Exclusive Leasing & Managing Agency Authority - AUVICREPM016 & AUVICREPM023

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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

AUVICREPM016 v2.8

AUVICREPM023 v3.0

Additions / Changes:

 

Item 1

Name/s:  …………………………………………………………………………………………………………….

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

ABN:      …………….. Phone: (…)………………….. Fax: (…)………………….. Mobile: …………………

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

 

Item 2

Name/s:  …………………………………………………………………………………………………………….

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

ABN:      …………….. Phone: (…)………………….. Fax: (…) ………………….. Mobile: …………………

Contact:  …………………………………………………………………………………………………………….

Email:     ……………………………………………………………………… Licence No.: …………………….

 

Item 8 Note

Note: Where the Fee Method is expressed as a percentage the ‘Fee Amount’ (sub-item (c) for each fee type) is an estimated amount calculated on the Rent Amount (Item 7.2) and the actual fee for the service will be worked out only on the actual rental for the property.

 

Clause 1.1(5)

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.

 

Clause 1.1(14)

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

 

Clause 13

13.1

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

13.2

The Privacy Policy outlines how the Agent collects and uses Personal Information provided by you as the Landlord, or obtained by other means, to provide the services required by you or on your behalf.

13.3

You as the Landlord agree the Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such information to:


(1)

tenants and potential tenants, insofar as such information is relevant to the managing and/or leasing of the Property; and/or


(2)

property data collection agencies; and/or


(2)

Owner’s Corporations and financial institutions; and/or


(3)

tradespeople and similar contractors in order to facilitate the carrying out of works with respect to the Property; and/or


(4)

other third parties as may be required by the Agent for the purposes of marketing, sales promotion, and administration relating to the use of the Agent’s products and services, and but must do so in complianceying with legislative and regulatory requirements.

13.4

Without provision of certain information the Agent may not be able to act effectively or at all on the Landlord’s behalf.

13.5

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

13.6

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

 

Clause 14

Data Collection

Upon signing this Authority 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 Authority and any subsequent tenancy agreement.

 

26 May 2018

AUVICREPM016 v2.7

AUVICREPM023 v2.9

Additions / Changes:

 

Clause 12

In compliance with the Estate Agents (Professional Conduct) Regulations 20108 the Agent has in place procedures for resolving complaints and disputes arising from the operation of the Agent’s estate agency practice.  If a complaint is made the Agent will advise the dispute resolving procedures.  The Agent will make every effort to minimize or resolve disputes relating to the Agent’s performance.

 

07 May 2018

AUVICREPM016 v2.6

AUVICREPM023 v2.8

Additions / Changes:

 

Title

Exclusive Leasing AND/OR Managing Agency Authority

(Residential)

(This Authority should be signed, and a copy retained, by the Landlord prior to signing a Residential Tenancy Agreement in respect of the Property)

(Note: Where there is insufficient space in any Item place details in an Annexure and refer to the Annexure in the Item - e.g. ‘Refer Additional Expenses Annexure’)

 

Item 2

Name/s:  …………………………………………………………………………………………………………

Address: …………………………………………………………………………………………………………

ABN:      …………… Phone: (…) ……………… Fax: (…) …………………  Mobile: ………………….

Contact:  …………………………………………………………………………………………………………

Email:     ……………………………………………………………………… Licence No.: …………………

 

Item 15

SIGNATURES

This Authority should be signed, and a copy retained, by the Landlord prior to signing a Residential Tenancy Agreement in respect of the Property.

 

Signature of Agent:

 

………………………………………………………..………………………………      Date: .…./.…./……

 

By signing this Authority the Landlord(s) confirm(s) having read and understood the provisions of Clause 2.1 of the Authority.

 

Signatures of Landlord(s):

 

………………………………………………………..………………………………      Date: .…./.…./……

 

………………………………………………………..………………………………      Date: .…./.…./……

 

………………………………………………………..………………………………      Date: .…./.…./……

 

By signing below the parties acknowledge and confirm having read and understood this Authority.

 

Signature of Landlord(s)             Date:                                                             Date:

 

………………………………………    …… / …… / ……    ……………………………   …… / …… / ……

 

………………………………………    …… / …… / ……    ……………………………    …… / …… / ……

Note: Where signed by Landlord’s authorised representative or the Landlord is a corporation evidence of authority to sign must be provided.

 

Signature of Agent:

 

………………………………………    Date: …… / …… / …….

 

Clause 1.1(14)

Related Document: means any written communication (including Notices), with regard to this matter, between the parties, including any Electronic Documents.

 

Clause 2.1

By signing this Authority the Landlord(s) warrants and confirms:

(1)

it is the owner of the Property.

(1)

having read this Authority.

(2)

it has authority being authorised to enter into this Authority

(3)

having authority to grant the Agent  leasing and management rights of the Property.

 

Clause 14

Related Documents / Notices / Electronic Communication

14.1

The parties agree and confirm any documents and communications in relation to this Authority may be forwarded electronically in accordance with this clause and where this document has been forwarded electronically (either for signing or otherwise) the party receiving the document confirms having consented to the delivery of the document (and any other materials) by way of the electronic means of delivery before receiving the documentation.

14.2

Any Related Document, including this Authority, to be served on any party under this Authority shall be in writing and may be served on that party:


(1)

by delivering it to the party personally; or


(2)

by leaving it for the party at that party’s address as stated in this Authority the Item Schedule; or


(3)

by posting it to the party by ordinary mail or security mail as a letter addressed to the party at the address as stated in this Authority the Item Schedule; or


(4)

by as an electronic communication by facsimile transmission, email or SMS text message to the party at the appropriate electronic address as stated in this Authority the Item Schedule; or


(5)

by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 14.2(1) to (4) above.

14.3

A Related document posted shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the Related document would be delivered.

14.4

A Related document sent by electronic communication will be deemed to have been received in accordance with Section 13A of the Electronic Transactions (Victoria) Act 2000.

14.5

Related Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.

14.6

Related Documents must be served before 5pm on a business day, failing which, such Related document will be deemed to have been served on the next business day.

14.7

The parties acknowledge and agree an Electronic Document readily accessible via a link within a Related Document is received when the Related Document is served and will be opened when the Related Document is opened.

14.8

The parties agree to execution, delivery and service of Related documents electronically by a method provided by DocuSign or such other agreed electronic signing service provider.

 

LANDLORD's INSTRUCTION FORM

Changes made to AUVICREPM023 in accordance with changes made to the Landlord's Instruction Form.

 

24 Jul 2017

AUVICREPM023 v2.7

Additions / Changes:

 

LANDLORD's INSTRUCTION FORM

Item 4

Rent

Payment Period: weekly/fortnightly/monthly/annually

Payable to: __ Landlord __ Bank/Building Society __ Agent’s Trust Account (tick only one)

Bank: ……………………..… Branch: ……………..……….……… BSB: ……….………..

Account Name: …………………………………………… Account No.: ……………………

Statements

Issue Period: …………………………………………………………………………………….

Send to: __ Landlord   OR   __ Other   via   __ Post   OR   __ Email

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

Phone:     (…)………………..…… Fax: (…)………………..… Mobile: ……………………

 

17 May 2017

AUVICREPM016 v2.5

AUVICREPM023 v2.6

Additions / Changes:

 

Item 14

REBATE STATEMENT

 

Important Information for Landlord(s)

 

A rebate includes any discount, commission, or other benefit, and includes non-monetary benefits.  It is illegal for an Agent to keep any rebate they receive for advertising or other outgoings purchased by the Agent on your behalf.  Section 48A of the Estate Agents Act 1980 requires the Agent to immediately pay you any rebate they receive in relation to the sale of your property.

