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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
23 Jul 2019 v2.4
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Clause 1
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Definitions
In this Application for Tenancy the following terms mean:
(1)
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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.
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(2)
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Personal Information: means personal information as defined in the Privacy Act 1988 (CTH).
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Clause 5
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Privacy Statement
5.1
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The Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988 (CTH)) and where required maintain a Privacy Policy.
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5.2
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The Privacy Policy outlines how the Agent collects and uses pPersonal iInformation provided by you as the Applicant, or obtained by other means, to assess your application for a residential tenancy and provide the services required by you or on your behalf.
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5.3
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You as the Applicant agree, to further assess your Application, the Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such information to:
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(1)
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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
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(2)
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residential tenancy databases for the purpose of confirming details in your tenancy Aapplication and enabling a proper assessment of the risk in providing you with the lease; and/or
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(3)
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tradespeople and similar contractors engaged by the Landlord/Agent in order to facilitate the carrying out of works with respect to the Premises; and/or
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(4)
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previous managing agents or landlords and nominated rReferees to confirm information provided by you; and/or
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(5)
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the Landlord’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Agent relating to the administration of the Premises and use of the Agent’s services; and/or
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(6)
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a the utility connection provider, where you request the Agent to facilitate have opted for such a service in Item (6), for the purpose of enabling the connection and/or disconnection of your utility services; and/or
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(7)
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Body Corporates.
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5.4
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Documents or copies of documents provided to establish the identity of the Applicant or persons entitled to deal on behalf of the Applicant, will be retained by the 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.
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5.5
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Without provision of certain information the 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.
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5.6
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The Applicant has the right to access such pPersonal iInformation and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.
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5.7
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If this Application is not accepted by the Landlord/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.
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5.8
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The Agent will provide (where applicable), on request, a copy of its Privacy Policy.
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Clause 6
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Data Collection
Upon signing this Application the parties agree the 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.
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11 Jun 2015 v2.3
Copyright statement updated.
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12 Mar 2014 v2.2
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Clause 4
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Privacy Statement
4.1
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The 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 Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988) and where required maintain a Privacy Policy.
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4.2
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The Privacy Policy outlines how the Agent collects and uses personal information provided by you as the Applicant, or obtained by other means, to assess your application for a residential tenancy and provide the services required by you or on your behalf.
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4.3
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You as the Applicant agree, to further assess your Application, the Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, information from and use and disclose such personal information to:
(1)
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the Landlord as Owner of the Premises to which this Application for Tenancy applies; &/ or
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(2)
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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
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(3)
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tradespeople and similar contractors engaged by the Landlord Owner/Agent in order to facilitate the carrying out of works with respect to the Premises; &/or
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(4)
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previous managing agents and nominated Referees to confirm information provided by you; &/or
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(5)
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the Landlord’s Owner’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Agent relating to the administration of the Premises and use of the Agent’s services; &/or
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(6)
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the utility connection provider, where you have opted for such a service in Item (6), for the purpose of enabling the connection and/or disconnection of your utility services; &/or
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(7)
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Body Corporates
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4.4
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Without provision of certain information the 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 be acceptable to the Landlord Owner.
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4.5
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The Applicant has the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.
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4.6
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The Agent will provide (where applicable), on request, a copy of its Privacy Policy.
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TICA Statement
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Changes as per TICA Group
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25 Mar 2013 v2.1
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Item 3.1
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Current Address: ………………………………………………………………………………….........…………
Period of Occupancy: ……………… Situation: Renting/ Owned/ Other Other Situation: ……………….
Landlord/Agent Details (if applicable): Name: ………………………………… Phone: ……………..………..
Email: ……………………………………………………………………………… Phone: ……………………....
Rent: ……………… per week/ fortnight/ month Reason for Leaving: ……….………………………………
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Item 3.2
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Previous Address (if applicable): …………………………………………………………………………….…
Period of Occupancy: ……………… Situation: Renting/ Owned/ Other Other Situation: ……………….
Landlord/Agent Details (if applicable): Name: ……………………………………Phone: ……...……………..
Email: …………………………………………………………………………………Phone: ……………………..
Rent: ……………… per week/ fortnight/ month Reason for Leaving: ……….………………………………
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Item 4
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APPLICANT’S EMPLOYMENT (NOTE: If either occupation is self employedment please provide a statement of income from your accountant /or tax returns)
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Item 9
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Name:……….………...……………………………….……………………….… Phone: ……………………….
Address: ....…………………………………..………………………………….. Mobile: ……………………….
