Landlord's Instruction Form - AUVICREPM014

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

 

30 May 2019 v2.0

Additions / Changes:

All instances of 'Fax' removed.

 

7 May 2018 v1.9

Additions / Changes:

 

Item 4

Rent

Payment Period: weekly/fortnightly/monthly

Payable to: __ Landlord __ Bank/Building Society (tick only one)

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

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

Statements

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

Send to: __ Landlord   OR   __ Other   via   __ Post   OR   __ Email

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

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

 

Item 4

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 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: ..……………..……………………………………………………………….

__ Landlord

Issue By:  __ Post  __ Email

__ Other

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

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

 

Item 10

By signing this Instruction Form the Landlord/s acknowledge and confirm:

the information set out in this form is true and correct

this Instruction Form forms part of the Exclusive/General Leasing and/or Managing Agency Authority (Authority)

 

Signature of Landlord(s)             Date:                                                            Date:

 

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

 

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

 

Landlord: ………………………………………………………… Date: …… / …… / ……

 

Landlord: ………………………………………………………… Date: …… / …… / ……

 

Landlord: ………………………………………………………… Date: …… / …… / ……

 

Landlord: ………………………………………………………… Date: …… / …… / ……

 

24 Jul 2017 v1.8

Additions / Changes:

 

Item 4

Rent

Payment Period: weekly/fortnightly/monthly/annually

Payable to: __ Landlord __ Bank/Building Society __ Agent’s Trust Account (tick only one)

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

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

Statements

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

Send to: __ Landlord   OR   __ Other   via   __ Post   OR   __ Email

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

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

 

18 May 2016 v1.7

Additions / Changes:


Item 2

LANDLORD

Name/s:………………………………………………………………………………………………………………..
Address:………………………………………………………………………………………………………………..
ABN:………………… Phone: (…)…………………. Fax: (…)…………………. Mobile: …………………
Email:………………………………………………….……………………………... GST Registered: Yes/No

Proof of ownership documents attached if any: ..…………………………………………………………………...

Other:

 


Item 3

PROPERTY

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

Permitted Number of Occupants: …… Availability Date: …… / …… / …… Lease Term Preference: ………..

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


Item 6

SERVICE / MAINTENANCE

Effect repairs and maintenance to the Property with/without the Landlord’s Consent:

(1)

Urgent matters – Maximum Expenditure not greater than $ ……………………………. (inc GST)

(2)

Non Urgent matters - Maximum Expenditure not greater than $ ……………………….. (inc GST)

Alternative Emergency Contact: …………………………………………………………..………………………..

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


Item 8

BODY CORPORATE

Managing Agent: ……………………………………………………………………   Phone: (…)………….……….

Address:            ……………………………………………………………………   Fax:     (…)………….……….

                         ……………………………………………………………………  Mobile:  .….………….……...

Email:                ………………………………….…………   Strata Plan No.: ………………   Lot No.: .….….

Agent to attend Body Corporate meetings on behalf of the Landlord: __ Yes __ No

Other:

 


Item 9

EMERGENCY CONTACT

Name:     ………...…………………………………………………………   Phone (H): (…)………….…………

Address: ………...…………………………………………………………   Phone (W): (…)………….…………

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


Item 10

AGENT’S SERVICES

The Landlord appoints the Agent to perform the following services: [Tick authorised option/s]

(1)

__  Letting/Leasing of the Property

(2)

__ Collection of Rent

(3)

__ Re-letting the Property in accordance with the Principal’s instructions to the initial Tenant/s or new Tenants.

(4)

__ Duties involving the management of the Property

(5)

__ Effect repairs to the Property to a Maximum Expenditure not greater than the amount specified in Item (6).

(6)

__ ………………………………………………………………………..……………………………………..

(7)

__ ………………………………………………………………………..……………………………………..

(8)

__ ………………………………………………………………………..……………………………………..


Item 9

ADDITIONAL INSTRUCTIONS CONDITIONS

 


Item 11

TERMINATION

Either party may terminate the Authority on the giving of not less than ………. days written notice to the other. Such termination will be without prejudice to either parties existing rights, duties or obligations.


Item 10

SIGNATURES

By signing this Instruction Form the Landlord/s acknowledge and confirm:

the information set out in this form is true and correct

they have read and agree to the Terms and Conditions set out in this form.

this Instruction Form forms part of the Exclusive/General Leasing and/or Managing Agency Authority (Authority)

 

Landlord: …………………………………………………………………………………  Date: …… / …… / ……

 

Landlord: …………………………………………………………………………………  Date: …… / …… / ……

 

Landlord: …………………………………………………………………………………  Date: …… / …… / ……

 

Landlord: …………………………………………………………………………………  Date: …… / …… / ……


Clause 1

Landlord’s Obligations Regarding Tenancy

1.1

The Landlord must ensure, at their own cost:

(1)

at the commencement of any Tenancy Agreement the Property and inclusions are clean and comply with local and state authority building and other relevant legislation.

(2)

during the term of any Tenancy Agreement:

(1)

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

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

(2)

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

(3)

sufficient keys to the Property are provided to the Agent and Tenant/s for each lock

(4)

the Property is treated as necessary by a licensed pest  controller.


Clause 2

Landlord’s Obligations and Authority

2.1

The Landlord warrants it is the owner of the Property and has full authority to enter into all Tenancy Agreements.

2.2

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

2.3

The Landlord must obtain and maintain the insurance policies listed in Item (5.1) and the Landlord must upon request, provide certificates annually for each insurance policy confirming the currency of such policies.