The Agent is not entitled to retain any rebate and must not charge you an amount for any expenses that is more than the cost of those expenses.

__

The Agent will not be, or is not likely to be, entitled to any rebates.


OR

__

The Agent will be, or is likely to be, entitled to rebates.

These rebates are listed below. List of rebates:

any outgoings; or

any pre-payments made by the person engaging or appointing the Agent (the Client) in respect of any intended expenditure by the Agent on the Client’s behalf; or

any payments made by the Client to another person in respect of the work

Goods/Services to which rebate relates

Name of person or organisation providing rebate

Amount (including GST) (if amount not known, provide an estimate)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clause 1.1(5)

Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions (Victoria) Act 2000 including any electronically generated document situated on an external server readily accessible via a link within an electronic communication or other electronically generated document.

 

Clause 1.1(14)

Related Document: means any written communication (including Notices), with regard to this matter, between the parties including any Electronic Documents.

 

Clause 13

Provision of Documents

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

 

Clause 14

Related Documents/Notices

14.1

The parties agree and confirm documents may be forwarded electronically in accordance with this clause.

14.2

Any Related Document, including this Authority, to be served on any party under this Authority shall be in writing and may be served on that party:


(1)

by delivering it to the party personally; or


(2)

by leaving it for the party at that party’s address as stated in the Item Schedule; or


(3)

by posting it to the party by ordinary mail or security mail as a letter addressed to the party at the address as stated in the Item Schedule; or


(4)

as an electronic communication by facsimile transmission, email or SMS text message to the party at the appropriate electronic address as stated in the Item Schedule; or


(5)

by delivery to an alternative address provided in writing by the party, by any of the methods outlined in Clauses 14.2(1) to (4) above.

14.3

A Related Document posted shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the Related Document would be delivered.

14.4

A Related Document sent by electronic communication will be deemed to have been received in accordance with Section 13A of the Electronic Transactions (Victoria) Act 2000.

14.5

Related Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.

14.6

Related Documents must be served before 5pm on a business day, failing which, such Related Document will be deemed to have been served on the next business day.

14.7

The parties acknowledge and agree an Electronic Document readily accessible via a link within a Related Document is received when the Related Document is served and will be opened when the Related Document is opened.

14.8

The parties agree to execution, delivery and service of Related Documents electronically by a method provided by DocuSign or such other agreed electronic signing service provider.

 

12 Dec 2016

AUVICREPM016 v2.4

AUVICREPM023 v2.5

Additions / Changes:

 

Item 8

FEES PAYABLE TO AGENT (s49A(1)(c) Estate Agents Act 1980)

 

The Fees Payable will be calculated on the Rent Amount (Item 7.2) using one of the Fee Methods set out in sub-item (b) for each fee type:

Note: Where the fee is expressed as a percentage the ‘Fee Amount’ (sub-item (c) for each fee type) is an estimated amount calculated on the Rent Amount (Item 7.2) and the actual fee for the service will be worked out only on the actual rental for the property.

8.1

Management Fee:

(a)

Payable:

Weekly/Fortnightly/Monthly/Yearly

(b)

Fee Method:

(tick only one)

__ ……..% (incl. GST) of the rent collected in the Payable period specified in Item 8.1(a)

 


__ Fixed Amount of $ ……………….. (incl. GST)

 


__ Other: ………………………………………………………………………….....

(c)

Fee Amount: $ …………… plus GST of $ .................. Total Payable: $ ................. (incl. GST)

8.2

Letting Fee:

(a)

Payable:

...............................................................................................................

(b)

Fee Method:

__ ……..% (incl. GST) of one Week’s/Fortnight’s/Month’s/Year’s rent.

 

(tick only one)

__ Fixed Amount of $ ……………….. (incl. GST)

 


__ Other: ………………………………………………………………………….....

(c)

Fee Amount: $ …………… plus GST of $ .................. Total Payable: $ ................. (incl. GST)

8.3

Lease Renewal Fee:

(a)

Payable:

...............................................................................................................

(b)

Fee Method:

__ ……..% (incl. GST) of one Week’s/Fortnight’s/Month’s/Year’s rent.

 

(tick only one)

__ Fixed Amount of $ ……………….. (incl. GST)

 


__ Other: ………………………………………………………………………….....

(c)

Fee Amount: $ …………… plus GST of $ .................. Total Payable: $ ................. (incl. GST)

8.4

Fee: ............................................

(a)

Payable:

...............................................................................................................

(b)

Fee Method:

__ ……..% (incl. GST) of one Week’s/Fortnight’s/Month’s/Year’s rent.

 

(tick only one)

__ Fixed Amount of $ ……………….. (incl. GST)

 


__ Other: ………………………………………………………………………….....

(c)

Fee Amount: $ …………… plus GST of $ .................. Total Payable: $ ................. (incl. GST)

8.5

Fee: ............................................

(a)

Payable:

...............................................................................................................

(b)

Fee Method:

__ ……..% (incl. GST) of one Week’s/Fortnight’s/Month’s/Year’s rent.

 

(tick only one)

__ Fixed Amount of $ ……………….. (incl. GST)

 


__ Other: ………………………………………………………………………….....

(c)

Fee Amount: $ …………… plus GST of $ .................. Total Payable: $ ................. (incl. GST)

 

18 May 2016

AUVICREPM016 v2.3

AUVICREPM023 v2.4

Additions / Changes:

 

FORM TITLE

Exclusive Leasing AND/OR Managing Agency Authority (Residential)

 

Item 4

AGENT’S AUTHORITY TERM OF EXCLUSIVE AUTHORITY (SOLE AGENCY)

4.1

The Exclusive Authority will be for a period of ………. days from the date of signing this Authority.

4.2

Note: Estate Agents Act 1980 s54(2) requires inclusion of the words below in any sole agency agreement

If an agreement stating that an estate agent is to act as the sole agent for the sale of any real estate or business does not state when the sole agency is to end, the sole agency ends:

(1)

in the case of a sale by auction, 30 days after the date of the auction; or

(2)

in any other case, 60 days after the date the agreement is signed by, or on behalf of, the vendor of the real estate or business.

4.1

Initial Leasing under this Authority

(a)

The Landlord authorises the Agent to lease the Property: __ Yes __ No

(b)

Term of Exclusive Authority: ………………. days from the date of signing this Authority.

(c)

Term of Ongoing Authority: ……………….... days from the end of the Exclusive Authority Term.

Note: Where Item 4.1(c) is not completed the term of the Ongoing Authority will be a continuing period until terminated by either Party.

(d)

The Ongoing Non-Exclusive Authority may be terminated by either party by giving not less than ………………. days written notice.

4.2

Property Management

(a)

The Landlord authorises the Agent to manage the Property: __ Yes __ No

(b)

The Management Period will be a continuing period which will commence:

(i)

If Initial Leasing is authorised in Item 4.1(a), upon the signing of a lease agreement for the initial lease of the Property; otherwise

(ii)

Upon signing of this Authority; and

may be terminated by either party by giving not less than ………………. days written notice.

