Exclusive Management Agency Agreement - With Insurance - AUNSWREPM010

Top  Previous  Next

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

 

05 Sep 2019 v4.8

Additions / Changes:

 

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(15)

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

 

Clause 18

Privacy Statement

18.1

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

18.2

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

18.3

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


(1)

Ttenants 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.

18.4

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

18.5

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the right to access such pPersonal iInformation and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

18.6

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

 

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 tenancy agreement.

 

17 Dec 2018 v4.7

Additions / Changes:

 

Item D

AGENT’S APPOINTMENT

(1)

Fixed Term of Appointment:

Fixed term of Appointment: ………………. days from the date of signing this Agreement.

(2)

Continuing Appointment:

Where no Fixed Term of Appointment is specified in Item D(1) or the Fixed Term of Appointment has expired   this appointment will continue until terminated by either party giving not less than ……. days written notice.

 

Item D

AGREEMENT

This Agreement is effective from …… / …… / …… and can be terminated thereafter by either party on the giving of not less than ……………. days’ notice in writing.

 

15 Oct 2018 v4.6

Additions / Changes:

 

All instances of 'fax' removed.

 

Item D

AGENT’S APPOINTMENT

(1)

Fixed Term of Appointment:

Fixed term of Appointment: ………………. days from the date of signing this Agreement.

(2)

Continuing Appointment:

Where no Fixed Term of Appointment is specified in Item D(1) or the Fixed Term of Appointment has expired   this appointment will continue until terminated by either party giving not less than ……. days written notice.

 

Item D

AGREEMENT

This Agreement is effective from …… / …… / …… and can be terminated thereafter by either party on the giving of not less than ……………. days’ notice in writing.

 

Item L

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) as Exclusive Agent 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), as Exclusive Agent for the duration of this Agreement to manage the Property for the Owner 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 8.3

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

 

Clause 14.2

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.

 

19 Feb 2018 v4.5

Additions / Changes:

 

Item E

1.

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


(1)

__

Obtain and verify references from prospective tenants.


(2)

__

Arrange inspections of the Property by prospective tenants under the following circumstances:



 

(1)

Where the Property is not tenanted, in accordance with the Owner’s instructions



 

(2)

Where the Property is tenanted, in accordance with the Owner’s instructions and subject to the provisions of the Tenancy Agreement


(3)

__

Choose Tenant/s


(4)

__

Enter into and sign Tenancy Agreements


(5)

__

Collect rent in accordance with the Tenancy Agreement


(6)

__

Issue receipts for monies received from the Tenants pursuant to Tenancy Agreements


(7)

__

Receive, lodge, claim and disburse Rental Bonds in accordance with the provisions of the Residential Tenancies Act 2010


(8)

__

Provide tax invoices and receipts when required in accordance with the Tenancy Agreement.


(9)

__

Review rent in accordance with any existing Tenancy Agreement and with respect to any new or renewed Tenancy Agreements.


(10)

__

Serve notices in relation to any breach or termination of a Tenancy Agreement and as may otherwise be required.


(11)

__

Forward to the Owner copies of any documentation signed by the Agent on behalf of the Owner


(12)

__

Effect repairs and maintenance to the Property to a Maximum Pre-approved Maintenance Expenditure not greater than ..........................................................................


(13)

__

From time to time engage tradespersons as may be necessary


(14)

__

Prepare and maintain an inventory of fixtures, fittings and chattels.


(15)

__

Carry out inspections of the Property as appropriate but not less than every …………


(16)

__

Advertise the Property for letting or re-letting in accordance with Item F


(17)

__

In respect to each Tenancy Agreement, do all things and make such applications as may be necessary for the recovery of possession from Tenants, and the recovery of monies due


(18)

__

Respond to and represent the Owner where applications are made and/or proceedings are brought by a Tenant before the Civil and Administrative Tribunal.


(19)

__

In respect to smoke alarms installed on the Property, carry out, or appoint a contractor to carry out the Owner’s installation and maintenance obligations under the Environmental Planning and Assessment Regulation 2000 as amended. (see Clause 4.16)


(20)

__

At the end of the Tenancy Agreement re-let the Property in accordance with the Owner’s instructions

 

Item L

RENT AND STATEMENTS

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

Rent is to be disbursed and statements issued:

__

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

__

as indicated below:

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: ……………………………………….………………………

 

Item L

RENT AND STATEMENTS

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

Rent

Payment Period: ………………………………………………………………………………

1)

Payable to: ………………………………………………… Percentage of rent: …………

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

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

2)

Payable to: ………………………………………………… Percentage of rent: …………

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

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

3)

Payable to: ………………………………………………… Percentage of rent: …………

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

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

Statements

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


Send to:

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



__ Name: …………………………………………………………………………

<Address/Email/Fax>:  …………………………………………………………

__ Name: …………………………………………………………………………

<Address/Email/Fax>:  …………………………………………………………

 

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(5)

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(15)

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:

(1)

it is the owner or the Owner’s authorised representative of the Property

(2)

it has read this Agreement

(2)

it has authority to enter into this Agreement

(3)

it has disclosed to the Agent in writing all Material Facts and has not made any statement known to be false, misleading or deceptive in compliance with Section 26 of the Residential Tenancies Act 2010.