Other: ……………………………………………………………..……………… Phone : ………………………
Address: …………………………………..……………………………………… Mobile: ………………………
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Item 14
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WARNING: PRIOR TO signing this Application AND paying monies to the Agent in relation to the tenancy the Applicant, by signing, acknowledges having been given a Form 18a General Tenancy Agreement (including the Standard Terms & Conditions of the Agreement)
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Prior to signing this Application, the Applicant has been given a Form 18a General Tenancy Agreement (including Standard and any Special Terms) in accordance with Section 58 of the Residential Tenancies and Rooming Accommodation Act 2008.
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__ Yes __ No
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Applicant’s Signature: Agent’s Signature:
……………………………………………. …………………………………………..
Date: ……/……/…… Date: ……/……/……
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Clause 2
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where the Applicant has been given a Form 18a General Tenancy Agreement (including Standard and any Special Terms) in accordance with Section 58 of the Residential Tenancies and Rooming Accommodation Act 2008, then:
(1)
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on acceptance of this Application for Tenancy by the Landlord being notified to the Applicant, verbally or in writing, the Applicant 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 the Form 18a General Tenancy Agreement prepared at the direction of the Landlord provided in accordance with Clause 2(2).
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(2)
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upon the signing of the Tenancy Agreement, to pay the Bond and Rent amounts in Item (1) in an approved way as more particularly set out in the Tenancy Agreement.
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(3)
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the Applicant will forthwith upon receipt of same, sign the completed Tenancy Agreement
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(4)
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this Tenancy Application, unless accepted, creates no contractual or legal obligations between the parties.
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Clause 5
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Provision of Documents
The parties agree to the delivery and service of documents or other communication via electronic means including SMS text messaging, emailing or other forms of electronic communication where such information has been provided by a party in the Item Schedule.
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TICA Statement
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Changes as per TICA Group
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22 Aug 2012 v2.0
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Item 1
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Address: ………………………………………………………………………………………………………………
Lease Commencement Date: ….../……/…… Lease Term: …….....… weeks/fortnights/months/years
Rent: ............................................. per week / fortnight / month Bond: …..…......................………
Total amount payable on signing of tenancy agreement: ……….....................................……….…
Holding Deposit (if applicable): $........................ Payable within 1 business day of approval of tenancy application. Holding Deposit Option Period*: ………..……..
*Holding Deposit Acceptance Period: On payment of the Holding Deposit the Applicant must notify the Agent of its decision to exercise the option within ………… business days notify the Agent of their intention regarding the tenancy in accordance with Clause 3.2. of the Agent notifying the Applicant/s of their Application being accepted by the Landlord.
Holding Deposit Refund (See Clause 3.3)
If your Application is unsuccessful the Holding Deposit shall be refunded to you in the following manner:
__ Cheque payable to: ……………………………………………………………………………………….
__ Bank Transfer in your nominated bank account:
Account Name: .................................................................................................................
Bank: …………………..…….. BSB: ………………… Account No.: …………………..……………
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Clause 3
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Holding Deposit
Note: Clauses contained under the heading ‘Holding Deposit’ shall only apply where Holding Deposit details have been completed in Item (1) of the Item Schedule.
3.1
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If the Applicant has paid to the Agent a Holding Deposit on the signing of this Application for Tenancy, such Holding Deposit fee, if the Application is successful and a Tenancy Agreement is entered into, will be applied in full or part payment of the Rental Bond and any remainder applied towards the Rent for the Tenancy Agreement.
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3.2
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Should the Application for Tenancy be successful and the Applicant fails to, within the Option Holding Deposit Acceptance Period:
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(a)
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accept the offer of tenancy; or
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(b)
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otherwise notify the Landlord/Agent of their intentions not to proceed with the tenancy exercise the option; or
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(c)
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having notified of their intention to accept the tenancy, not exercised the option, taken all necessary and reasonable steps to enter into a Tenancy Agreement.
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then any Holding Deposit paid by the Applicant will be forfeited to the Landlord.
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3.3
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Should the Application for Tenancy not be accepted, the Holding Deposit will be refunded in full to the Applicant.
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3.4
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The Applicant acknowledges the Landlord/Landlord’s Agent will not accept a Holding Deposit from another prospective tenant until the expiration of the Option Holding Deposit Acceptance Period (Item 1) which unless otherwise specified shall be 48 hours from the giving of a receipt.
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02 Jul 2012 v1.9
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Item 6
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UTILITY CONNECTION Note: If the Agent has not nominated a Provider, the Agent will NOT arrange connection
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03 Feb 2012 v1.8
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Item 7
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Number of Adults: …………….. Number of Dependents: ……………… Number of Smokers:………..