(c)

The Landlord authorises the Agent to re-lease to the tenant upon expiry of their lease period: __ Yes __ No

(d)

The Landlord authorises the Agent to lease to a new tenant where upon expiry of an existing lease there is no re-lease to the current tenant: __ Yes __ No

 

Item 5

ONGOING AUTHORITY PERIOD

At the end of the term of the Exclusive Authority (Item 4), unless terminated, this Authority will continue as an ongoing authority for a period of ……….. days. (ongoing authority period) Note: Where no days are inserted, the period shall be ongoing until terminated by either party.

 

Item 5

AGENT’S SERVICES

5.1

The Landlord appoints the Agent to carry out the Leasing and Management services set out in this Authority:

(a)

including services, additional to those set out in Clauses 4 and 5, detailed in Item (5.2).

(b)

excluding services detailed in Item (5.3).

5.2

Additional Services

 

5.3

Excluded Services (Note: Identify the services outlined in Clauses 4 and 5 you wish to exclude)

 

 

Item 7

AGENT’S SERVICES

7.1

The Landlord appoints the Agent to perform the following services: [Tick authorised option/s]

(1)

__ Letting/Leasing of the Property

(2)

__ Re-letting the Property in accordance with the Landlord’s instructions to the initial Tenant/s or new Tenants.

(3)

__ Duties involving the management of the Property

(4)

__ Effect repairs to the Property to a Maximum Expenditure not greater than: ………………… Incl/Excl GST

Note: Section 72 of the Residential Tenancies Act 1997provides circumstances where a Tenant may carry out urgent repairs.

(5)

__ Collection of Rent

7.2

Other authorisations/limitations

 

 

Item 7

7.1

Term of Lease: …………………………………………………………………………..……………………

7.2

Rent:

(a)

Amount: ……………………………….………

(b)

Payable: ……………………………………… of each week/fortnight/month/year

Rent Amount: ………………………………… per Week/Fortnight/Month/Year

7.3

Rental Bond:  ……………………… or equivalent to …………………… weeks rent.

 

Item 8

FEES PAYABLE TO AGENT FOR SERVICES

(this statement must be incorporated within the Authority in the approved  form –s49A(1)(c) Estate Agents Act 1980)

 

8.1

Management Fee:                                             Payable: Weekly/Fortnightly/Monthly/Yearly

[Tick only one]

__

………% of the annual rent (refer to Item 8.2(a) & 8.2(b) herein)

__

Fixed Amount of $ ………….. (GST Inclusive figure)

__

Other: ……………………………………………………………………………………………………

Fee expressed as a dollar amount:

 

Fee: $............. plus GST of $ ……….. Total Fee Payable: $ ……….. (incl. GST)

8.2

Letting Fee:                                                       Payable: Weekly/Fortnightly/Monthly/Yearly

[Tick only one]

__

………% of the annual rent (refer to Item 8.2(a) & 8.2(b) herein)

__

Fixed Amount of $ ………….. (GST Inclusive figure)

__

Other: ……………………………………………………………………………………………………

Fee expressed as a dollar amount:

 

Fee: $............. plus GST of $ ……….. Total Fee Payable: $ ……….. (incl. GST)

8.3

Lease Renewal Fee:                                          Payable: Weekly/Fortnightly/Monthly/Yearly

[Tick only one]

__

………% of the annual rent (refer to Item 8.2(a) & 8.2(b) herein)

__

Fixed Amount of $ ………….. (GST Inclusive figure)

__

Other: ……………………………………………………………………………………………………

Fee expressed as a dollar amount:

 

Fee: $............. plus GST of $ ……….. Total Fee Payable: $ ……….. (incl. GST)

8.4

Fee: ……………………………………                    Payable: Weekly/Fortnightly/Monthly/Yearly

[Tick only one]

__

………% of .......................................................

__

Fixed Amount of $ ………….. (GST Inclusive figure)

__

Other: ……………………………………………………………………………………………………

Fee expressed as a dollar amount:

 

Fee: $............. plus GST of $ ……….. Total Fee Payable: $ ……….. (incl. GST)

8.5

Fee: ……………………………………                    Payable: Weekly/Fortnightly/Monthly/Yearly

[Tick only one]

__

………% of .......................................................

__

Fixed Amount of $ ………….. (GST Inclusive figure)

__

Other: ……………………………………………………………………………………………………

Fee expressed as a dollar amount:

 

Fee: $............. plus GST of $ ……….. Total Fee Payable: $ ……….. (incl. GST)

 

The above Fees will change proportionally to any changes in the rental charged

 

Item 8

FEES PAYABLE TO AGENT (s49A(1)(c) Estate Agents Act 1980)

 

The Fees Payable will be calculated on the Rent Amount (Item 7.2) using one of the Fee Methods set out in sub-item (b) for each fee type:

Note: Where the fee is expressed as a percentage the ‘Fee Amount’ (sub-item (c) for each fee type) is an amount calculated on the Rent Amount (Item 7.2) and the actual fee for the service will be worked out only on the actual rental for the property.

8.1

Management Fee:

(a)

Payable:

Weekly/Fortnightly/Monthly/Yearly

(b)

Fee Method:

(tick only one)

__ ……..% (incl. GST) of the rent collected in the Payable period specified in Item 8.1(a)

 


__ Fixed Amount of $ ……………….. (incl. GST)

 


__ Other: ………………………………………………………………………….....

(c)

Fee Amount: $ …………… plus GST of $ .................. Total Payable: $ ................. (incl. GST)

8.2

Letting Fee:

(a)

Payable:

...............................................................................................................

(b)

Fee Method:

__ ……..% (incl. GST) of one Week’s/Fortnight’s/Month’s/Year’s rent.

 

(tick only one)

__ Fixed Amount of $ ……………….. (incl. GST)

 


__ Other: ………………………………………………………………………….....

(c)

Fee Amount: $ …………… plus GST of $ .................. Total Payable: $ ................. (incl. GST)

8.3

Lease Renewal Fee:

(a)

Payable:

...............................................................................................................

(b)

Fee Method:

__ ……..% (incl. GST) of one Week’s/Fortnight’s/Month’s/Year’s rent.

 

(tick only one)

__ Fixed Amount of $ ……………….. (incl. GST)

 


__ Other: ………………………………………………………………………….....

(c)

Fee Amount: $ …………… plus GST of $ .................. Total Payable: $ ................. (incl. GST)

8.4

Fee: ............................................

(a)

Payable:

...............................................................................................................

(b)

Fee Method:

__ ……..% (incl. GST) of one Week’s/Fortnight’s/Month’s/Year’s rent.

 

(tick only one)

__ Fixed Amount of $ ……………….. (incl. GST)

 


__ Other: ………………………………………………………………………….....

(c)

Fee Amount: $ …………… plus GST of $ .................. Total Payable: $ ................. (incl. GST)

8.5

Fee: ............................................

(a)

Payable:

...............................................................................................................