 

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

19.1

The parties agree and confirm any documents and communications in relation to this Agreement may be forwarded electronically 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.

19.2

A Related Document to be served on any party under this Agreement 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 Agreement; 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 Agreement; or


(4)

by  email to the party at the appropriate email  address as stated in this Agreement; or


(5)

by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 19.2(1) to (4) above.

19.3

A 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 document would be delivered.

19.4

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

19.5

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

19.6

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

19.7

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.

19.8

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

 

24 Jul 2017 v4.4

Additions / Changes:

 

MANAGEMENT INSPECTION REPORT

Heading

MANAGEMENT INSPECTION REPORT &

EXCLUSIVE MANAGEMENT AGENCY AGREEMENT

(Residential)

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

Management Inspection Report and Exclusive Management Agency Agreement

 

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 this Agreement, prepare and give to the Owner this the Management Inspection Report for the Property in accordance with Schedule 2, Part 2, Clause 10 of the PS&BA Property, Stock and Business Agents Regulation 2014.

 

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

 

Item A

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

Business Name: ………......................................................................................................................

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

              ............................................................................................. ABN: ...................................

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

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

Solicitor/Conveyancer:  ......................................................................................................................

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

Phone: (…)…………………… Email: ………………………………………………………………………………

 

Item C

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

Permitted number of Occupants: ............................... (Refer to Management Inspection Report Item (3))

Pets Permitted:  __ Yes __ No    Details (if any): ……………………………………………………................

 

Item D

This Agreement is effective from ...... / ...... / ...... and can be terminated thereafter in writing by either party on the giving of not less than ……………. days notice in writing. Such termination will be without prejudice to either parties existing rights, duties or obligations.

 

Item E

1.

The Owner authorises the Agent to undertake the following management, administration and/or leasing services duties: [Tick authorised option/s]


(1)

__

Obtain and verify references from prospective tenants.


(2)

__

Arrange inspections of the Property by prospective tenants under the following circumstances:




(1)

Where the Property is not tenanted, in accordance with the Owner’s instructions




(2)

Where the Property is tenanted, in accordance with the Owner’s instructions and subject to the provisions of the Tenancy Agreement


(3)

__

Choose Select Tenant/s


(4)

__

Enter into and sign Tenancy Agreements


(5)

__

Collect rent in accordance with the Tenancy Agreement


(6)

__

Issue receipts for monies received from the Ttenants pursuant to Tenancy Agreements


(7)

__

Receive, lodge, claim and disburse Rental Bonds in accordance with the provisions of the Residential Tenancies Act 2010


(8)

__

Provide tax invoices and receipts when required in accordance with the Tenancy Agreement.


(9)

__

Review rent in accordance with any existing Tenancy Agreement and with respect to any new or renewed Tenancy Agreements.


(10)

__

Serve notices in relation to any breach or termination of a Tenancy Agreement and as may otherwise be required.


(11)

__

Forward to the Owner copies of any documentation signed by the Agent on behalf of the Owner


(12)

__

Effect repairs and maintenance to the Property to a Maximum Pre-approved Maintenance Expenditure not greater than .........................................................


(13)

__

From time to time engage tradespersons as may be necessary


(14)

__

Prepare and maintain an inventory of fixtures, fittings and chattels.


(15)

__

Carry out inspections of the Property as appropriate but not less than every ………


(16)

__

Advertise the Property for letting or re-letting in accordance with Item F


(17)

__

In respect to each Tenancy Agreement, do all things and make such applications as may be necessary for the recovery of possession from Ttenants, and the recovery of monies due


(18)

__

Respond to and represent the Owner where applications are made and/or proceedings are brought by a Ttenant before the Civil and Administrative Tribunal.


(19)

__

In respect to smoke alarms installed on the Property, carry out, or appoint a contractor to carry out the Owner’s installation and maintenance obligations under the Environmental Planning and Assessment Regulation 2000 as amended. (see Clause 4.16)


(20)

__

At the end of the Tenancy Agreement re-let the Property in accordance with the Owner’s instructions

2.

Tenancy

Term of Tenancy: ……………… Proposed Rent Amount: $ …………… per week/fortnight/month

Payment Details: ………….....................................……………………………………………………

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

3.

Other authorisations/limitations

 

 

Item G

FEES FOR SERVICES   (Fees payable to Agent for Services)

1.

Description of Service/Fee

Fee (GST Inclusive)

*Due and Payable

Management Fee (cl 1.1(11))

% of all monies collected, received or recovered on behalf of the Landlord exclusive of refundable bonds or deposits

 

Letting Fee (cl 1.1(8))


 

Lease Renewal Fee (cl 1.1(7))


 

Tenancy Agreement Preparation Fee


 

Administration Fee (cl 1.1(3))


 

Additional Services Fees (cl 1.1(2))

Tenancy Agreement Preparation Fee


 

Determination/Rent Reviews of Rent (Item E.1(9))


 

Preparation & Attendance before a Court or Tribunal (Item E.1(18))


 

Service of Notices (Item E.1(10))


 

Overseeing  Maintenance and Repairs (Item E.1(12))


 

Matters Necessary to Facilitate Insurance Claims


 



 



 



 



 

2.

