General Leasing & Managing Agency Authority - AUVICRECM008 & AUVICRECM009

Top  Previous  Next

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

 

30 May 2019

AUVICRECM008 v2.6

AUVICRECM009 v2.7

Additions / Changes:

 

Item 1

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

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

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

Email:     ………………………………………………………………………........... GST Registered: Yes/No

 

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 lease agreement.

 

26 May 2018

AUVICRECM008 v2.5

AUVICRECM009 v2.6

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

AUVICRECM008 v2.4

AUVICRECM009 v2.5

Additions / Changes:

 

Title

General Leasing and/OR Managing Agency Authority

(Commercial)

(This Authority should be signed, and a copy retained, by the Landlord prior to signing a Lease Agreement in respect of this 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 16

SIGNATURES

This Authority should be signed, and a copy retained, by the Landlord prior to signing a Lease 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 AUVICRECM009 in accordance with changes made to the Landlord's Instruction Form.

 

24 Jul 2017

AUVICRECM009 v2.4

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

AUVICRECM008 v2.3

AUVICRECM009 v2.3

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

AUVICRECM008 v2.2

AUVICRECM009 v2.2

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

AUVICRECM008 v2.1

AUVICRECM009 v2.1

Additions / Changes:

 

FORM TITLE

General Leasing AND/OR Managing Agency Authority (Commercial)

 

Item 4

AGENT’S AUTHORITY TERM OF EXCLUSIVE AUTHORITY

This Authority will commence on the date of signing and can be terminated in writing by either party on the giving of not less than ………………. days notice. Such termination will be without prejudice to either parties existing rights, duties or obligations.

4.1

Initial Leasing under this Authority

(a)

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

(b)

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

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

(c)

The 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

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 6

AGENT’S SERVICES

6.1

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 52(4) & 52(5) of the Retail Leases Act 2003 provides circumstances where a Tenant may carry out urgent repairs.

(5)

__ Collection of Rent

6.2

Other authorisations/limitations

 

 

Item 7

7.1

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

7.2

Rent:

(a)

Amount: ……………………………….………

(b)

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

(c)

Payment Method: ………………………………….…………………………………………………

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

7.3

Security 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 7.2(a) & 7.2(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 7.2(a) & 7.2(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 7.2(a) & 7.2(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 15

HEADING

SPECIAL CONDITIONS

The Special Conditions to this Authority are where inserted at the direction of under instruction from the Landlord a party to this Authority and where not prepared by that party, 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 General 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 Appointment of Agent

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. and its permitted Assigns, to lease and/ or manage the Property for the Landlord for the term of this Authority. 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.

3.2

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 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 (6) 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 Lease Agreement or amendments or variations thereto, including any other documents in relation to the Lease 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 are necessary to fix or remedy a fault or damage, the Agent is authorised to immediately initiate repairs which may be in excess of the authorised amount. (Retail Leases Act 2003 section 51(4))

(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 Lease Agreement and/or the tenant vacating the Property.

4.8

The Agent is to collect and receive all monies payable in accordance with any Lease 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 Lease 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 Lease 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 Lease Agreement or amendments or variations thereto, including any other documents in relation to the Lease 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 Lease 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 Lease Agreement has been entered into by the Landlord and the tenant, it shall not be the responsibility of the Agent to enforce such Lease Agreement and the Agent is limited to its obligations under this Authority.

5.5

Should the Landlord enter into an exclusive leasing and/ or managing authority subsequent to the signing of this Authority, the Landlord will forthwith advise the Agent.

5.6

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.

5.7

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 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 Lease Agreement (rent, bond and otherwise) with respect to the Property.

(2)

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.

(3)

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 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.

(4)

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

(5)

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

(6)

Prepare for and attend Tribunal hearings where required.

(7)

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

(8)

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.

(9)

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 Lease Agreements; or

(b)

where it is not the owner of the Property it has full authority to enter into all Lease 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 Lease 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 Lease Agreement:

(i)

the Property is in a fit, proper and safe condition to be let for the purposes of a Lease 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(3)(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 the tenant may carry out urgent repairs on the Property as per Retail Leases Act 2003 Section 52(4) and may require reimbursement of costs for such repairs under Section 52(5).

6.8

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

6.9

Should the Landlord enter into an exclusive leasing and/or managing authority subsequent to the signing of this Authority, the Landlord will forthwith advise the Agent.

6.10

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.

6.11

Where insufficient funds are available to the Agent in accordance with Clause 7.5 the Landlord will, upon request by the Agent, pay any balance outstanding.

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

The Landlord will keep the Agent advised of any changes to information in respect of this Authority, material facts and where a Landlord’s Instruction Form is attached to changes to information in such form.

6.14

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.

6.15

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 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 Lease 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 Lease 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 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.

 

11 Jun 2015

AUVICRECM008 v2.0

AUVICRECM009 v2.0

Copyright statement updated.

 

01 Mar 2015

AUVICRECM008 v1.9

AUVICRECM009 v1.9

Additions / Changes:

 

Item 11

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

AUVICRECM008 v1.8

AUVICRECM009 v1.8

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.