Full name/s of adult/s and dependents unaccompanied minors to reside on the Premises:
1. ………………………………………………………
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3. ………………………………………………………
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2. ………………………………………………………
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4. ………………………………………………………
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Clause 1
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Applicant’s Warranty Declaration
The Applicant warrants declares:
(1)
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that all the above details provided are true and correct
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(2)
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they are not to be bankrupt or insolvent
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Clause 2
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Applicant Agrees
The Applicant agrees that:
(1)
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they have inspected the Premises in Item (1) and accept its condition.
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(2)
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on acceptance of this Application for Tenancy by the Landlord being notified to the Applicant, verbally or in writing, the Applicant 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.
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(3)
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upon the signing of the Tenancy Agreement, to pay the Bond and Rent amounts in Item (1) in an approved way as more particularly set out in the Tenancy Agreement.
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(4)
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the Applicant will forthwith upon receipt of same, sign the completed Tenancy Agreement forthwith upon being notified of acceptance of this Application by the Agent.
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(5)
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this Tenancy Application for Tenancy, unless accepted, creates no contractual or legal obligations between the parties.
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(6)
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they understand that the Agent/Landlord/ Landlord’s Agent are not required to give an explanation to the Applicant for any Application not approved.
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(5)
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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) in an approved way as more particularly set out in the Tenancy Agreement. Such payments to be cleared funds prior to occupancy.
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Clause 3.4
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The Applicant acknowledges the Landlord/ Landlord’s Agent will not accept a Holding Deposit from another prospective tenant until the expiration of the Option Period (Item 1) which unless otherwise specified shall be 48 hours from the giving of a receipt.
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Clause 4.1
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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.
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Clause 4.2
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You as the Applicant 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:
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Clause 4.2(2)
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residential tenancy databases for the purpose of confirming details in your Application and enabling a proper assessment of properly assessing the risk in providing you with the lease; &/or
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Clause 4.2(4)
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previous managing agents and nominated Referees to confirm information provided by you; &/or
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Clause 4.2(5)
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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
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Clause 4.3
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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 be acceptable to the Owner.
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26 May 2011 v1.7
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Applicant's Personal Information Consent
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I ……………………………………………………………………………., the Applicant, give my consent for …………………………………………………………………………………………….. to make enquiries to verify the information I have provided to the Agent in this Tenancy Application (in accordance with the Privacy Act 1988 (CTH)) with relevant tenancy databases including databases of my previous Letting Agents.
Applicant’s Signature: ……………………………………. Date: …../…../…..
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08 Mar 2011 v1.6
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Item 2
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Name: ……………………………………………………………................................................................
Phone (H): ………...…….. Phone (W): ……......…….. Mobile: ……......………. Date of Birth: .…/.…/..…
Email: ….................................................................................. Vehicle Rego No.: ……………………
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Clause 4.2(2)
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residential tenancy databases for the purpose of confirming details in your application and properly assessing the risk in providing you with the lease; &/or credit reporting &/or debt collecting agencies and tenancy databases;
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Clause 4.4
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The Applicant has the right to request the Agent provide details of such information provided or obtained and also do all things reasonably necessary to amend or remove correct any inaccurate or out of date information.
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10 Sept 2010 v1.5
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Item 1
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Address: …………………………………………………............……………………………………….........…..
Lease commencement date: ….../……/…… Lease term: ……… weeks/fortnights/months/years
Rent: ........... per week / fortnight / month Bond: …..…… Holding Deposit (if applicable): $..............
Total amount payable on signing of tenancy agreement: ...… Holding Deposit Option Period*: …....
*Acceptance Period: The Applicant must notify the Agent of its decision to exercise the option within ………… business days of the Agent notifying the Applicant/s of their Application being accepted by the Landlord.
Holding Deposit Refund (See Clause 3.3)
If your Application is unsuccessful the Holding Deposit shall be refunded to you in the following manner:
__ Cheque payable to: …………………………………………………………………………………….
__ Bank Transfer in your nominated bank account:
Account Name: ....................................................................................................................
Bank: …………………..…….. BSB: ………………… Account No.: ………………………………
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Item 9
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Number of Adults: …………….. Number of Dependants: ……………… Number of Smokers:………..
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Clause 2.2
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On the signing of this Tenancy Application the Applicant may be required to pay a holding deposit:
(1)
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if the Tenancy Agreement is entered into the holding deposit must be applied in payment of the Rental Bond and rent.
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(2)
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if the Applicant’s Application is accepted and the Applicant does not enter into the agreement the holding deposit will be forfeited to the Landlord.