Explanation of Fees: (Where the Agent has inserted non-standard fees explanatory details should be inserted)

 


* When Due and Payable is left blank, Fees for services are payable on receipt by the Owner of an itemised invoice.

 

Item H

CHARGES AND EXPENSES

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

Description of Expense

Amount (GST Inclusive)

*Due and Payable

Letting Advertising


 

Administration Expenses


 

Office and Clerical Expenses


 

Travel and Out of Pocket Expenses


 

Bank Charges


 

Tribunal Outlays if Applicable


 

* When Due and Payable is left blank, Expenses are payable on receipt by the Owner of an itemised invoice.

 

Item L

RENT AND STATEMENTS

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

Rent

Payment Period: ............................................................................................................


Payable to: __ Owner or __ Nominated Bank/Building Society (please tick only one)

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

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


1)

Payable to: ………………………………………………………… Percentage of rent: ………………

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

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


2)

Payable to: ………………………………………………………… Percentage of rent: ………………

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

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


3)

Payable to: ………………………………………………………… Percentage of rent: ………………

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

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

Statements

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

Send to: __ Owner    Method to send by:  __ Post __ Email __ Fax

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

            Address/Email/Fax:  ………………..………………………….……………...........

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

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

            __ Name: ………………………………..………………………….…………….......

            Address/Email/Fax:  ………………..………………………….……………..........

 

Item P.3

LFAI Questionnaire

Landlords note: Properties constructed before 1980 may contain loose-fill asbestos insulation.

Prior to signing this Agreement the Landlord has completed and provided to the Agent a

Residential Premises Loose-fill Asbestos Insulation Questionnaire.                                      __ Yes __ No

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

 

Item R

SPECIAL CONDITIONS

The Special Conditions to this Agreement are where inserted at the direction of under instruction from the Owner a party to this Agreement and where not prepared by that party, were prepared by the Owner or an Australian Legal Practitioner instructed by the Owner and not by the Agent.  No warranty is given by the Agent with respect to such clauses.  Legal advice should be sought.

 

 

Item S

Signature of Owner(s) or Owner’s authorised representative

 

 

Date:

Signature of Agent

 

 

Date:

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

...... / ...... / ......

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

...... / ...... / ......

Note: Where signed by Owner’s authorised representative evidence of authority must be provided.

 

Item T

RECEIPT OF COPY OF AGREEMENT (See Section 55(1)(c) of the Act)

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

Owner(s) initials: ………………………………

 

Clause 1.1

In this Agreement the following terms mean:

(1)

Act: the Property, Stock and Business Agents Act 2002 and Regulations thereto the Property, Stock and Business Agents Regulations 2014 as amended from time to time.

(2)

Additional Services Fees: monies paid due to the Agent as provided detailed in Item G for carrying out the services detailed therein.

(3)

Administration Fee: monies due to the Agent as provided in Item G to cover standard administrative costs.

(4)

Agreement: this Exclusive Management Agreement consisting of the Management Inspection Report and the Exclusive Management Agreement (Item Schedule and Terms of Agreement and any additional schedules that may be attached).

Agreement: this Agency Agreement, consisting of:


(a)

the Item Schedule – Exclusive Management Agency Agreement; and


(b)

the Terms of Agreement; and


(c)

any additional annexures, schedules or documents that may be attached.

(5)

GST: where used in this Agreement, has the meaning used in A New Tax System (Goods and Services Tax) Act 1999 and “GST” includes any applicable rulings issued by the Commissioner of Taxation.

(6)

Item: an Item in the attached Item Schedules forming part of this Agreement.

(7)

Letting Lease Renewal Fee: monies paid due to the Agent as provided detailed in Item G, if the a Tenancy Agreement is renewed or extending for an existing Tenant.

(8)

Letting Fee: monies due to the Agent as provided in Item G on a Tenant entering into an initial Tenancy Agreement.

(9)

LFAI: means Loose-fill Asbestos Insulation.

(10)

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.

(11)

Management Fee: monies paid due to the Agent as provided detailed in Item G for carrying out services listed in Item E and 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.

(12)

Material Fact: A Material Fact has, where used in this Agreement, the meaning given to it by Section 52 of the Act and includes matters set out in Section 7 of the Residential Tenancies Regulation 2010.

Material Fact: where used in this Agreement includes, but is not limited to, 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.

Note: Refer to ‘Misrepresentation Guidelines – NSW Fair Trading’ for more details on what may constitute a material fact.

(13)

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

(14)

Rent: means the amount specified as Proposed Rent in Item E.2 of the Item Schedule or as may be amended from time to time in accordance with the Owner’s written instructions.

 

Clause 2

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

(1)

it is the Owner or the Owner’s authorised representative 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 in compliance with Section 26 of the Residential Tenancies Act 2010.

 

Clause 3

Exclusive Appointment of Agent

3.1

The Owner by this Agreement appoints the Agent (and its permitted assigns) as Exclusive Agent for the duration of this Agreement.

