Exclusive Management Agency Agreement - Multiple Owners - AUNSWREPM033

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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 deleted.

 

30 May 2016 v2.4

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 v2.3

Copyright statement updated.

 

03 Sep 2014 v2.2

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 v2.1

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 v2.0

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 v1.9

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 v1.8

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 18.2(2)

property data collection agencies; and/or

 

01 Jan 2012 v1.7

Additions / Changes:


Clause 5.13

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 5.14

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 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 v1.6

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 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 v1.5

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.

(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 v1.4

Additions / Changes:


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 v1.3

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 v1.2

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 v1.1

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.