(b)

Fee Method:

__ ……..% (incl. GST) of one Week’s/Fortnight’s/Month’s/Year’s rent.

 

(tick only one)

__ Fixed Amount of $ ……………….. (incl. GST)

 


__ Other: ………………………………………………………………………….....

(c)

Fee Amount: $ …………… plus GST of $ .................. Total Payable: $ ................. (incl. GST)

 

Item 9

HEADING

EXPENSES   (Attach schedule Iif insufficient space room attach schedule)

**A fee Amount may be expressed as either: (a) Fee + GST Amount = GST inclusive Fee  OR  (b) single GST inclusive figure

 

Item 13

HEADING

SPECIAL CONDITIONS

Special Conditions to this Authority where inserted at the direction of the Landlord were prepared by the Landlord or an Australian Legal Practitioner instructed by the Landlord and not by the Agent. No warranty is given by the Agent with respect to such clauses. Legal advice should be sought.

 

Clause 1.1(3)

Authority: this Exclusive Leasing and/or Managing Authority consisting of the Item Schedule and Terms of Authority and any additional schedules that may be attached.

 

Clause 1.1(11)

Management Fee: monies paid to the Agent as detailed in Item (8.1) for carrying out the services listed detailed in Clause 5 and Item (5).

 

Clause 3

Agency and Authority

3.1

The Landlord by this Authority appoints the Agent as Exclusive Leasing Agent and/or Managing Agent to carry out the services indicated in Item (7) for the term of this Authority as set out in Item (4) or any extension to the exclusive authority period.

3.2

The Agent agrees to such Appointment.

3.3

The Landlord will refer any prospective tenants of which the Landlord becomes aware to the Agent.

3.4

Authority vested in the Agent by this Authority shall be deemed to be vested in the Agent’s authorised employees, provided however, the Landlord will at all times remain the Principal.

3.5

When delegating authority to authorised employees the Agent (licensee) must properly supervise such person/s.

3.6

Either party may terminate this Authority during the ongoing authority period at any time on the giving of not less than 14 days written notice. Such termination will be without prejudice to either party’s existing rights, duties or obligations.

 

Clause 3

Agency and Authority

3.1

The Landlord by this Authority appoints the Agent as Leasing Agent and/or Managing Agent for the Property as outlined in Item 4.

3.2

Authority vested in the Agent by this Authority shall be deemed to be vested in the Agent’s authorised employees, provided however, the Landlord will at all times remain the Principal.

3.3

The Agent agrees to such Appointment.

3.4

When delegating authority to authorised employees the Agent (licensee) must properly supervise such person/s.

3.5

Either party may terminate this Authority during the Ongoing non-exclusive Period or Management Period at any time on the giving of written notice as outlined in Item 4. Where no notice period has been specified in Item 4, the notice period will be 7 days. Such termination will be without prejudice to either party’s existing rights, duties or obligations.

3.6

The Landlord acknowledges and confirms the Agent may, with the Landlord’s consent, assign its rights, duties and obligations under this Authority on the giving of 14 days written notice to the Landlord.  The Landlord will be deemed to have consented if no objection is made within the 14 day period.

3.7

The Agent will not induce or attempt to induce a breach of, or an interference with, a Contract between the Landlord and a Tenant.

3.8

Where a Landlord’s Instruction Form is attached to this Authority it forms part of this Authority and any alterations in such form during the term of the Authority will be required in writing.

 

Clause 4

Agent’s Obligations and Authority

4.1

The Agent is authorised to lease and/or manage the Property as indicated in Item (7) and otherwise in accordance with this Authority, and/or as further instructed in writing by the Landlord.

4.2

The Agent is responsible for locating and introducing to the Landlord suitable prospective tenants based on agreed established criteria for this type of selection so as to enable the Landlord to make an informed decision as to the suitability of the prospective tenants.

4.3

The Agent will, subject to the Landlord’s written instruction, negotiate, finalise and where necessary execute on behalf of the Landlord, any Tenancy Agreement or amendments or variations thereto, including any other documents in relation to the Tenancy Agreement authorised by this Authority.

4.4

Where the Property has been leased and the Landlord has authorised the Agent to manage the Property (Item 7.1(3)) such management will continue under this Authority until terminated by either party in accordance with Clause 8.

4.5

(1)

The Landlord authorises the Agent to initiate and pay for maintenance and repairs on the Property, enlisting qualified tradespersons where required without first seeking permission from the Landlord up to the Maximum Expenditure stated in Item (7.1(4)).

(2)

The Agent will obtain the Landlord’s written approval before ordering maintenance or repairs if the cost of the maintenance or repairs is more than the Maximum Expenditure in Item (7.1(4)).

(3)

In cases where urgent repairs (as defined in Section 3 of the Residential Tenancies Act 1997) are required, the Agent is authorised to immediately initiate repairs which may be in excess of the authorised amount.

(4)

All maintenance and repairs will (where applicable) be ordered or obtained in accordance with the Landlord’s written instructions or if no written instructions are provided, as determined by the Agent.

4.6

The Agent is authorised and required during the currency of this Authority to advise the Landlord of any defect, damage or want of repair to the Property of which the Agent is informed or becomes otherwise aware.

4.7

The Agent will advise the Landlord upon the termination of any Tenancy Agreement and/or the tenant vacating the Property.

4.8

The Agent is to collect and receive all monies payable in accordance with any Tenancy Agreement, (rent, bond and otherwise), with respect to the Property.

4.9

The Agent must immediately notify the Landlord in writing if the Agent becomes aware of a tenant’s breach of the Tenancy Agreement.

4.10

The Landlord acknowledges and confirms the Agent may, with the Landlord’s consent, assign its rights, duties and obligations under this Authority on the giving of 14 days written notice to the Landlord.  The Landlord will be deemed to have consented if no objection is made within the 14 day period.

4.11

The Landlord authorises the Agent to, for and on behalf of the Landlord, recover monies due and unpaid by the Tenant subject to the Tenancy Agreement and in so doing may use independent legal services.  The Agent may claim fees due under this Authority from any monies recovered.

4.12

The Agent will not induce or attempt to induce, a breach of, or an interference with, a Contract between the Landlord and a Tenant.

4.13

The Agent will take reasonable steps to ensure goods and services obtained for the Landlord are at competitive prices.

4.14

(1)

The Agent must provide financial statements and account to the Landlord with respect to all monies received, paid or used by the Agent, carrying out the Agent’s obligations under this Authority.

(2)

The Agent will issue tax invoices, when necessary or required by the Landlord, in respect of all monies owing by the Landlord to the Agent.

4.15

Any services provided will be appropriate and carried out with all reasonable due care and skill.

 

Clause 4

Leasing Services

Where the Landlord authorises the Agent to lease or re-lease the Property as indicated in Items 4.1, 4.2(c) and 4.2(d), unless otherwise instructed by the Landlord or excluded in Item 5.3, the Agent will during the term of this Authority:

(1)

Provide to the Landlord estimates of potential rental income and advice on ways to maximise the Property’s appeal to achieve such potential, but otherwise follow the Landlord’s instruction in respect of actual rental to be applied to any lease.

(2)

Market the Property as required to achieve leasing of the Property, such marketing arrangements to be agreed to by the Parties.

(3)

Be responsible for locating and introducing to the Landlord suitable prospective tenants based on agreed established criteria so as to enable the Landlord to make an informed decision as to the suitability of the prospective tenants.

(4)

Conduct Property inspections with potential tenants.

(5)

Check the suitability of prospective tenants utilising appropriate tenant databases where necessary.

(6)

Negotiate, finalise and where necessary execute on behalf of the Landlord, any Tenancy Agreement or amendments or variations thereto, including any other documents in relation to the Tenancy Agreement authorised by this Authority or otherwise agreed to in writing by the Landlord.