3.2

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

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.

3.4

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

 

Clause 4

Appointment of Agent

4.1

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

4.2

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 4.3

The Agent will be responsible for ensuring all persons engaged by the Agent to perform functions in respect of this Agreement hold, where required, appropriate licenses and comply with relevant legislation and regulations.

 

Clause 4.4

(1)

The Owner 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 Owner up to the Maximum Pre-approved Maintenance Expenditure stated in Item (E)(1)(12)). The Agent will obtain the Owner’s written approval before ordering maintenance or repairs if the price of maintenance or repairs is more than the Maximum Pre-approved Maintenance Expenditure, provided in emergency circumstances, the Agent is authorised to immediately initiate repairs which may be in excess of the authorised amount.

(1)

Subject to the Owner’s responsibilities under this Agreement, the Owner authorises the Agent to initiate and pay for caretaking, maintenance and repairs on the Property excluding work of a structural nature unless explicitly authorised and directed in writing by the Owner, enlisting qualified tradespersons where required without first seeking permission from the Owner up to the Maximum Pre-approved Maintenance Expenditure stated in Item E.1(12).

(2)

The Agent will obtain the Owner’s written approval before ordering maintenance or repairs if the cost of the maintenance or repairs is more than the Maximum Pre-approved Maintenance Expenditure, provided in emergency circumstances, the Agent is authorised to immediately initiate maintenance or repairs which may be in excess of the authorised amount.

(3)

All maintenance and repairs will (where applicable) be ordered from those persons detailed in Item K. The Agent will ensure compliance with all existing property maintenance contracts as set out in Item J.




 

Clause 4.11

(1)

The Agent must, by providing financial statements, account to the Owner (as set out in Item L) with respect to all monies collected, received, paid or used by the Agent in carrying out the Agent’s obligations under this Agreement and make payments to the Owner as provided in Item L.

(2)

The Agent will issue tax invoices when necessary in respect of all monies owing by the Owner to the Agent.




 

Clause 4.12

Should the provisions of Clause 5.11 be applicable:

(1)

the Agent will be responsible for locating and introducing to the Owner suitable prospective tenants based on agreed established criteria for this type of selection so as to enable the Owner to make an informed decision as to the acceptability of the prospective tenants. Provided however, the Owner confirms it does not rely on the Agent to establish beyond the extent of the criteria, the credit worthiness of the Tenant.

(2)

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




 

Clause 4.12

The Agent is authorised to Lease the Property, subject to Item E.1 (1), (2), (3) and (4), and/or as further instructed in writing by the Owner.

 

Clause 4.13

(1)

Where the Agent is authorised to choose a Tenant (Item E.1(3)) the Agent will choose the successful Tenant based on criteria provided by the Owner, otherwise;

(2)

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




 

Clause 4.14

The Agent will, subject to the Owner's written instructions, negotiate on behalf of the Owner any Tenancy Agreement or amendments or variations thereto, including any other documents in relation to the Tenancy Agreement authorised by this Agreement, and;

(1)

where the Agent is authorised to enter into and sign the Tenancy Agreement, execute the Tenancy Agreement on behalf of the Owner, otherwise;

(2)

provide a Tenancy Agreement, duly signed by the Tenant/s, to the Owner for execution.




 

Clause 5.2

The Owner will at all times during the currency of this Agreement keep the Agent advised of and disclose to the Agent in writing details of all relevant and Material Facts and changes thereto about in relation to the Property.

 

Clause 6.3

Repairs and maintenance relating to the structural integrity of the Property are, subject to Clause 4.4(1) and (2), the sole responsibility of the Owner.

 

Clause 6.4

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

 

Clause 8

Agent’s Fees and Remuneration Reimbursement

8.1

Where Fees, Charges and Expenses are provided for in Items G and H or otherwise authorised in writing by the Owner, for the performance of services (more particularly outlined in Item E), the Agent shall be entitled to:


(1)

a Letting Fee should:



(a)

the Property be leased during the term of this Agreement, irrespective of whether the Tenant is introduced by the Agent, the Owner, or any other person; or



(b)

the Agent introduce a prospective tenant during the term of this Agreement and a subsequent tenancy agreement is entered into with the prospective tenant within 60 days after the expiry or termination of this Agreement; and


(2)

a Management Fee for carrying out services in accordance with this Agreement; and


(3)

other Fees, Charges and Expenses for services authorised and performed during the term of this Agreement.

8.2

All Fees, Charges and Expenses to which the Agent is entitled:


(1)

will be in the amounts set out in Items G and H respectively, or otherwise authorised in writing by the Owner, and include any taxes or deductions debited by financial institutions against the Agent’s account and attributable to the affairs of the Owner; and


(2)

unless otherwise specified in Items G and H, will be payable upon provision by the Agent of a tax invoice or statement of account.

8.3

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

8.4

Unless otherwise expressly stated, all monies payable or other considerations for Goods and Services to be provided under or in accordance with this Agreement are inclusive of GST.

8.5

In accordance with Section 55 of the Act, there will be no entitlement to commission (including fees) or expenses for services performed unless a copy of this Agreement is served on the Owner not more than 48 hours after being signed by the Owner.

