Exclusive Management Agency Agreement - Holiday Letting - AUNSWREPM008

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

 

24 Jul 2017

Form replaced by AU-NSW-RE-PM-066.

 

30 May 2016 v5.5

Additions / Changes:

 

Item 4

The Agent must, as soon as practicable after entering into this Agreement, prepare and give to the Owner this Management inspection report for the Property in accordance with (see Schedule 2, Part 2, Clause 10 of the PS&BA Regulation 2014).

Signature of Agent: …………………………………….……………………………   Date: ……..……………

 

Item R

LOOSE-FILL ASBESTOS INSULATION QUESTIONNAIRE

__ Residential Premises Loose-fill Asbestos Insulation Questionnaire has been completed by the Landlord and given to the Agent prior to signing this agreement.

 

Clause 1.1(8)

LFAI: means Loose-fill Asbestos Insulation.

 

Clause 1.1(9)

LFAI Register: means the register of residential premises that contain or have contained loose-fill asbestos insulation that is required to be maintained under Division 1A of Part 8 of the Home Building Act 1989.

 

Clause 1.1(11)

Material Fact: A Material Fact has, where used in this Agreement, the meaning  given to it by Section 52 of the Act and including all relevant information about LFAI affecting the premises.

 

Clause 2

Owner’s Confirmation

By signing this Agreement the Owner(s) warrants and confirms:

(1)

it is the owner of the Property

(2)

it has read this Agreement

(3)

it has authority to enter into this Agreement

(4)

it has disclosed to the Agent in writing all Material Facts and has not made any statement known to be false, misleading or deceptive.

 

Clause 7

Owner’s Obligations Regarding the Property

The Owner will ensure, at its own cost:

(1)

any swimming pool, on the Property or on ancillary property complies with the Swimming Pool Act 1992 (NSW) and in particular, in accordance with the Act and Regulations:

(a)

is registered;

(b)

where required, has a valid/relevant Certificate of Compliance/Occupation;

(c)

Owner’s Corporations & financial institutions; and/or

and will provide any Certificate of Compliance to the Agent on request.

(2)

the Property and inclusions are reasonably clean and comply with local and state authority building and work health and safety legislation.

(3)

the Property is safe and fit for the Tenant/s to occupy.

 

Clause 8

LFAI

8.1

Where the agent suspects the possibility of LFAI being present in the residential premises the agent:

(1)

will notify the Landlord and request that the Landlord organises a LFAI inspection

(2)

is not obligated or required to organise maintenance work that involves:

(a)

drilling into walls or ceilings; or

(b)

access to subfloors or ceiling spaces.

8.2

Where a LFAI inspection is undertaken:

(1)

The landlord will provide the agent with the test results;

(2)

Where the likelihood of exposure to airborne asbestos fibres is high, the agent is authorised to advise their workers, clients and prospective clients and if appropriate exclude them from accessing the site.

 

Clause 18

Regulation Requirements

The Agent must be familiar with the provisions of Schedule 2, Part 2 of the Property, Stock & Business Agents Regulation 2014.

 

11 Jun 2015 v5.4

Copyright statement updated.

 

03 Sep 2014 v5.3

Additions / Changes:

 

The word 'Principal' has been changed to 'Owner' throughout the Agreement due to the release of the Property, Stock and Business Agents Regulations 2014.

 

29 Apr 2014 v5.2

Additions / Changes:

 

Clause 1.1(11)

Property: the land and improvements thereon forming the residential premises the subject of this Agreement (as described in Item (C)).

 

Clause 6.12

The Principal will ensure any swimming pool, on the Property or on ancillary property complies with the Swimming Pool Act 1992 (NSW) and in particular, in accordance with the Act and Regulations:

(a)

is registered;

(b)

where required, has a valid/relevant Certificate of Compliance/Occupation;

(c)

has a warning notice/s erected near the swimming pool;

and will provide any Certificate of Compliance to the Agent on request.

 

12 Mar 2014 v5.1

Additions / Changes:

 

Clause 17

Privacy Statement

17.1

The Agent collects and uses personal information provided by you as the Principal 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.

17.2

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

17.3

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

(1)

occupants and potential occupants, 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.

