Short-term Rental Agreement - AUNSWREPM048

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

 

22 Jul 2020 v1.6

Additions / Changes:

 

Heading

SHORT-TERM RENTAL HOLIDAY LETTING AGREEMENT

 

Clause 1

In this Short-term Rental Holiday Letting Agreement the following terms mean:

(1)

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.

(2)

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

(2)

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

(3)

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

 

Clause 2

The Occupant/s will throughout the Term of this Agreement:

(2)

use the Premises for holiday accommodation purposes only and not use the Premises for any unlawful activities.

 

Clause 6 Title

Breach of Rental Letting Agreement

 

Clause 7 Title

End of Rental Agreement Term Occupancy

 

10 Apr 2020 v1.5

Additions / Changes:

 

Heading

HOLIDAY PREMISES LETTING LEASE AGREEMENT

 

Item 1

Landlord: ……………………………..………………………………………………………………………………

Letting Landlord’s Agent: ………………………….………………………………………………………………

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

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

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

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

 

Item 3

TERM   Note: The term of this Agreement must be for a specified period of not more than three months.

Term: …………………………………………………………………………………………………………………

Starting on: …… / …... / …… at: ………… am / pm   Ending on: …… / …... / …… at:……… am / pm

 

Item 11

CODE OF CONDUCT

The Letting Agent must ensure that a copy of the Short-term Rental Accommodation Industry Code of Conduct is readily available to the Occupant prior to entering into this Agreement.

 

Clause 1

In this Holiday Letting Lease Agreement the following terms mean:

(1)

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.

(2)

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

(3)

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

 

Clause 2

The Occupant/s will throughout the Lease Term of this Agreement:

(11)

be liable for any loss or damage arising out of this the Agreement Lease, to the Premises and/or inclusions including lost keys.

(15)

adhere to the terms of this Lease Agreement.

 

Clause 5

Where the Premises are listed for sale during the term of this Lease Agreement the Landlord/Agent may by appointment at reasonable times, access the Premises with prospective purchasers.

 

Clause 6

Breach of Letting Lease Agreement

6.1

If the Occupant(s) is in breach of its obligations under this Lease Agreement the Landlord/Agent may, without limiting other remedies, terminate this Agreement and/or re-enter and take possession of the Premises and claim any reasonable costs and/or expenses incurred in rectifying the breach and retaking possession.

 

Clause 7

At the end of the Lease Term of this Agreement the Occupant/s must vacate the Premises and:

(1)

remove all the Occupant’s personal property. Personal property not removed upon vacating the Premises shall be deemed abandoned and may be dealt with by the Landlord/Agent in any way the Landlord/Agent considers appropriate without obligation to account to the Occupant/s.

(2)

leave the Premises and inclusions in a clean and reasonable state of repair having regard to the condition of the Premises at the start of the Lease Term of this Agreement.

(3)

return all keys and other security devices and access codes to the Landlord/Agent unless alternative arrangements have been agreed to.  Failure to return keys and other security devices may incur a charge.

 

Clause 8

Any Additional Conditions to this Lease Agreement shall form part of this Agreement. Should there be inconsistency between these Terms of Agreement and an Additional Condition, the Additional Condition shall apply.

 

Clause 9.3

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

(1)

the Landlord of the Premises to which this Lease Agreement applies, insofar as such information is relevant to the managing and/or leasing of the Premises; and/or

 

Clause 9.5

Without provision of certain information the Agent may not be able to act effectively or at all in the administration of this Lease Agreement.

 

Clause 10

Upon signing this Lease 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 Lease Agreement.

 

05 Sep 2019 v1.4

Additions / Changes:

 

All instances of '&' changed to 'and'.

 

Item 1

Landlord: ……………………………..………………………………………………………………………………

Landlord’s Agent: …………………………..……………………………………………………………………….

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

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

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

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

 

Clause 1

Definitions

In this Lease Agreement the following terms mean:

(1)

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.

(2)

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

 

Clause 9

Privacy Statement

9.1

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

9.2

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

9.3

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


(1)

the Landlord of the Premises to which this Lease Agreement applies, insofar as such information is relevant to the managing and/or leasing of the Premises; and/or


(2)

tenancy databases for the purposes of enabling a proper assessment of the risk in providing you with the tenancy lease and if applicable listing tenancy agreement breaches; and/or


(3)

previous managing agents or landlords and nominated Rreferees to confirm information provided by you; and/or


(4)

tradespeople and similar contractors engaged by the Landlord/Agent in order to facilitate the carrying out of works with respect to the Premises; and/or


(5)

the lLandlord’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Agent relating to the administration of the Premises and use of the Agent’s services; and/or


(6)

a utility connection provider where you request the Agent to facilitate the connection and/or disconnection of your utility services; and/or


(7)

Owners Corporations.

9.4

Documents or copies of documents provided to establish the identity of the Occupant/s or persons entitled to deal on behalf of the Occupant/s, will be retained by the Agent in accordance with the Australian Privacy Principles and will not be used for any purpose other than confirming the identity of such person/s.

9.5

Without provision of certain information the Agent may not be able to act effectively or at all in the administration of this Lease Agreement.

9.6

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

9.7

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

 

Clause 10

Data Collection

Upon signing this Lease 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 Lease Agreement.

 

11 Jun 2015 v1.3

Copyright statement updated.

 

29 Apr 2014 v1.2

Additions / Changes:

 

Clause 2

Landlord’s Obligations Regarding the Swimming Pool

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

(a)

is registered;

(b)

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

(c)

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

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

 

12 Mar 2014 v1.1

Additions / Changes:

 

Clause 7

Privacy Statement

7.1

The Agent collects and uses personal information provided by you as the Occupant to provide 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.

7.2

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

7.3

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

(1)

the Landlord of the Premises to which this Lease Agreement applies; &/ or

(2)

tenancy databases for the purposes of enabling a proper assessment of properly assessing the risk in providing you with the lease Agreement and if applicable listing tenancy agreement breaches; &/or

(3)

tradespeople and similar contractors engaged by the Landlord/Agent in order to facilitate the carrying out of works with respect to the Premises; &/or

(4)

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

the landlord’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Agent relating to the administration of the Premises and use of the Agent’s services.

(5)

Owners Corporations

7.4

Without provision of certain information the Agent may not be able to act effectively or at all in the administration of this Agreement.  

7.5

The Occupant/s have the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

7.6

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