 

Clause 9.1

The Agent shall be entitled to Fees for services and remuneration for Expenses (including any taxes or deductions debited by financial institutions against the Agent’s account and attributable to the affairs of the Owner) in the amounts set out in Items (G) and (H) respectively, for the execution of services referred to in Item (E) of this Agreement.

 

Clause 9.2

Unless otherwise specified in Item (G), the Fees will be payable upon provision by the Agent of a tax invoice or statement of account.

 

Clause 9.3

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

 

Clause 9.4

The Management Fee shall be calculated as a percentage of all monies collected and received by the Agent in accordance with Clause 5.7. Such percentage more particularly set out in Item (G).

 

Clause 9.5

The Agent is entitled to Additional Services Fees as specified in Item (G) for the provision of services listed in Item (G). Additional Services Fees will be payable where authorised by provision of the Agent of a tax invoice or statement of account.

 

Clause 9.6

The Agent shall be entitled to a Letting Fee should the Agent introduce a tenant during the term of this Agreement, provided however no Letting Fee will be payable in cases where the Owner, after the expiration of this Agreement, has subsequently entered into a separate Exclusive Leasing Agreement.

 

Clause 9.7

The Letting Fees shall be calculated as a percentage of the Annual Rent (not including GST) under the Tenancy Agreement. Such percentage more particularly set out in Item (G).

 

Clause 10

10.1

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:


(1)

authorised Lease advertising or signage; or


(2)

the Owner's failure to comply with this  Agreement; or


(3)

the Owner's failure to give the Agent prompt and appropriate authority or instruction, or sufficient funds to carry out an instruction or authority; or


(4)

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


(5)

the Tenant’s failure to comply with his/her obligations under the Residential Tenancies Act 2010 and or other relevant acts and legislation; or


(6)

the Agent acting in the capacity of the Owner under this Agreement; or


(7)

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


(8)

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


(9)

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.



The Agent will be indemnified by the Owner 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 Owner.

10.2

The Owner acknowledges that the Agent is acting only as Management Managing Agent and is not responsible for reporting any matters (including defects latent or otherwise) other than those that are readily apparent during the course of any inspections or as are brought to their attention as Management Managing Agent by the Tenant. The Agent is not otherwise qualified and it is the Owner's responsibility to obtain specific advice with respect to the Property and its soundness as to building and structural integrity, pest, health and other requirements. As such, the Owner indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of, or in respect of this Agreement, resulting from matters of cleanliness, safety, construction, building requirements or building deterioration, notwithstanding the Agent’s Obligations under Clause 4.

 

Clause 12

Termination

12.1

Either party may terminate this Agreement by giving notice in accordance with Item D.

12.2

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

12.3

Upon termination of this Agreement all monies owing under this Agreement must be paid or reimbursed up to and including the last day of the notice period set out in Item D on a pro rata basis if necessary.


 

Clause 18

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

 

30 May 2016 v4.3

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 P

LANDLORD’S DISCLOSURE TO PROSPECTIVE TENANTS  

Note: Landlord must Please complete thise Item sections below:

 

Section 26 (1) of the Residential Tenancies Act 2010  provides that  a Landlord or Landlord’s Agent must not induce a tenant to enter into a residential tenancy agreement by any statement, representation or promise that the Landlord or Agent knows to be false, misleading or deceptive or by knowingly concealing a material fact of a kind prescribed by the regulations. (See Item (P)(2))

1.

Disclosures Required under Section 26(2) of the Residential Tenancies Act 2010:

(1)

Any proposal to sell the Property:  if ‘yes’ when: …………………………………  __ Yes __ No

(2)

Has a contract to sell the Property already been prepared:                               __ Yes __ No

(3)

Has a mortgagee taken action for possession of the Property:                          __ Yes __ No

(4)

Has the mortgagee commenced proceedings in a court to enforce a mortgage over the Property:

__ Yes __ No

2.

In accordance with section 26(1) of the Residential Tenancies Act 2010, Tthe Residential Tenancies Regulation 2010 prescribes the following as Material Facts in accordance with Section 26 (1) of the Residential Tenancies Act 2010:

(1)

the Property has been subject to flooding or bush fire in the preceding 5 years:

__ Yes __ No

(2)

the Property is are subject to significant health or safety risks that are not apparent to a reasonable person on inspection of the Property: (eg. Asbestos, lead paint, presence of mould)                                                                                                                  __ Yes __ No

(3)

the Property (of which the residential premises are a part) is listed in the LFAI Register

__ Yes __ No

(4)

the Property have been the scene of a serious violent crime within the preceding 5 years:          __ Yes __ No

(5)

council waste services will be provided to the tenant on a different basis than is generally applicable to residential premises within the area of the council:                     __ Yes __ No

(6)

that because of the zoning of the land, or other laws applying to development on the land, the tenant will not be able to obtain a residential parking permit (in an area where only paid parking is provided):                                                                                                __ Yes __ No

(7)

there exists  a driveway or walkway on the Property which other persons are legally entitled to

share with the tenant:                                                                                  __ Yes __ No

Please provide additional information where you have answered ‘yes’ to any of the above statements:

 

3.