 

03 Oct 2013

AUVICRECM008 v1.7

AUVICRECM009 v1.7

Additions / Changes:


Item 5

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 8

FEE 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 9

Advertising/Marketing

 

 


Item 10

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 10

NOTICE OF COMMISSION SHARING                                                                               Clause 6.9

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(8))

Important information for Landlord(s)

If the Agent has agreed to share the commission that will be payable for selling 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 11

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 14

REBATE STATEMENT

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


Item 15

SPECIAL CONDITIONS                                                                                                 Clause 10

The Special Conditions are inserted under instruction from a party to this Authority and where not prepared by that party, were prepared by an Australian Legal Practitioner and not the Agent.  No warranty is given by the Agent.  Legal advice should be sought.                                                                                    

 

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

(4)

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

(4)

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.

(5)

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

(6)

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

(7)

that, prior to signing, the Landlord’s attention has been drawn to Item (10) Commission Sharing, Item (11) Making a Complaint Concerning Commission and/or Outgoings, Item (14) Rebate Statement and Clause 11 Dispute Resolution.

(8)

Where commission sharing is applicable as indicated in Item (10) 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

3.1

The Landlord by this Authority appoints the Agent and its permitted Assigns, to lease and/ or manage the Property for the Landlord for the term of this Authority 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.

3.2

The Agent agrees to such appointment.

3.3

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


Clause 4.1

The Agent is authorised to lease and/or manage the Property as detailed indicated in Item (6) and otherwise in accordance with this Authority, and/or as further instructed in writing by the Landlord.  


Clause 6.9

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 (10) 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 8.3

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


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

AUVICRECM008 v1.6

AUVICRECM009 v1.6

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

AUVICRECM008 v1.5

AUVICRECM009 v1.5

Additions / Changes:


Item 10

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 6.2

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 (7.2).


Clause 6.10

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 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 detailed prescribed in Item (13).


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 13.1

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.

 

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: 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; &/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.

 

01 Nov 2011

AUVICRECM008 v1.4

AUVICRECM009 v1.4

Additions / Changes:


Item 15

BUILDING ENERGY EFFICIENCY DISCLOSURE                                                               Clause 1.1(13)

Where this Authority relates to the leasing of a Property required under the Building Energy Efficiency Disclosure Act 2010 (BEEDA) to have a valid and current registered Building Energy Efficiency Certificate (BEEC) rating of the energy efficiency of the Property (Recognised Rating), the Landlord (as Owner): confirms it has such BEEC and agrees to provide the BEEC to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA

(a)

confirms it has a valid & current Recognised Rating; and

(b)

agrees and undetakes to provide details of the Recognised Rating to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA.


Clause 1.1(13)

Recognised Rating: includes any of the following:

(a)

Building Energy Efficiency Certificate; or

(b)

National Australian Built Environment Rating System (NABERS Energy Star Rating); or

(c)

other recognised rating for the Property.

Note: The above Recognised Ratings can be used during the transition period of the BEEDA which concludes on the 1st November, 2011 after which time a Building Energy Efficiency Certificate will be required.

 

01 Jan 2011

AUVICRECM008 v1.3

AUVICRECM009 v1.3

Additions / Changes:


Item 5

Note

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


Item 15

Where this Authority relates to the leasing of a Property required under affected by the Building Energy Efficiency Disclosure Act 2010 (BEEDA) to have a valid and current rating of the energy efficiency of the Property (Recognised Rating), the Landlord (as Owner):

(a)

confirms it has a valid & current Recognised Rating rating of the energy efficiency of the Property (Recognised Rating); and

(b)

agrees and undertakes to provide details of the Recognised Rating to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA.

 

01 Nov 2010

AUVICRECM008 v1.1

AUVICRECM009 v1.1

Additions / Changes:


Item 15

Where this Authority relates to the leasing of a Property affected by the Building Energy Efficiency Disclosure Act 2010 (BEEDA), the Landlord (as Owner):

(a) confirms it has a valid & current rating of the energy efficiency of the Property (Recognised Rating); and

(b) agrees and undertakes to provide details of the Recognised Rating to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA.


Clause 1.1(13)

Recognised Rating: includes any of the following:

(a)

Building Energy Efficiency Certificate; or

(b)

National Australian Built Environment Rating System (NABERS Energy Star Rating); or

(c)

other recognised rating for the Property.

Note: The above Recognised Ratings can be used during the transition period of the BEEDA which concludes on the 1st November, 2011 after which time a Building Energy Efficiency Certificate will be required.


Clause 4.4

Where the Property has been leased and the Landlord has authorised the Agent to manage the Property (Item 6.1(3)) such management will continue under this Authority until terminated by either party in accordance with Clause 8.


Clause 8

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.

8.2

Except as provided in Clause 8.1, either party may terminate this Authority in accordance with Item (4).

8.3

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

8.4

Upon termination of this Authority all monies owing 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 12

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