Exclusive or Open Management Agency Agreement (Short-term Rental) - AUNSWREPM066

Additions / Changes:

Item 4

The Agent must, as soon as practicable after entering into an agency agreement in respect of the management of property, prepare and give to the Owner the Management Inspection Report for the Property in accordance with Schedule 2, Part 2, Clause 190 of the Property and Stock Agents Regulation 202214.

Item T

By signing below the Owner/Landlord acknowledges and confirms having:

•read and understood this Agreement; and.

•been provided with access to the mandatory Code of Conduct for the Short-term Rental Accommodation Industry.

Signature of Owner(s)                   Date:                                                            Date:

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

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

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

Name of Agent / Authorised Representative          

…………………………………………………………………………………………………………………………

Signature of Agent     …………………………………………       Date:  …… / …… / ……

Additions / Changes:

Item P

Material Facts

Additions / Changes:

Item T

SIGNATURES / ACKNOWLEDGEMENT

By signing below the parties Owner/Landlord acknowledges and confirms having:

•read and understood this Agreement; and

•been provided with access to the mandatory Code of Conduct for the Short-term Rental Accommodation Industry.

Signature of Owner(s)     Date:                                                            Date:

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

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

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

Signature of Agent           Date:

………………………………   …… / …… / ……

Additions / Changes:

Title

MANAGEMENT AND/OR LETTING AGENCY AGREEMENT

(Short-term Holiday Rental Letting)

Item E

The Owner authorises the Agent to undertake the following services: [Tick authorised option/s – if an option is not ticked it is not authorised]

Item G

The Owner shall reimburse the Agent for the following authorised Expenses incurred during the Management of the Property:

Clause 1.1(12)

Holiday Letting Agreement: means a Short-term Rental Accommodation Arrangement as defined in the Fair Trading Act 1987 for the purpose of giving a person the right to occupy residential premises for a period of not more than three months.

Clause 1.1(16)

Management Fee: monies due to the Agent as provided in Item F for carrying out services listed in Item E more particularly set out in Clause 4 calculated as a percentage of all monies collected, received or recovered on behalf of the Owner exclusive of refundable bonds or deposits.  

Clause 1.1(18)

Occupant: means a person who has entered into a Short-term Rental Holiday Letting Agreement.

Clause 1.1(22)

Short-term Rental Agreement: means a Short-term Rental Accommodation Arrangement as defined in the Fair Trading Act 1987 for the purpose of giving a person the right to occupy residential premises for a period of not more than three months.

Clause 4.11(1)

The Agent is authorised to let and re-let (as necessary) for holiday purposes the Property for short-term accommodation at a rent authorised by the Owner in writing.

Clause 4.12(2)

The Agent will, if required by the Owner, introduce to the Owner suitable prospective occupants based on agreed criteria so as to enable the Owner to make an informed decision as to the acceptability of the prospective occupants. Provided however, the Owner confirms it does not rely on the Agent to establish beyond the extent of the criteria, the suitability of the Occupant.

Clause 4.13

The Agent will, subject to the Owner's written instructions, negotiate on behalf of the Owner any Short-term Rental Holiday Letting Agreement.

Clause 4.14

Rentals Lettings are for short-term accommodation holiday purposes only and are, subject to local council zoning requirements, not to exceed for any one rental letting, more than three consecutive months, unless the Owner otherwise instructs.

Clause 4.15

The Owner authorises the Agent to allow a prospective occupant access to the Property for inspection purposes, provided:

Clause 5.6

In addition to complying with the terms of this Agreement, the Owner must meet requirements of all relevant acts, legislation, by-laws, rules and regulations, local, state and federal and, in the case of holiday or short-term rentals letting, must ensure the relevant zoning by-laws permit such rentals letting.

Clause 5.9

On payment by the Occupant of a booking deposit to the Agent, the Owner will be bound by and agrees to the rental letting created by the booking.

Clause 11.1

The Agent having complied with its obligations under this Agreement and not having been negligent, the Owner indemnifies the Agent, its officers and employees from and against all actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement in respect of:

Clause 19

Upon signing this Agreement 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 Agreement and any subsequent short-term rental Holiday Letting agreement.