LFAI Questionnaire

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

4.

Additional Matters not prescribed by the Residential Tenancies Regulation 2010: (if insufficient room, attach schedule)

(1)

Requirements of an Owner’s Corporation (if any) in addition to By-laws:

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

(2)

Any Requirements as to repair or servicing to property, chattels or services:

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

(3)

Details of any telephone &/or internet services available:

……………………………………………………………………………………………………….

 

Clause 1.1(7)

LFAI: means Loose-fill Asbestos Insulation.

 

Clause 1.1(8)

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 6.1

The Owner confirms having, at the time of entering into this Agreement, disclosed correct details to the Agent of all relevant and Material Facts relating to the Property and having complied with the requirements of Section 26 of the Residential Tenancies Act 2010 and Regulations relating thereto.

 

Clause 6.11

All dealings with a Tenant are to be communicated and dealt with through the Agent.

 

Clause 7

Owner’s Obligations Regarding the Property Tenancy

7.1

At the start of the tenancy the Owner must ensure, at its own cost:

(1)

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

(2)

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

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

(3)

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

(4)

after the Tenancy Agreement is signed sufficient keys to the Property are provided to the Agent and Tenant/s for each lock as provided in accordance with Section 70 of the Residential Tenancies Act 2010.

(5)

compliance with the Environmental Planning and Assessment Regulation 2000 Part 9, Division 7A (smoke alarms).

(6)

any swimming pool, on the 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.

7.2

While the tenancy continues the Owner must:

(1)

maintain the Property and inclusions in a reasonable state of repair.

(2)

keep any common area reasonably clean.

7.3

All dealings with a Tenant regarding the tenancy are to be communicated and dealt with through the Agent.

 

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)

The agent will inform tenants of the test results; and

(3)

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 19

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 v4.2

Copyright statement updated.

 

03 Sep 2014 v4.1

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 v4.0

Additions / Changes:

 

Item O

SWIMMING POOL                                                                                   Clauses 6.1, 6.7 & 7.1(6)

Swimming Pool   __ Yes  __ No   If 'Yes' >     Swimming Pool Registered                          __ Yes  __ No

                                                                   Valid Certificate of Compliance/Occupation   __ Yes  __ No

 

Clause 1.1(9)

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

 

Clause 7.1(6)

any swimming pool, on the 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 v3.9

Additions / Changes:

 

Clause 18

Privacy Statement

18.1

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.

18.2

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.

18.3

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)

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.

18.4

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

18.5

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.

18.6

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

 

01 Jan 2014 v3.8

Additions / Changes:


Item E(1)(18)

Respond to and represent the Principal where applications are made and/or proceedings are brought by a tenant before the Consumer, Trader and Tenancy Civil and Administrative Tribunal.


Clause 11

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

 

11 Sep 2012 v3.7

Additions / Changes:


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.  Provided however, in carrying out any such obligations the Agent acts only as Agent for the Principal.


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 18.2(2)

property data collection agencies; and/or

 

01 Jan 2012 v3.6

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 5.14

Where the Agent is authorised and directed to carry out perform the Principal’s duties in respect to smoke alarms (Item E(1)(19) 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. Provided 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:

 

02 Aug 2011 v3.5

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 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 5.11(1)

the Agent will be responsible for locating and introducing to the Principal suitable prospective tenants based on agreed established criteria for this type of selection so as to enable the Principal to make an informed decision as to the acceptability of the prospective tenants. Provided however, the Principal confirms it does not rely on the Agent to establish beyond the extent of the criteria, the credit worthiness of the Tenant.


Clause 6.4

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


Clause 16

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 17.4

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.

 

21 Feb 2011 v3.4

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.

(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 O

Section 26 (1) of the Residential Tenancies Act 2010  provides that  a Landlord or Landlord’s Agent must not induce a tenant to enter into a residential tenancy agreement by any statement, representation or promise that the Landlord or Agent knows to be false, misleading or deceptive or by knowingly concealing a material fact of a kind prescribed by the regulations. (See Item (O)(2))

1.

Disclosures Required under Section 26(2) of the Residential Tenancies Act 2010:

 

(1)  Any proposal to sell the Property:  if ‘yes’ when: ………….........………………....

(2)  Has a contract to sell the Property already been prepared:

(3)  Has a mortgagee taken action for possession of the Property:

(4)  Has the mortgagee commenced proceedings in a court to enforce a mortgage over the Property:

__ Yes  __ No

__ Yes  __ No

__ Yes  __ No

 

__ Yes  __ No

2.