(7)

Prepare and provide to the Landlord any inspections required under relevant legislation.

 

Clause 5

Landlord’s Obligations and Authority

5.1

The Landlord confirms the Property is in a fit, proper and safe condition to be let for the purposes of a Tenancy Agreement and further confirms having, at the time of entering into this Authority, disclosed to the Agent all relevant and material facts relating to the Property.

5.2

The Landlord will at all times during the currency of this Authority keep the Agent advised of and disclose to the Agent in writing details of any defects or want of repair to the Property likely to result in or cause injury to persons occupying, entering upon or using the Property.

5.3

The Landlord acknowledges, upon receipt of advice or notice from the Agent in accordance with Clause 4.6, the Landlord must comply with its obligations to maintain the Property in a fit, proper and safe condition.

5.4

The Landlord acknowledges that once a Tenancy Agreement has been entered into by the Landlord and the tenant, it shall not be the responsibility of the Agent to enforce such Tenancy Agreement and the Agent is limited to its obligations under this Authority.

5.5

In addition to complying with the terms of this Authority the Landlord must comply with the requirements of all relevant Acts, legislation, by-laws, rules and regulations, local, state and federal.

 

Clause 5

Management Services

Where the Landlord authorises the Agent to manage the Property as indicated in Item 4.2(a), unless otherwise instructed by the Landlord or excluded in Item 5.3, the Agent will during the term of this Authority:

(1)

Collect and receive all monies payable in accordance with any Tenancy Agreement (rent, bond and otherwise) with respect to the Property.

(2)

Lodge bond forms as required with the RTB Authority and prepare and serve any notices required to be served on the Tenant in respect of the tenancy agreement whether as required by relevant legislation or otherwise.

(3)

Conduct and arrange periodic property inspections and other inspections as may be required under this Authority and relevant legislation or as otherwise requested by the Landlord.

(4)

In respect of repairs and maintenance:

(a)

advise the Landlord of any defect, damage or want of repair to the Property of which the Agent is informed or becomes otherwise aware.

(b)

initiate and pay for maintenance, services and repairs on the Property, enlisting licensed and/or qualified tradespersons where required without first seeking permission from the Landlord up to a Maximum Expenditure:

(i)

for non-urgent repairs, $250.00

(ii)

for urgent repairs, up to a sum of not more than $3,000.00.

(c)

obtain the Landlord’s written approval before ordering maintenance, services or repairs if the cost of the maintenance, services or repairs is more than the aforesaid allowable Maximum Expenditure;

(d)

in cases where urgent repairs (as defined in Section 3 of the Residential Tenancies Act 1997) are required:

(i)

Immediately initiate repairs up to the  Maximum Expenditure; and

(ii)

Where such repairs exceed the aforesaid allowable Maximum Expenditure immediately contact the Landlord or other designated contact for further instruction.

(e)

take reasonable steps to ensure goods and services obtained for the Landlord are at competitive prices.

(5)

Advise the Landlord upon the termination of any Tenancy Agreement and/or the tenant vacating the Property.

(6)

Immediately notify the Landlord in writing if the Agent becomes aware of a tenant’s breach of the Tenancy Agreement.

(7)

Prepare for and attend VCAT hearings where required.

(8)

For and on behalf of the Landlord, recover monies due and unpaid by the Tenant subject to the Tenancy Agreement and in so doing may use independent legal services.  The Agent may claim fees due under this Authority from any monies recovered.

(9)

Provide financial statements and account to the Landlord with respect to all monies received, paid or used by the Agent, carrying out the Agent’s obligations under this Authority.

(10)

Issue tax invoices, when necessary or required by the Landlord, in respect of all monies owing by the Landlord to the Agent.

 

Clause 6

Landlord’s Obligations and Authority

6.1

The Landlord warrants:

(a)

it is the owner of the Property and has full authority to enter into all Tenancy Agreements; or

(b)

where it is not the owner of the Property it has full authority to enter into all Tenancy Agreements.

6.2

The Landlord confirms at the time of entering into this Authority, having disclosed to the Agent all relevant and material facts relating to the Property.

6.3

The Landlord will ensure, at its own cost:

(a)

at the commencement of any Tenancy Agreement the Property and inclusions are in a fit, proper and safe condition to be let and comply with local and state authority building and other relevant legislation;

(b)

during the term of any Tenancy Agreement:

(i)

the Property is in a fit, proper and safe condition to be let for the purposes of a Tenancy Agreement;

(ii)

the Property and inclusions (including all locks and security fittings) are maintained and are in a reasonable state of repair;

(iii)

sufficient keys to the Property are provided to the Agent and Tenant/s for each lock;

(iv)

the Property is treated as necessary and when required by a licensed pest  controller.

6.4

The Landlord must have public liability insurance and be covered for a minimum of 10 million dollars. Such policy must be maintained for the term of the Authority and the Landlord must upon request, provide a certificate annually confirming the currency of such policy.

6.5

The Landlord will at all times during the currency of this Authority keep the Agent advised of and disclose to the Agent in writing details of any defects or want of repair to the Property likely to result in or cause injury to persons occupying, entering upon or using the Property.

6.6

The Landlord acknowledges, upon receipt of advice or notice from the Agent in accordance with Clause 5(4)(a), the Landlord must comply with its obligations to maintain the Property in a fit, proper and safe condition.

6.7

The Landlord understands that where urgent repairs are required to be carried out, the Tenant may, in accordance with Section 72 of the Residential Tenancies Act 1997, carry out such repairs up to a limit of $1800 including GST, and in such circumstances the Tenant is entitled to be reimbursed.

6.8

The Landlord acknowledges that once a Tenancy Agreement has been entered into by the Landlord and the tenant, it shall not be the responsibility of the Agent to enforce such Tenancy Agreement and the Agent is limited to its obligations under this Authority as an agent of the Landlord.

6.9

In addition to complying with the terms of this Authority the Landlord must comply with the requirements of all relevant Acts, legislation, by-laws, rules and regulations, local, state and federal.

6.10

Where insufficient funds are available to the Agent in accordance with Clause 7.6 the Landlord will, upon request by the Agent, pay any balance outstanding.

6.11

Where a product, fixture or fitting provided with the Property has a warning label or safety instructions attached the Landlord is not to deface, damage or remove such label.

6.12

Where a product, fixture or fitting provided with the Property has a warning label or safety instructions attached the Landlord is not to deface, damage or remove such label.

6.13

Where Item 4.1 or 4.2(d) applies the Landlord will refer any prospective tenants of which the Landlord becomes aware to the Agent.

 

Clause 7

TITLE

Agent’s Fees and Expenses and Commission

 

Clause 8.1

The Agent having complied with its obligations under this Authority and not having been negligent, the Landlord indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses (including Fees and Expenses) which the Agent may suffer or incur in respect of:

(a)

the Landlord’s failure to comply with this Authority; or

(b)

the Landlord’s failure to give the Agent appropriate authority or instruction, or sufficient funds to carry out an instruction or authority; or

(c)

the tenant’s failure to comply with his/her obligations according to the Tenancy Agreement, at no fault of the Agent; or

(d)

the tenant’s failure (without fault on the part of the Agent) to comply with his/her obligations under relevant acts and legislation with respect to the Tenancy Agreement; or

(e)

the Agent acting in the capacity of the Landlord under this Authority; or

(f)

the Landlord’s failure to maintain the Property and carry out repairs; or

(g)

the Landlord’s non compliance with the provisions of Clause 6.5; or

(h)

where the Agent gives notice to the Landlord of damage, defects or want of repair to the Property; or

(i)

a warning label or safety instructions having been removed, damaged or defaced where a product or fitting has been supplied to the Property with such a label or instruction attached.