2.4

The Landlord must have public liability insurance and be covered for a minimum of 10 million dollars. Such policy must be maintained for the term of the Authority and the Landlord must upon request, provide a certificate annually confirming the currency of such policy.

2.5

The Landlord will at all times during the currency of the Authority keep the Agent advised of and disclose to the Agent in writing all details of any defects or want of repair to the Property likely to result in or cause injury to persons occupying, entering upon or using the Property.  

2.6

The Landlord understands that where urgent repairs are required to be carried out, the Tenant may, in accordance with Section 72 of the Residential Tenancies Act 1997, carry out such repairs up to a limit of $1800 including GST, and in such circumstances the Tenant is entitled to be reimbursed.


Clause 3

Fees, Charges and Expenses

3.1

The Landlord will pay all Fees and Charges as outlined in Items (5), (6) and (9) together with the Agent’s Fees as set out in the Authority.  The Landlord authorises the Agent, whilst the Authority is in force and provided the Agent is not in breach of the Authority, to deduct from monies received by the Agent on behalf of the Landlord, all such Fees, Commissions and Expenses.

3.2

In respect to Clause 3.1 it is the Landlord’s responsibility to change the address for accounts detailed in Item (5).


Clause 4

Agent’s Obligations and Authority

4.1

In accordance with the appointment set out in Item (10) the Agent will:

(1)

subject to the Residential Tenancies Act 1997 and any other applicable legislation, negotiate, finalise and where necessary, execute on behalf of the Landlord any Tenancy Agreement or any amendments or variations thereto, including any other documents in relation to the tenancy arising from the Authority.

(2)

collect and receive all monies payable (Rent, bond and otherwise) under any Tenancy Agreement entered into pursuant to the Authority.

(3)

make all payments required under and in accordance with the Authority and which the Agent may have an obligation to make as the Landlord's Agent.

4.2

The Agent is authorised to apply to the Residential Tenancies Bond Authority for payment of the Tenant’s bond to recover all monies including unpaid rent under the Tenancy Agreement relevant to the Property.

4.3

The Agent will take reasonable steps to ensure goods and services obtained for the Landlord are at competitive prices.

4.4

(1)

The Agent must provide financial statements and account to the Landlord with respect to monies collected, received, paid or used by the Agent in carrying out the Agent’s obligations under this Authority.

(2)

The Agent will issue tax invoices when necessary or required by the Landlord, in respect of all monies owing by the Landlord to the Agent.


Clause 5

Trades People

Where required or necessary in the organisation of repairs, service and maintenance the parties must, utilise where appropriate, a licensed trades person as detailed in Item (7) or as otherwise agreed between the parties.  


Clause 6

Indemnity

The Landlord indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses (including Fees and Expenses) which the Agent may suffer or incur in respect of the Landlord’s failure to give the Agent appropriate authority or instruction, or sufficient funds to carry out an instruction or authority on the Landlord’s behalf.

 

11 Jun 2015 v1.6

Copyright statement updated.

 

31 Aug 2011 v1.5

Additions / Changes:

Clause 2.6

The Landlord understands that where urgent repairs are required to be carried out, the Tenant may, in accordance with Section 72 of the Residential Tenancies Act 1997, carry out such repairs up to a limit of $1800 including GST limit, in accordance with Section 72 of the Residential Tenancies Act 1997 and in such circumstances the Tenant is will need entitled to be reimbursed.

Clause 3.1

The Landlord will pay all Fees and Charges as outlined in Items (5), (6) and (9) of the Item Schedule together with the Agent’s Fees as set out in the Authority.  The Landlord authorises the Agent, whilst the Authority is in force and provided the Agent is not in breach of the Authority, to deduct from monies received by the Agent on behalf of the Landlord, all such Fees, Commissions and Expenses.

Clause 5

Where required or necessary in the organisation of repairs, service and maintenance the parties must, utilise where appropriate, a licensed trades person as detailed in Item (7) of the Item Schedule or as otherwise agreed between the parties.  

 

15 Jul 2010 v1.4

Additions / Changes:


Item 11

Either party may terminate this Authority on the giving of not less than ………. days written notice to the other. Such termination will be without prejudice to either parties existing rights, duties or obligations.

 

19 Apr 2010 v1.3

Additions / Changes:


Clause 4.3

The Agent makes no representation as to being a financial or investment advisor.


Clause 4.4(2)

The Agent will issue tax invoices when necessary or required by the Landlord, in respect of all monies owing by the Landlord to the Agent.


Clause 6

The Landlord indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses (including Fees and Expenses) which the Agent may suffer or incur arising out of or in respect of the Landlord’s failure to give the Agent appropriate authority or instruction, or sufficient funds to carry out an instruction or authority on the Landlord’s behalf.

 

11 Dec 2008 v1.2

Additions / Changes:


Clause 2.5

The Landlord will at all times during the currency of the Authority keep the Agent advised of and disclose to the Agent in writing all details of any defects or want of repair to the Property likely to result in or cause injury to persons occupying, entering upon or using the Property. relevant and material facts and changes thereto about the Property.


Clause 3.1

The Landlord will pay all Fees and Charges as outlined in Items (5), (6) and (9) of the Item Schedule together with the Agent’s Fees as set out in the Authority. The Landlord authorises the Agent, whilst the Authority is in force and provided the Agent is not in breach of the Authority, the Agent to deduct from monies received by the Agent on behalf of the Landlord, all such Fees, Commissions and Expenses. all such Fees, Charges, Expenses and other outlays owing to or incurred by the Agent in association with the Authority where possible from rent collected.