The Residential Tenancies Regulation 2010 prescribes the following Material Facts in accordance with Section 26 (1) of the Residential Tenancies Act 2010:

 

(1)  the Property has been subject to flooding or bush fire in the preceding 5 years:

(2)  the Property are subject to significant health or safety risks that are not apparent to a reasonable person on inspection of the Property: (eg. Asbestos, lead paint, presence of mould)

(3)  the Property have been the scene of a serious violent crime within the preceding 5 years:

(4)  council waste services will be provided to the tenant on a different basis than is generally applicable to residential premises within the area of the council:

(5)  that because of the zoning of the land, or other laws applying to development on the land, the tenant will not be able to obtain a residential parking permit (in an area where only paid parking is provided):

(6) there exists a driveway or walkway on the Property which other persons are legally entitled to share with the tenant:

__ Yes  __ No

 

 

__ Yes  __ No

 

__ Yes  __ No

 

__ Yes  __ No

 

 

__ Yes  __ No

 

__ Yes  __ No

 

Please provide additional information where you have answered ‘yes’ to any of the above statements:

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

3.

Additional Matters not prescribed by the Residential Tenancies Regulation 2010: (if insufficient room, attach schedule)

(1)  Requirements of an Owner’s Corporation (if any) in addition to By-laws:

……………………………………………………………………………………………………………………..

(2)  Any Requirements as to repair or servicing to property, chattels or services:

……………………………………………………………………………………………………………………..

(3) Details of any telephone &/or internet services available:

……………………………………………………………………………………………………………………..


Clause 1.1(8)

Material Fact: A Material Fact has, where used in this Agreement, the meaning given to it by Section 52 of the Act and includes matters set out in Section 7 of the Residential Tenancies Regulation 2010.


Clause 2(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 in compliance with Section 26 of the Residential Tenancies Act 2010.


Clause 5.1

The Agent is authorised and directed, by the Principal in compliance with the Act and the Residential Tenancies Act 2010, to disclose all relevant and material facts in relation to the Property.


Clause 6.1

The Principal confirms having, at the time of entering into this Agreement, disclosed correct details to the Agent of all relevant and Material Facts relating to the Property and having complied with the requirements of Section 26 of the Residential Tenancies Act 2010.


Clause 17

17.1

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.

17.2

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.

17.3

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

17.4

The Principal has the right to request the Agent provide details of such information provided and also do all things reasonably necessary to amend or remove correct any inaccurate or out of date information.

 

31 Jan 2011 v3.3

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(1)(7)

__  Receive, lodge, claim and disburse Rental Bonds in accordance with the provisions of the Residential Tenancies Act 2010 Landlord and Tenant (Rental Bonds) Act 1977


Item E(1)(19)

__  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 5.13)


Item N

A Tenant can only be charged the full Water Consumption Charges if the Premises contains the prescribed water efficiency measures detailed in Section 11 of the Residential Tenancies Regulation 2010.

Tick the option that will apply to Tenants renting the Premises:

__

The Tenant is required to pay the Water Consumption Charges for the Property

(this can only be ticked if the following points are true):

- The Premises is separately metered or the Premises is not connect to a water supply service & water is delivered by vehicle; &

- The Property contains Water Efficiency measures (see the Residential Tenancies Regulation); &

- The charges do not exceed the amount payable by the Landlord for water used by the Tenant.

__

The Tenant is not required to pay the Water Consumption Charges for the Property


Item O

ADDITIONAL INSTRUCTIONS


Item P 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 Q

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 R

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 5.13

Where the Agent is authorised to perform the Principal’s duties in respect to smoke alarms (Item E(1)(19) the Agent reserves the right to employ the services of a licensed tradesperson and bill the cost thereof to the Principal.


Clause 7.1(4)

after the Tenancy Agreement is signed sufficient keys to the Property are provided to the Agent and Tenant/s for each lock as provided in accordance with Section 29 of the Residential Tenancies Act 2010.


Clause 7.1(5)

compliance with the Environmental Planning and Assessment Regulation 2000 Part 9, Division 7A (smoke alarms).


Clause 9.1(e)

the Tenant’s failure to comply with his/her obligations under the Residential Tenancies Act 2010 and or other relevant acts and legislation; or


Clause 9.1(g)

any loss arising from injury to person or damage to property howsoever caused.


Clause 14

Receipt and disposal of rental bonds shall be carried out in accordance with the provisions of the Residential Tenancies Act 2010 Landlord and Tenant (Rental Bonds) Act, 1977 as required.


Clause 16

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 Apr 2010 v3.2

Additions / Changes:


Item G

Letting Lease Renewal Fee


Clause 6.8

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


Clause 16

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, 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 v3.1

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 v3.0

Additions / Changes:


Clause 6.11

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

 

17 Aug 2009 v2.9

Additions / Changes:


Item M

Statements

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



Send to:

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




__ Other

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





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





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


Clause 6.1

The Principal confirms having at the time of entering into this Agreement disclosed correct details to the Agent of all relevant and Material Facts relating to the Property.


Clause 6.2

The Principal will at all times during the currency of this Agreement keep the Agent advised of and disclose to the Agent in writing details of all relevant and Material Facts and changes thereto about the Property.


Clause 6.7

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 16

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 17

17.1

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.

17.2

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 v2.7

Additions / Changes:


Clause 1.1(8)

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 v2.6

Additions / Changes:


Item G

Grid Header

Description of Service/Fee

Fee (GST Inclusive)

*Due and Payable

 


Item G

Note

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


Item H

Grid Header

Description of Expense

Amount (GST Inclusive)

*Due and Payable

 

20 Dec 2007 v2.5

Additions / Changes:


Item 3

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

{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}


Item 4

The Agent must, as soon as practicable after entering into this Agreement, prepare and give to the Principal this inspection report for the Property. (see Schedule 3, Part 2, Clause 8 of the PS&BA Regulation 2003)


Clause 5.1

The Agent is authorised and directed, by the Principal, to disclose all relevant and material facts in relation to the Property.


