electronic communication services to the Premises (internet, telephone, television – analogue, digital or cable) and the adequacy of existing electrical fittings with respect to the use of such services. The Landlord gives no warranty in respect to the provision or adequacy of such services or electrical fittings to the Premises.

(5)

on acceptance of this Application by the Landlord being notified to the Applicant, verbally or in writing, the Applicant will rent the Premises from the Landlord under a Tenancy Agreement drawn up by the Agent and, upon the signing of the Tenancy Agreement, pay the Bond and Rent amounts in Item (1) by a method acceptable to the Agent. Such payments to be Cleared Funds prior to occupancy.

(3)

the Applicant will sign the Tenancy Agreement forthwith upon presentation of the same by the Agent.

(4)

this Tenancy Application, unless accepted, creates no contractual or legal obligations between the parties.

(5)

they the Applicant understands that the Agent/Landlord is not required to give an explanation to the Applicant for any application not approved.

Clause 3

3.1

The Landlord’s Agent collects and uses personal information provided by you as the Applicant to assess your application for a residential tenancy and provide services required by you or on your behalf during the tenancy.

3.2

You as the Applicant/s agree, to further assess your Application, the Landlord’s Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect information from and use and disclose personal information to:

(1)

the Owner of the Premises to which this Tenancy Agreement applies; &/ or

(2)

(subject to the provisions of Part 10A of the Residential Tenancies Act 1997) residential tenancy databases for the purpose of confirming details in your Application and enabling a proper assessment of the risk in providing you with the Lease; &/or  

(3)

tradespeople and similar contractors engaged by the Owner/Agent in order to facilitate the carrying out of works with respect to the Premises; &/or

(4)

previous managing agents and nominated Referees to confirm information provided by you; &/or

(5)

the Owner’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Landlord’s Agent relating to the  administration of the Premises and use of the Landlord’s Agent’s services; &/or

(6)

the utility connection provider, where you have opted for such a service in Item (4), for the purpose of enabling the connection and/or disconnection of your utility services; &/or

(7)

Owners Corporation

3.3

Without provision of certain information the Landlord’s Agent may not be able to act effectively or at all on the Owner’s behalf as a result of which your Application may not contain sufficient information to be acceptable to the Owner.

3.4

The Applicant/s have the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

Clause 4

4.1

The following documents form part of this Application:

(1)

Application for Tenancy

(2)

Terms of Application

(3)

Each Applicant’s, Applicant Details Sheet

(4)

Any other annexure and/or special conditions as provided by the Landlord’s Agent.

4.2

Each Applicant must read and initial every page as acceptance of the information provided.

4.3

For the purpose of service of notice, service on any one Applicant shall be deemed to be served on all Applicants.

Applicant Details Sheet

Added 'Applicant Details Sheet' to the 'Application for Tenancy'

 

03 Sept 2009 v1.3

Additions / Changes:


Clause 3

The Agent collects and uses personal information provided by obtained from you as the Applicant to assess your application for a residential tenancy and to provide the services required by you or on your behalf. You as the Applicant acknowledge the Agent may subject to the Privacy Act 1988 (CTH) (where applicable) collect, use and disclose your personal information in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable): as follows:

(1)

to the owner of the Premises to which this Tenancy Application applies; and/or

(2)

administration; and/or

(3)

legislative, regulatory and insurance requirements relating to administration of the Premises and use of the Agent’s services; and/or

(4)

in order to facilitate the carrying out of works with respect to the Premises by tradespeople engaged by the Agent/Landlord.

If you have opted to use a utility connection service, you consent to the disclosure of the information contained in this application to the utility connection provider for the purpose of enabling the connection and/or disconnection of your services.

Without provision of certain information the Agent may not be able to act effectively or at all on the owner’s behalf as a result of which your application may not contain sufficient information to be acceptable to the property owner. The Applicant has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.

 

17 Apr 2009 v1.2

Additions / Changes:


Item 6

On The Move logo removed


Item 12

Additional Conditions


Clause 3

Where On The Move or another utility connection service provider arranges services on your behalf, the Applicants consent to disclosure of personal information for the purpose of connecting or disconnecting utility services.  The Agent, On The Move or other provider does not accept responsibility for any delay, failure or loss that may occur if a requested utility service is not connected.  The Agent, its employees and On The Move may receive a benefit in relation to the connection of the service.  The Agent may receive your new phone number for contact purposes unless you specifically request this not to happen. The service provided by On The Move is a free service, however standard utility connection fees or bonds may apply in relation to services provided by the utility provider.  If On The Move has not contacted you within 24 hours of the application being submitted, it is the Applicant’s responsibility to contact On The Move on 1300 850 360 to arrange connections.  Please note that your referral to a utility connection provider has no effect on your application for this rental property.


Clause 3

The Agent collects and uses personal information obtained from you as the Applicant to provide the services required by you or on your behalf. You as the Applicant agree the Agent may collect, use and disclose your personal information in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable) marketing, sales promotion and administration and as required for legislative and regulatory requirements relating to promotion administration and use of the Agents products and services.

If you have opted to use a utility connection service, you consent to the disclosure of the information contained in this application to On The Move Australia Pty Ltd (ABN 24 634 310 965) or another the utility connection provider for the purpose of enabling the connection and/or disconnection of your services.

Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf. The Applicant has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.

 

04 Mar 2008 v1.1

Additions / Changes:


Clause 2.1

The Applicant agrees that:

(1)

they have inspected the Premises in Item (1) and accept its condition.

(2)

on acceptance of this Application by the Landlord being notified to the Applicant, verbally or in writing, the Applicant will rent the Premises from the Landlord under a Tenancy Agreement drawn up by the Agent and, upon the signing of the Tenancy Agreement, pay the Bond and Rent amounts in Item (1) by a method acceptable to the Agent. Such payments to be Cleared Funds prior to occupancy.

(3)

the Applicant will sign the Tenancy Agreement forthwith upon presentation of the same by the Agent.

(4)

this Tenancy Application, unless accepted, creates no contractual or legal obligations between the parties.

(5)

the Applicant understands that the Agent/Landlord is not required to give an explanation to the Applicant for any application not approved.