 

Clause 8.2(4)

The Agent, having satisfied its obligations under Clauses 4 and/or 5 and not having been negligent, is indemnified by the Landlord from and against all actions, claims, demands, losses, costs, damages and expenses in relation to this Authority with respect to matters of cleanliness, safety, construction, building requirements or building deterioration.

 

Clause 14

Safety

Where a product, fixture or fitting provided with the Property has a warning label or safety instructions attached the Landlord is not to deface, damage or remove such label.

 

29 Apr 2016

AUVICRECM016 v2.2

AUVICRECM023 v2.3

Additions / Changes:

 

Item 5

At the end of the term of the Exclusive Authority (Item 4), unless terminated, this Authority will continue as an ongoing authority for a period of ………..... days (ongoing authority period).

Note: Where no days are inserted, the period shall be 1 Business Day ongoing until terminated by either party.

 

11 Jun 2015

AUVICRECM016 v2.1

AUVICRECM023 v2.2

Copyright statement updated.

 

01 Mar 2015

AUVICRECM016 v2.0

AUVICRECM023 v2.1

Additions / Changes:

 

Item 12

Any complaint relating to commission or outgoings can be made to the Director, Consumer Affairs Victoria (CAV), GPO Box 4567 123, Melbourne, VIC Victoria, 3001 or by telephoning 1300 73 70 30.

Unless there are exceptional circumstances, Consumer Affairs Victoria cannot deal with any dispute concerning commission or outgoings unless it is given notice of the dispute within 28 days of the client receiving an account for, or notice that the agent has taken the amount in dispute, whichever is later.

 

Clause 7.1(i)

a warning label or safety instructions having been removed, damaged or defaced where a product or fitting has been supplied to the Property with such a label or instruction attached.

 

Clause 14

Safety

Where a product, fixture or fitting provided with the Property has a warning label or safety instructions attached the Landlord  is not to deface, damage or remove such label.

 

12 Mar 2014

AUVICRECM016 v1.9

AUVICRECM023 v2.0

Additions / Changes:

 

Clause 13

Privacy Statement

13.1

The Agent collects and uses personal information provided by you as the Landlord to provide the services required by you or on your behalf. 

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

13.2

The Privacy Policy outlines how the Agent collects and uses personal information provided by you as the Landlord, or obtained by other means, to provide the services required by you or on your behalf.

13.3

You as the Landlord agree the Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such information to:

(1)

tenants and potential tenants, insofar as such information is relevant to the managing and/or leasing of the Property; and/or

(2)

property data collection agencies; and/or

(3)

Owner’s Corporations & financial institutions; and/or

(4)

tradespeople and similar contractors in order to facilitate the carrying out of works with respect to the Property; &/or

(5)

other third parties as may be required by the Agent for the purposes of marketing, sales promotion, administration relating to the use of the Agent’s products and services and complying with legislative and regulatory requirements.

13.4

Without provision of certain information the Agent may not be able to act effectively or at all on the Landlord’s behalf.  

13.5

The Landlord has the right to access such information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

13.6

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

 

 

 

 

05 Aug 2013

AUVICRECM016 v1.8

AUVICRECM023 v1.9

Additions / Changes:


Item 4

TERM OF EXCLUSIVE LEASING PERIOD AUTHORITY (SOLE AGENCY)     Clauses 3.1, 6.1(a) & 6.1(c)

4.1

The Exclusive Authority Leasing Period will be for a period of ………. days from the date of signing this Authority.

4.2

Note: (Estate Agents Act 1980 s54(2) requires inclusion of the words below in any sole agency agreement)

If an agreement stating that an estate agent is to act as the sole agent for the sale of any real estate or business does not state when the sole agency is to end, the sole agency ends:

(a) in the case of a sale by auction, 30 days after the date of the auction; or

(b) in any other case, 60 days after the date the agreement is signed by, or on behalf of, the vendor of the real estate or business.


Item 5

NON EXCLUSIVE LEASING ONGOING AUTHORITY PERIOD                    Clauses 3.6 & 6.1(b) & 6.1(c)

5.1

At the end of the term of the Exclusive Authority Leasing Period (Item 4), unless terminated, this Authority will continue as an ongoing authority Non Exclusive Leasing Authority for a period of ……….. days. Note: Where no days are inserted, the period shall be 1 Business Day.

The Landlord Agrees: __ Yes __ No     Landlord’s Initials: …………………..


Item 6

TERMINATION                                                                                                                     Clause 8

Either party may terminate this Authority on the giving of not less than ………. days written notice to the other.


Item 6

PERFORMANCE OF SERVICE SPECIAL INSTRUCTIONS            

Note: Terms must not be unfair, refer Schedule 1, Part 2-3 of the Competition and Consumer Act 2010 (Cth).

The parties agree the Agent will perform the services set out below and the Agent agrees to perform such services with due care & skill. [If insufficient space attach schedule]

 


Item 9

FEES PAYABLE TO AGENT FOR SERVICES                                    Clauses 1.1(9),1.1(10), 1.1(11) & 6

(this statement must be incorporated within the Authority in the approved form – s49A(1)(c) Estate Agents Act 1980)  


Item 10

Advertising/Marketing

 

 


Item 12

FEES AND EXPENSES ACKNOWLEDGEMENT

The Landlord confirms, prior to signing this Authority, the Agent advised that Expenses and Commission payments were subject to negotiation. .                                 Landlord initials: …………….


Item 11

NOTICE OF COMMISSION SHARING                                                                             Clause 6.10

Commission Sharing applicable: Will the Agent’s commission be shared with other people (other than a licensed estate agent or an agent’s representative employed by the agent, or a licensed agent who is in partnership with the agent.)?

__ Yes __ No (Important - if “Yes”, complete this Item see clause 2.1(9))

Important information for Landlord(s)

If the Agent has agreed to share the commission that will be payable for leasing or managing your property, before getting your signature to engage or appoint them, they must give you this commission sharing statement.  This statement shows details of all other people who will share in the commission.

The Agent’s commission will be shared with other people (other than a licensed estate agent or an agent’s representative employed by the agent, or a licensed agent who is in partnership with the agent.)

In accordance with Section 48 of the Estate Agents Act 1980, the Agent states that the commission the Agent is entitled to under the terms of this Authority will be shared with other people as follows:

Name and address of person with whom commission is to be shared

Description of such person

 

 

 


Item 12

MAKING A COMPLAINT CONCERNING COMMISSIONS AND/OR OUTGOINGS

(this statement must be incorporated within the Authority in the approved form – s49A(1)(c) Estate Agents Act 1980)


Item 15

REBATE STATEMENT

(this statement must be incorporated within the Authority in the approved form – s49A(1)(c) Estate Agents Act 1980)


Item 16

Signature of Agent:          

………………………………..............…………            Date: ……/……/…..

 

By signing this Authority:

(a)  each party acknowledges having received a signed copy of this Authority and has had the opportunity to obtain professional advice with respect to this Authority and each party acknowledges it is bound by the terms of this Authority.