Clause 5.2

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.


Clause 6.1

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


Clause 6.3

There is a positive obligation on the Principal to disclose relevant and material facts. Any failure to disclose information known to the Principal which may detract from the letting of the Property will be a breach of this Agreement.


Clause 7.1

At the start of the tenancy the Principal must ensure:

(1)

the Property and inclusions are reasonably clean and comply with local and state authority building and environmental planning and assessment legislation.

(2)

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

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

(3)

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

(4)

after the Tenancy Agreement is signed sufficient provide keys to the Property are provided to the Agent and Tenant/s for each lock as provided in accordance with section 29 of the Residential Tenancies Act 1987.

(5)

compliance with the Environmental Planning and Assessment Regulation 2000 Division 7A (smoke alarms).


Clause 8.6

The Agent shall be entitled to a Letting Fee should the Agent introduce a tenant during the term of this Agreement, provided however no Letting Fee will be payable in cases where the Principal, after the expiration of this Agreement, has subsequently entered into a separate Exclusive Leasing Agreement.


Clause 8.8

The Principal acknowledges before entering into this Agreement the Agent has provided a printed guide of the Agent’s Fees and Commissions and to the Expenses for which the Agent will require to be reimbursed.


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 prompt and appropriate authority or instruction to carry out an instruction or authority; or

(d)

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

(e)

the Tenant’s failure to comply with his/her obligations under the Residential Tenancies Act 1987 and/or other relevant acts and legislation; or

(f)

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

This means The Agent will be indemnified compensated by the Principal in respect of for such 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. in respect to this clause.

 

05 Apr 2007 v2.4

Additions / Changes:


Item N

The Agent is / is not authorised to conjunct with other agents for a Conjunctional Leasing of the Property for the duration of this Agreement. If so Commission is:

 

Commission Apportionment as a %: (If not completed Commission will be apportioned equally)

 

Appointment Agent: ...........................  Conjuncting Agent: ..................................

 

01 Sept 2006 v2.0

Additions / Changes:


Clause 7.1(c)

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

 

11 Jan 2006 v1.9

Additions / Changes:


Clause 14

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, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).

 

04 Sept 2005 v1.8

Additions / Changes:


Item 5.2

Rent Paid: .............................................. per weekly / fortnightly / monthly  in advance


Item 6

6.1 The Property is to be advertised/promoted in the following way:

6.2 Expenditure under this item is not to exceed .......................... per letting.


Item 12

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


Item 13

13.1 Rent

13.2 Statements


Clause 6.1

At the start of the tenancy the Principal must ensure:

 

(1)

the Property and inclusions are reasonably clean.

 

(2)

the Property are safe and 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.

 

(3)

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

 

(4)

after the Tenancy Agreement is signed provide keys to the Property to the Agent and tenant/s for each lock as provided in accordance with section 29 of the Residential Tenancies Act 1987.

 

30 Mar 2005 v1.7

Additions / Changes:


Item 7

Subsequent Letting Fee (not a renewal)

 

Add row Letting Renewal Fee

 

17 Mar 2005 v1.6

Additions / Changes:


Clause 13

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.

 

15 Sept 2004 v1.5

Additions / Changes:


Item 5.6

Inspections of the Property may be carried out by prospective Tenants under the following circumstances: ………………………


Item 7

Attendance in accordance with Item 5.6

 

Where attendance in accordance with Item 5.6 has been deleted insert:

Preparation of case in respect to Item 5.7 (6) & 5.7 (7)

 

And underneath that insert:

Tribunal attendance in respect to Items 5.7(6) and 5.7 (7)

 

Insert clause reference 4.3


Item 8

Insert under administration expenses:

Application for tribunal or court order in respect to Items 5.7 (6) & 5.7 (7)

 

Insert clause reference 4.3

 

16 Aug 2004 v1.4

Additions / Changes:


Clause 5.5

The Client must obtain and maintain the insurance policies listed in Item E of the Items Schedule, and the Client must upon request, provide certificates annually for each insurance policy confirming the currency of such policies.


Clause 5.6

The Client must have legal/public liability insurance and be covered for a minimum of 10 million dollars. Such policy must be maintained for the term of this Agreement and the Client must upon request provide a certificate annually confirming the currency of such policy.


Clause 6.1(4)

after the Tenancy Agreement is signed provide keys to the Property to the Agent and tenant/s for each lock as proved in accordance with section 29 of the Residential Tenancies Act 1987.


Clause 7.2

The Principal must meet the requirements of all relevant acts, legislation, by-laws, rules and regulations local, state and federal.

 

20 July 2004 v1.3

Additions / Changes:


Item 12

Note: The Agent is not authorised to acquire the financial product or advise on such product (unless licensed to do so in accordance with the Financial Services Reform Act 2001)