17.4

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

17.5

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

17.6

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

 

01 Jan 2014 v5.0

Additions / Changes:


Clause 11

Disputes may be referred to the Consumer, Trader and Tenancy Civil and Administrative Tribunal for determination.

 

11 Sep 2012 v4.9

Additions / Changes:

 

Clause 10.1(g)

any loss arising from injury to person or damage to property howsoever caused (except in the case of negligence on the part of the Agent); or

 

Clause 10.1(h)

any claim for compensation in respect of damage or loss to the Tenant’s goods.

 

Clause 17.2(2)

property data collection agencies; and/or

 

01 Jan 2012 v4.8

Additions / Changes:


Clause 5.4

When appointing tradespersons the Agent must exercise proper due diligence and in so doing, except in the case of negligence on the part of the Agent, will not be liable for loss or damage caused by or resultant upon the tradespersons carrying out works.


Clause 5.15

Where the Agent is authorised and directed to carry out perform the Principal’s duties in respect to smoke alarms (Item E(n) the Agent is authorised and reserves the right to employ the services of a suitably licensed tradesperson to carry out such requirements and bill the cost thereof to the Principal.


Clause 9

Insofar as either party to this Agreement is, with respect to the Property a - Person Conducting a Business or Undertaking (under the Work Health and Safety Act 2011, Regulations or relevant Codes of Practice in relation thereto) such party must comply with the Act, Regulations or relevant Codes of Practice. ovided however, in carrying out such obligations the Agent acts only as Agent for the Principal.


Clause 10.1

The Agent having complied with its obligations under this Agreement, the Principal 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:

 

05 Aug 2011 v4.7

Additions / Changes:


Clause 6.6

In addition to complying with the terms of this Agreement, the Principal 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.

 

02 Aug 2011 v4.6

Additions / Changes:


Item 2

AGENT   *(Where the Agent trades as a corporation, include the corporation’s licence number)

Name: ...........................................................................................................................................

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

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

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

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

Licence Number/s*: ….…………………………………………………...….  GST Registered: __ Yes  __No


Item 3

Smoke Alarms are / are not installed in accordance with Part 9, Division 7A 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.


Item B

AGENT   *(Where the Agent trades as a corporation, include the corporation’s licence number)

Name: ...........................................................................................................................................

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

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

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

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

Licence Number/s*: ….…………………………………………………...….  GST Registered: __ Yes  __No


Clause 5.7

Moved to Clause 6.10


Clause 5.10

Moved to Clause 6.11


Clause 6.4

The Principal does not rely on the Agent to determine the financial or credit suitability of any prospective tenant.


Clause 6.6

In addition to complying with the terms of this Agreement, the Principal must meet requirements of all relevant acts, legislation, by-laws, rules and regulations, local, state and federal.


Clause 8.2

The Agent shall be entitled to a Management Fee as set out in Item (F) for carrying out services in accordance with this Agreement, detailed in Item (E).


Clause 9.1

The Principal 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:

(a)

authorised letting advertising or signage; or

(b)

the Principal’s failure to comply with this Agreement; or

(c)

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

(d)

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

(e)

the Tenant’s failure to comply with his/her obligations under relevant acts and legislation with respect to this Holiday Letting Agreement; or

(f)

the Agent acting in the capacity of the Principal under this Agreement.

The Agent will be indemnified by the Principal in respect of actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement &/or resultant upon any act, omission or negligence on the part of the Principal.

This means the Agent will be compensated by the Principal for such actions, claims, demands, losses, costs, damages and expenses in respect to this Clause.


Clause 15

The parties agree and confirm this Agreement 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 Agreement.


Clause 16

16.1

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

16.2

You as the Principal 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.

16.3

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

16.4

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

 

31 Jan 2011 v4.5

Additions / Changes:


Item 3

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


Item E (n)

__  In respect to smoke alarms installed on the Premises, carry out, or appoint a contractor to carry out the Principal’s installation & maintenance obligations under the Environmental Planning & Assessment Regulation 2000 as amended. (see Clause 5.16)


Item P

ADDITIONAL INSTRUCTIONS


Item Q Note

The Special Conditions are inserted under instruction from a party to this Agreement 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 R

Signature of Principal(s)

 

………………………………………….