(b) the Landlord(s) confirm(s) having read and understood the provisions of Clause 2.1 of the Authority.

(c)  the parties acknowledge the commencement date shall be the date of signing.

 

Signature of Agent:          

…………………………………………            Date: ……/……/…..

 

Signatures of Landlord(s):

………………………………..............…………            Date: ……/……/…..

………………………………..............…………            Date: ……/……/…..

………………………………..............…………            Date: ……/……/…..


Clause 2.1

By signing this Authority the Landlord(s) warrants and confirms:

(1)

having read this Authority.

(2)

being authorised to enter into this Authority

(3)

having the authority to grant the Agent leasing and management rights of the Property.

(4)

there are no other existing leasing or managing Authorities in respect to the Property.

(5)

the Vendor’s attention has been drawn to Clause 11 relating to Dispute Resolution.

(5)

that, in accordance with s 49A(1)(b) of the Estate Agents Act 1980, prior to signing this Authority the Landlord was advised by the Agent that Expenses and Commission were subject to negotiation.

(6)

having received at the time of signing a signed copy of this Authority.

(7)

having had the opportunity to obtain legal and other professional advice with respect to this Authority.

(8)

that, prior to signing, the Landlord’s attention has been drawn to Item (11) Commission Sharing, Item (12) Making a Complaint Concerning Commission and/or Outgoings, Item (15) Rebate Statement and Clause 11 Dispute Resolution.

(9)

Where commission sharing is applicable as indicated in Item (11) the Landlord acknowledges, prior to signing this Authority, having received a notice of commission sharing in accordance with section 48 of the Estate Agents Act 1980.



Clause 3

Agency and Exclusive Authority

3.1

The Landlord by this Authority appoints the Agent as Exclusive Leasing Agent and/or Managing Agent to carry out the services indicated in Item (7) for the term of this Authority as set out in Item (4) or any extension to the exclusive authority period thereof. and

3.2

The Agent agrees to such appointment.

3.3

The Landlord will refer any prospective tenants of which the Landlord becomes aware to the Agent.

3.4

The Landlord appoints the Agent and its permitted Assigns, to lease and/ or manage the Property for the Landlord and the Agent agrees. Authority vested in the Agent by this Authority shall be deemed to be vested in the Agent’s authorised employees, provided however, the Landlord will at all times remain the Principal.

3.5

When delegating authority to authorised employees the Agent (licensee) must properly supervise such person/s.

3.6

Either party may terminate this Authority during the ongoing authority period at any time on the giving of not less than 14 days written notice. Such termination will be without prejudice to either party’s existing rights, duties or obligations.



Clause 4.1

The Agent is authorised to lease and/or manage the Property as detailed indicated in Item (7) and otherwise in accordance with this Authority, and/or as further instructed in writing by the Landlord.


Clause 6.1

The Landlord acknowledges the Agent is entitled to the Letting Fee if:  

(a)

during the initial or any extended exclusive Leasing authority period (Item (4)) the Property is leased; or

(b)

during the ongoing authority period Non Exclusive Leasing Period (Item (5)) the Property is leased and the Agent is the effective cause of the Property being leased; or

(c)

within 120 days after the conclusion of the exclusive Leasing authority period, the Property is leased to a Tenant introduced by the Agent during the exclusive Leasing authority period and the Agent is the effective cause of the Property being leased.


Clause 6.2

The Letting Fee will be payable to the Agent if the Property is leased during the exclusive Leasing authority period irrespective of whether the Property is let by the Agent, Landlord or another person.


Clause 6.5

The Agent will not be entitled to Fees (Item 9) if after the termination or conclusion of the exclusive Leasing authority period, prior to the Property being leased, the Landlord has signed an Exclusive Authority with another Agent.


Clause 6.10

The Landlord acknowledges the Agent may, during the term of the Authority, to better facilitate the provisions of the Authority, utilise the services of another Agent in which case there may be commission sharing and upon the Landlord granting consent to commission sharing, which consent will not be unreasonably withheld, the Landlord will complete a new Authority making such provision, but otherwise on the same terms as this Authority (unless amendment is agreed to) including completion of Item (11) to enable such commission sharing for the balance term of this Authority.


Clause 7.1

The Agent having complied with its obligations under this Authority and not having been negligent, the Landlord indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses (including Fees and Expenses) which the Agent may suffer or incur in respect of:


Clause 7.2(4)

The Agent, having satisfied its obligations under Clause 4 and not having been negligent, is indemnified by the Landlord from and against all actions, claims, demands, losses, costs, damages and expenses in relation to this Authority with respect to matters of cleanliness, safety, construction, building requirements or building deterioration.


Clause 8.2

Except as provided in Clause 8.1, either party may terminate this Authority in accordance with Clause 3.6 Item (6).


Clause 13.2

You as the Landlord agree the Agent may subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such personal information to:

(1)

potential tenants; and/or

(2)

property data collection agencies; and/or

(3)

Owner’s Corporations & financial institutions; and/or

(4)

tradespeople and similar contractors in order to facilitate the carrying out of works with respect to the Property; &/or

(5)

other third parties as may be required by the Agent for the purposes of marketing, sales promotion, administration and  complying with legislative and regulatory requirements.



Clause 13.4

The Landlord has the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

 

11 Sep 2012

AUVICRECM016 v1.7

AUVICRECM023 v1.8

Additions / Changes:


Clause 7.1

The Agent having complied with its obligations under this Authority, the Vendor indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses (including Fees and Expenses) which the Agent may suffer or incur in respect of:


Clause 13.2(2)

property data collection agencies; and/or

 

17 May 2012

AUVICREPM016 v1.6

AUVICREPM023 v1.7

Additions / Changes:


Item 5.1

At the end of the term of the Exclusive Leasing Period (Item 4), unless terminated, this Authority will continue as a Non Exclusive Leasing Authority for a period of ……….. days.

Note: Where no days are inserted, the period shall be 1 Business Day.

The Landlord Agrees: __ Yes __ No     Landlord’s Initials: …………………..


Item 12

The Landlord confirms, prior to signing this Authority, the Agent advised that Expenses and Commission payments were subject to negotiation.                                                           Landlord initials: …………….


Clause 1.1(5)

Expenses: any cost or charge incurred by the Agent (including in respect of advertising or marketing) in carrying out the Agent’s obligations under this Authority. less any rebate, discount, commission or other benefit received by the Agent.


Clause 6.3

Where the Agent’s Fees are calculated based on Rent paid, such calculations will be determined by the actual Rent paid notwithstanding such Rent paid may be greater or less than the Landlord’s Rent Amount set out in Item (9.2).


Clause 6.11

The parties agree a tenant will have been introduced to a property where the Agent has been a source of information with respect to bringing to the attention of a tenant that such property is available to let.


Clause 12

The parties agree and confirm documents may be forwarded electronically if the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Authority.

 

31 Aug 2011

AUVICREPM023 v1.6

Additions / Changes:

The 'Landlord's Instruction Form' was updated (Refer to Landlord's Instruction Form)

 

26 May 2011

AUVICREPM016 v1.5

AUVICREPM023 v1.5

Additions / Changes:


Clause 1.1(5)

Expenses: any cost or charge incurred by the Agent (including in respect of advertising or marketing) in carrying out the Agent’s obligations under this Authority, less any rebate, discount, commission or other benefit received by the Agent in respect of such Expenses.