Additions / Changes:

MANAGEMENT INSPECTION REPORT Item 3

Smoke Alarms are/are not installed in accordance with Part 9, Divisions 7A and 7D of the Environmental Planning and Assessment Regulation 2000.

(a) smoke alarms last tested and cleaned: ……/……/……  (b) Date batteries last changed: ……/……/……

{Owners of all houses and units dwellings in NSW must install and maintain smoke alarms in compliance with the Environmental Planning and Assessment Regulation 2000 as amended}

An Electrical Safety Power Switch is / is not installed for general purpose socket outlets.

Clause 1.1(12)

Holiday Letting Agreement: means a Short-term Rental Accommodation Arrangement as defined in the Fair Trading Act 1987 for the purpose of giving a person the right to occupy residential premises for a period of not more than three months.

Clause 1.1(19)

Occupant: means a person who has entered into a Holiday Letting Agreement any guest or tenant staying at the Property for a specified period of time.

Clause 4.13

The Agent will, subject to the Owner's written instructions, negotiate on behalf of the Owner any Hholiday Lletting Aagreement.

Clause 5.6

In addition to complying with the terms of this Agreement, the Owner must meet requirements of all relevant acts, legislation, by-laws, rules and regulations, local, state and federal and, in the case of holiday or short-term letting, must ensure the relevant zoning by-laws permit such letting.

Clause 19

Upon signing this Agreement 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 Agreement and any subsequent holiday letting occupancy agreement.

Additions / Changes:

Title

MANAGEMENT INSPECTION REPORT

Schedule 2, Part 2 of the Property, Stock and Business Agents Regulation 2014 applies to this Management Inspection Report

Item 4

The Agent must, as soon as practicable after entering into an agency agreement in respect of the management of property, prepare and give to the Owner the Management Inspection Report for the Property in accordance with Schedule 2, Part 2, Clause 10 of the Property, and Stock and Business Agents Regulation 2014.

Signature of Agent: …………………………….…………………………… Report Date: …… / …… / ……

Title

MANAGEMENT AND/OR LETTING AGENCY AGREEMENT

(Holiday Letting)

The Property, Stock and Business Agents Act 2002 and Regulations

Item H

The Agent shall not be entitled to retain Rebates, Discounts and/or Commissions Fees except as disclosed below:

Item P

LANDLORD’S DISCLOSURE   (Note: Landlord must complete this Item)  - section 52(1)(b) of the Act

Clause 1.1(1)

Act: the Property, and Stock and Business Agents Act 2002 and Regulations thereto as amended from time to time.

Clause 1.1(17)

Material Fact: where used in this Agreement includes, but is not limited to, material facts as set out in Item P facts required to be disclosed under the Property, Stock and Business Agents Act 2002, the Residential Tenancies Act 2010 and material facts prescribed in section 7 of the Residential Tenancies Regulation 2010.

Clause 4.1

The Agent must and is authorised and directed, by the Owner, to disclose all relevant and Material Facts in relation to the Property.

Clause 4.2

The Agent must, in compliance with Section 52 of the Act, not make any promise that is false, misleading or deceptive or conceal any material facts induce any other person to enter into a contract or arrangement by any statement, representation or promise that the Agent knows to be false, misleading or deceptive or by any failure to disclose a material fact of a kind prescribed by the regulation.

Clause 16

The Agent is shall not be entitled to retain any Rebates, Discounts and/or Commissions, except as disclosed in Item H, in connection with expenses incurred services performed by the Agent in the capacity of the Agent for or on behalf of the Owner as disclosed in Item H.

Additions / Changes:

Clause 1.1(8)

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(19)

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

Clause 18

Privacy Statement

Clause 19

Data Collection

Upon signing this Agreement 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 Agreement and any subsequent occupancy agreement.

Additions / Changes:

Item D

AGENT’S APPOINTMENT

Item D

AGREEMENT

This Agreement is an Exclusive/Non-Exclusive Management and Letting Agency Agreement, effective from ……/……/…… and can be terminated thereafter by either party on the giving of not less than …………… days’ notice in writing.

Note: Where the agreement type is not indicated above this Agreement will be an Exclusive Management and/or Letting Agency Agreement.

Clause 3.5

Where the Agent is appointed as Exclusive Letting Agent (Item D) the Owner will refer any prospective occupants, of which the Owner becomes aware, to the Agent.