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(3)
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If the Tenancy Application is not accepted the holding deposit will be refunded.
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The Applicant acknowledges the Agent will not accept a holding deposit from another prospective tenant until the expiration of the Option Period (Item 1) which unless otherwise specified shall be 48 hours from the giving of a receipt.
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Clause 2.3
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On signing this Tenancy Application the Applicant agrees the Agent is authorised to make enquires to verify the information contained in the Item Schedule with relevant tenancy databases including databases of the Applicant’s previous Letting Agents.
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Clause 3
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3.1
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If the Applicant has paid to the Agent a Holding Deposit on the signing of this Application for Tenancy, such fee, if the Application is successful and a Tenancy Agreement is entered into, will be applied in full or part payment of the Rental Bond and any remainder applied towards the Rent for the Tenancy Agreement.
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3.2
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Should the Application for Tenancy be successful and the Applicant fails to, within the Option Period:
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(a)
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accept the offer of tenancy; or
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(b)
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otherwise notify the Landlord/Agent of their intentions not to exercise the option; or
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(c)
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having exercised the option, take all necessary and reasonable steps to enter into a Tenancy Agreement.
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3.3
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Should the Application for Tenancy not be accepted, the Holding Deposit will be refunded in full to the Applicant.
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3.4
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The Applicant acknowledges the Landlord/Agent will not accept a Holding Deposit from another prospective tenant until the expiration of the Option Period (Item 1) which unless otherwise specified shall be 48 hours from the giving of a receipt.
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Clause 4
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4.1
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The 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.
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4.2
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You as the Applicant agree the Agent may subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose personal information to:
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(1)
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the Owner of the Premises to which this Application for Tenancy applies; &/or
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(2)
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credit reporting &/or debt collecting agencies and tenancy databases; &/or
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(3)
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tradespeople and similar contractors engaged by the Owner/Agent in order to facilitate the carrying out of works with respect to the Premises; &/or
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(4)
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nominated Referees to confirm information provided by you; &/or
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(5)
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the Owner’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Agent relating to the administration of the Premises and use of the Agent’s services; &/or
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(6)
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the utility connection provider, where you have opted for such a service in Item (6), for the purpose of enabling the connection and/or disconnection of your utility services; &/or
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(7)
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Body Corporates
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4.3
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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 Owner.
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4.4
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The Applicant has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.
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03 Sept 2009 v1.4
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Clause 3
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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)
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to the owner of the Premises to which this Tenancy Application applies; and/or
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(2)
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administration; and/or
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(3)
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legislative, regulatory and insurance requirements relating to administration of the Premises and use of the Agent’s services; and/or
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(4)
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in order to facilitate the carrying out of works with respect to the Premises by tradespeople engaged by the Agent/Landlord.
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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.
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TICA Statement
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Changes as per The TICA Group
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01 July 2009 v1.3
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Item 1
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Holding Deposit Option Period: ………..……..
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Item 12
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The Tenant must pay the rent in the approved way/s as indicated below:
(a)
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__ Cash
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__ Cheque
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__ Deposit to a financial institution account nominated by the Lessor
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__ Credit Card
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__ Deduction from pay, pension or other benefit payable to the tenant
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__ EFTPOS
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(b)
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__ Another agreed way*: ………………………………………………………………………………………..
(Note: Where ‘Another agreed way’ is ticked the Tenant/s must be given a choice of at least 2 other approved ways for the payment of rent selected from the above)
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*Additional Costs associated with the other approved way of rent payment in 12(b):
........................................................................................................................................................
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Item 14
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WARNING: PRIOR TO signing this Application AND paying monies to the Agent in relation to the tenancy the Applicant, by signing, acknowledges having been given a Form 18a General Tenancy Agreement (including the Standard Terms and any Special Terms & Conditions of the Agreement)
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Clause 2.1(2)
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the Applicant will sign the Tenancy Agreement forthwith upon being notified of acceptance presentation of this Application the same by the Agent.
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Clause 21(5)
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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) in an approved way as more particularly set out in the Tenancy Agreement. by a method acceptable to the Agent. Such payments to be cleared funds prior to occupancy.
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Clause 2.2
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The Applicant acknowledges the Agent will not accept a holding deposit from another prospective tenant until the expiration of the Option Period (Item 1) which unless otherwise specified shall be 48 hours from the giving of a receipt.
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30 Sept 2008 v1.2
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Item 6
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Utility connection provider:
.....................................................................................
YES – please contact me to arrange my utility connections
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Clause 3
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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.
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Clause 3
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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.
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