Date: ……/……/……

Signature of Agent

 

………………………………………….

Date: ……/……/……

PS&BA Act Section 55(1)(c) – a copy of this Agreement signed by the Agent must be served on the Principal or Landlord within 48 hours after signing by the Principal or Landlord.


Item S

A signed copy of this Agreement must be served, by the Agent, on the Principal within 48 hours after signing by the Principal. If a copy was given at the time of signing the Principal(s) confirm having received such copy by initialing.

Principal(s) initials: ……………………


Clause 5.16

Where the Agent is authorised to perform the Principal’s duties in respect to smoke alarms (Item E(n) the Agent reserves the right to employ the services of a licensed tradesperson and bill the cost thereof to the Principal.


Clause 15

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 Agreement.

By signing this Agreement all parties acknowledge agree to having given prior approval in accordance with the Electronic Transactions Act 2000 No. 8, for electronic transmission of this Agreement and any other related documents agreements for signing purposes or otherwise, by such means of communication as have been indicated in this document (ie. Facsimile numbers and email addresses).

 

23 Sept 2009 v4.4

Additions / Changes:


Clause 4.2

When delegating authority to authorised employers 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.

 

03 Sept 2009 v4.3

Additions / Changes:


Clause 6.10

Where the Principal has authorised payments in accordance with Item (J) the Principal must provide all information necessary to enable such payments to be made.

 

17 Aug 2009 v4.2

Additions / Changes:


Item K

Statements

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



Send to:

__ Principal     Method to send by:  __ Post  __ Email  __ Fax




__ Other

Name: ................................................................................





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





Phone: ................................  Fax: ......................................


Clause 6.6

The Principal must have legal/public liability insurance and be covered for a minimum of 10 million dollars, in addition to any insurance provided by a body corporate for common areas. Such policy must be maintained for the term of this Agreement and the Principal must upon request provide a certificate annually confirming the currency of such policy.


Clause 15

By signing this Agreement all parties agree to having given prior approval, in accordance with the Electronic Transactions Act 2000 No. 8, for electronic transmission of this Agreement and any other related 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).


Clause 16

16.1

The Agent collects and uses personal information obtained from you as the Principal to provide the services required by you or on your behalf. You as the Principal agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable):


(1)

marketing; and/or


(2)

sales promotion and administration; and/or


(3)

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


(4)

analysing, verifying and/or checking the Principal’s credit, payment and/or status in relation to provision of services.

16.2

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

 

30 Jun 2008 v4.1

Additions / Changes:


Clause 1(9)

Material Fact: A Material Fact has, where used in this Agreement, the meaning given to it by Section 52 of the Act.

 

10 June 2008 v4.0

Additions / Changes:


Item F

Grid Header

Description of Service/Fee

Fee (GST Inclusive)

*Due and Payable

 


Item F

Note

A fee may be expressed as either: a) Fee + GST = GST inclusive Fee or b) single GST inclusive figure


Item G

Grid Header

Description of Expense

Amount (GST Inclusive)

*Due and Payable

 

04 Sept 2005 v3.6

Additions / Changes:


Item 5.1

Rent Paid: ................................ per nightly / weekly / fortnightly


Item 6

6.1 Fees payable to Agent for Services (Enter details of Fees)


Item 8

The Principal authorises and directs the Agent to pay from rental the items marked to be paid.


Item 9

9.1 Rent

9.2 Statements


Clause 6.1

At the start of any letting the Principal must ensure -

 

(a)

the Premises and inclusions are reasonably clean

 

(b)

the Premises are fit for the tenant to live in

 

Note: Prior to occupancy the Principal should have the Property inspected by someone with appropriate experience in house maintenance.

 

(c)

the Premises and inclusions (including all locks and security fittings) are in a reasonable state of repair.

 

17 Mar 2005 v3.5

Additions / Changes:


Clause 12

The Agent collects and uses personal information obtained from you as Principal to provide the services required by you or on your behalf. You as Principal agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) to third parties for (where applicable) marketing, and sales promotion and administration and as required for legislative and regulatory requirements and relating to promotion administration and use of the Agents products and services. Without provision of certain information the Agent may not be able to act effectively or at all on the Principal's behalf. The Principal has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.