Clause 5.6

The Landlord grants to the Agent a lien over any of the Landlord’s goods, chattels and/or documents which the Agent has possession or control of until such time as any monies that are owing under this Authority are paid to the Agent.


Clause 9

Any monies payable under this Authority by the Landlord to the Agent (or any judgment given in respect of this Authority) not paid when due will attract interest from the due date for payment, to the date of payment at the rate prescribed detailed in Item (15).


Clause 12

The parties agree and confirm documents may be forwarded electronically to a person if that person the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Authority.


Clause 13

13.1

The Agent collects and uses personal information provided by obtained from you as the Landlord to provide the services required by you or on your behalf.

13.2

You as the Landlord agree the Agent may subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such personal information to: in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable):


(1)

potential tenants; and/or


(2)

data collection agencies; and/or


(3)

Owner’s Corporations & financial institutions; and/or


(4)

tradespeople and similar contractors in order to facilitate the carrying out of works with respect to the Property; and/or


(5)

other third parties as may be required by the Agent for the purposes of marketing, sales promotion, administration and  complying with legislative and regulatory requirements.

13.3

Without provision of certain information the Agent may not be able to act effectively or at all on the Landlord’s behalf.

13.4

The Landlord has the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

 

01 Jan 2011

AUVICREPM016 v1.4

AUVICREPM023 v1.4

Additions / Changes:


Item 7

Note

Note: Terms must not be unfair, refer Schedule 1, Part 2-3 of the Competition and Consumer Act 2010 (Cth).

 

15 Jul 2010

AUVICREPM016 v1.2

AUVICREPM023 v1.2

Additions / Changes:


Item 5

5.1

At the end of the term of the Exclusive Leasing Period (Item 4), unless terminated, this Authority will continue as a Non Exclusive Leasing Authority for a period of ……….. days.

The Landlord Agrees:   __ Yes   __ No        Landlord’s Initials: …………………..

5.2

Either party may terminate this Authority during the non exclusive leasing period at any time on the giving of not less than ………… days written notice. Such termination will be without prejudice to either parties existing rights, duties or obligations.


Item 6

Either party may terminate this Authority on the giving of not less than …….....…. days written notice to the other.


Clause 4.1

The Agent will take reasonable steps to ensure goods and services obtained for the Landlord are at competitive prices.


Clause 4.2

(1)

The Agent must provide financial statements and account to the Landlord with respect to all monies received, paid or used by the Agent, carrying out the Agent’s obligations under this Authority.

(2)

The Agent will issue tax invoices, when necessary or required by the Landlord, in respect of all monies owing by the Landlord to the Agent.


Clause 4.4

Where the Property has been leased and the Landlord has authorised the Agent to manage the Property (Item 8.1(3)) such management will continue under this Authority until terminated by either party in accordance with Clause 8.


Clause 4.13

The Agent will take reasonable steps to ensure goods and services obtained for the Landlord are at competitive prices.


Clause 4.14

(1)

The Agent must provide financial statements and account to the Landlord with respect to all monies received, paid or used by the Agent, carrying out the Agent’s obligations under this Authority.

(2)

The Agent will issue tax invoices, when necessary or required by the Landlord, in respect of all monies owing by the Landlord to the Agent.


Clause 8.1

If either party fails to comply with its obligations under the provisions of this Authority or is in breach of any warranty then subject to the provisions of Clause 11, either party may end this Authority on the giving of 7 days notice. provided, on such termination all monies owning under this Authority must be paid or reimbursed up to and including the end date of this Authority on a pro rata basis if necessary.


Clause 8.2

Except as provided in Clause 8.1, either party may terminate this Authority in accordance with Item (6).


Clause 8.3

Any termination shall be without prejudice to either party's rights under this Authority.


Clause 8.4

Upon termination of this Authority all monies owning under this Authority must be paid or reimbursed up to and including the end date of this Authority on a pro rata basis if necessary.

 

19 Apr 2010

AUVICREPM016 v1.1

AUVICREPM023 v1.1

Additions / Changes:


Item 4

The Exclusive Leasing Period will be for a period of ………. days from the date of signing this Authority.


Item 5

5.1

At the end of the term of the Exclusive Leasing Period (Item 4), unless terminated, this Authority will continue as a Non Exclusive Leasing Authority for a period of ……….. days.

The Landlord Agrees:   __ Yes   __ No        Landlord’s Initials: …………………..

5.2

Either party may terminate this Authority during the non exclusive leasing period at any time on the giving of not less than ………… days written notice. Such termination will be without prejudice to either parties existing rights, duties or obligations.


Item 9.3

Lease Renewal Fee:


Item 17

By signing this Authority:

(a)

each party acknowledges having received a signed copy of this Authority and has had the opportunity to obtain professional advice with respect to this Authority and each party acknowledges it is bound by the terms of this Authority.

(b)

the Landlord confirms the provisions of Clause 2.1 of the Authority.

(c)

the parties acknowledge the commencement date shall be the date of signing.


Clause 1.1(7)

G.S.T Act: refers to the A New Tax System (Goods & Services Tax) Act 1999.


Clause 2.1(5)

the Landlord’s attention has been drawn to Clause 11 relating to Dispute Resolution.


Clause 3.2

The Landlord appoints the Agent and its permitted Assigns, to lease and/ or manage the Property for the Landlord and the Agent agrees. Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees, provided however, the Landlord will at all times remain the Principal.


Clause 3.3

When delegating authority to authorised employees the Agent (licensee) must properly supervise such person/s.


Clause 4.6(3)

provided In cases where urgent repairs (as defined in Section 3 of the Residential Tenancies Act 1997) are required, the Agent is authorised to immediately initiate repairs which may be in excess of the authorised amount.


Clause 5.5

In addition to complying with the terms of this Authority the Landlord must comply with the requirements of all relevant Acts, legislation, by-laws, rules and regulations, local, state and federal.


Clause 5.6

The Landlord grants to the Agent a lien over any of the Landlord’s goods, chattels and/or documents which the Agent has possession or control of until such time as any monies that are owing under this Authority are paid to the Agent.


Clause 6.1(c)

within 120 days after the conclusion of either the Exclusive or Non Exclusive Leasing Period, the Property is leased to a Tenant introduced by the Agent during the Exclusive Leasing Period either of those periods and the Agent is the effective cause of the Property being leased.


Clause 8

If either party fails to comply with its obligations under the provisions of this Authority or is in breach of any warranty then subject to the provisions of Clause 11, either party may end this Authority on the giving of 7 days notice provided, on such termination all monies owning under this Authority must be paid or reimbursed up to and including the end date of this Authority on a pro rata basis if necessary.


Clause 11

In compliance with the Estate Agents (Professional Conduct) Regulations 2008 the Agent has in place procedures for resolving complaints and disputes arising from the operation of the Agent’s estate agency practice. If a complaint is made the Agent will advise the dispute resolving procedures. The Agent will make every effort to minimize or resolve disputes relating to the Agent’s performance.


Clause 12

By signing this Authority all parties acknowledge agree to having given prior approval in accordance with the Electronic Transactions (Victoria) Act 2000, for electronic transmission of this Authority and any other related documents agreements, for signing purposes or otherwise, by as far as such means of communication as have been indicated in this document (ie. Facsimile numbers and email addresses).