Clause 9.1(1)(a)

where this Agreement is an Exclusive Letting Agreement (Item D), whether the booking was made by the Agent, the Owner, or any other party; or

Clause 9.1(1)(b)

where this Agreement is a Non-Exclusive Letting Agreement (Item D), if the booking was made by the Agent;

Additions / Changes:

All instances of 'fax' removed.

Item D

AGENT’S APPOINTMENT

Item D

AGREEMENT

This Agreement is an Exclusive/Non-Exclusive Management and Letting Agency Agreement, effective from ……/……/…… and can be terminated thereafter by either party on the giving of not less than …………… days’ notice in writing.

Note: Where the agreement type is not indicated above this Agreement will be an Exclusive Management and/or Letting Agency Agreement.

Item K

Rent is to be disbursed and statements issued:

__ as per attached Rent and Statements Schedule (Multiple recipients)        OR

__ as indicated below:

__ as indicated below   OR   __ as per attached Rent and Statements Schedule

Rent Payment Period: ……………………………………………………………….……………………………

        Pay by (tick only one):

        __ EFT        Bank: ............................ Branch: ................................ BSB: .............................

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

        __ Cheque   Payable To: ........................................................................................................

                           Address: ...........................................................................................................

Statements Issue Period: .............................................................................................................

                   __ Owner     Issue By:   __ Post   __ Email

                   __ Other      Name: ...................................................................................................

                                      Address/Email: ......................................................................................

Clause 3.1

The Owner appoints the Agent (and its permitted assigns) in accordance with Item D for the duration of this Agreement.

Clause 3.1

In consideration of and in accordance with the terms of this Agreement, the Owner appoints the Agent (and its permitted Assigns), for the duration of this Agreement to manage and/or let the Property for the Owner in accordance with Item E, and the Agent agrees. Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees.

Clause 3.2

Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees.

Clause 3.3

In carrying out the duties and services specified in this Agreement the Agent is authorised to utilise the services of any suitable person or company, provided however where required under the Act such duties or services must be carried out by a licensed person.

Clause 3.3

When delegating authority to authorised employees the Agent (licensee) in charge of the business, must properly supervise such person/s in accordance with the guidelines issued by the Commissioner for Fair Trading.

Clause 3.4

The Agent (licensee) in charge of the business must properly supervise, in accordance with the guidelines issued by the Commissioner for Fair Trading, all persons (employee or otherwise) engaged in the business carried on by the Agent.

Clause 3.5

Where the Agent is appointed as Exclusive Letting Agent (Item D.1) the Owner will refer any prospective occupants, of which the Owner becomes aware, to the Agent.

Clause 9.1(1)

a Letting Fee, subject to Clause 13.3(1), should a booking from an Occupant be taken during the term of this Agreement when a non-refundable deposit is paid sufficient to cover the amount of the fee or otherwise when balance of rental monies are paid and non-refundable; and

Clause 9.4

The services and amounts listed in this Agreement cannot be varied without agreement in writing signed by the parties.

Clause 15.2

This Agreement cannot be varied without agreement in writing signed by the parties.

Clause 19.1

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

Clause 19.8

The parties agree and consent to execution, by any party, delivery and service of documents electronically using by a method provided by DocuSign or such other agreed an electronic signing signature service provider.

Additions / Changes:

Item E

The Owner authorises the Agent to undertake the following services: [Tick authorised option/s – if an option is not ticked it is not authorised]

Item K

RENT AND STATEMENTS

Where there is more than one recipient in respect of rent payments or provision of statements additional fees may be incurred.

Item K

RENT AND STATEMENTS

Where there is more than one recipient in respect of rent payments or provision of statements additional fees may be incurred.

Item S

Signature of Owner(s) or Owner’s     Date:     Signature of Agent                       Date:

authorised representative

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

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

Signature of Owner(s)     Date:                                                            Date:

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

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

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

Signature of Agent           Date:

………………………………   …… / …… / ……

Clause 1.1(8)

Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions Act 2000 (NSW) 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(19)

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

Clause 2

By signing this Agreement the Owner(s) or the Owner’s authorised representative warrants and confirms:

Clause 18

Provision of Documents

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

Clause 19

Related Documents / Notices / Electronic Communication