Exclusive Leasing and Managing Appointment of Agent - AUWAREPM028 and AUWAREPM031

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

 

28 Feb 2019

AU-WA-RE-PM-028 v2.4

AU-WA-RE-PM-031 v2.4

Additions / Changes:

 

Form Heading

Exclusive Leasing AND Managing Appointment of Agent

(Residential)

(This Appointment should be signed, & a copy retained by the Landlord prior to signing a residential tenancy agreement)

(Note: Where there is insufficient space in any Item place details in an Annexure and refer to the Annexure in the Item - e.g. ‘Refer Additional Expenses Annexure’.)

 

Item 1.1

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

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

ABN: …………………… Phone: (…)………………… Fax: (…)………………… Mobile: ……………………

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

Additional Parties Annexure attached:  __ Yes  __ No

 

Item 1.2

Alternative Contact: (Note: Power of Attorney ceases on the grantor’s death Provide copy of Power of Attorney if appropriate)

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

Address: ………………………………………………………………………………………………………………

Basis of lawful authority (eg. Power of Attorney; Probate): …………………………………………………….

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

 

Item 1.3

Was the Property, during the whole of the 3 months immediately preceding the entering into of a tenancy agreement, the Landlord’s principal private residence: __ Yes __ No

 

Item 2

AGENT         (Where the Agent is a corporate licensee include the corporation licence number)

Licensee: …………………………………………………………………………………………………………….

Name/s: ………………………………………………………………………………………………………………

Business Address: …………………………………………………………………………………………………

Service of Documents Address: …………………………………………………………………..………………

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

Contact: …………………………………………………………… Licence Triennial No.: ...…….……………..

Email: ………………… Licensed: Real Estate & Business Agent/Real Estate Agent/Business Agent

 

Item 3

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

Lot: ………… on Deposited Plan/Survey Plan/Strata Plan/Survey-Strata Plan/Diagram ……………

Certificate of Title Reference: ……………… Volume: …………………………… Folio: ……………………..

Local Government: ……………………………………………………………….. __ Furnished __ Unfurnished

 

Item 4

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

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

Service of notices/ invoices to: …………………………………………………………………………………….

Secretary/Manager: ………………………………………………………………... Phone: (…).……………….

Registered amendments to Standard , deletions or additions to Section 42(2) By-Laws: __ Yes __ No  If ‘Yes’ attach By-Laws

 

Item 5

5.1

Thise Exclusive Period of this Appointment commences on …..……………… and concludes on …………………… (Appointment End Date) unless extended in writing by the Landlord.

5.2

At the conclusion of the appointment period specified in Item 5.1 the Landlord agrees/disagrees to extend this Appointment as an ongoing Exclusive Appointment until terminated by either party giving 28 days notice in writing.

Note: Where the Landlord ‘disagrees’ above they may at any time during the term of the Appointment (Item 5.1) ‘agree’ to this item by giving notice in writing to the Agent.

5.2

(1)

On the conclusion of the Exclusive Period (Item 5.1) this Appointment will/will not continue on a periodic basis until terminated in writing by either party


(2)

Such termination will be without prejudice to either party’s existing rights, duties or obligations and will take place on the giving of not less than ………… days written notice. (If no period is inserted, 28 days applies)

5.3

(1)

Should the Landlord during the term of the Appointment fail to properly terminate this Appointment, the Landlord agrees to pay to the Agent an Early Termination Penalty as specified below which both parties agree will be a fair and equitable estimate of damages with respect to termination of this Appointment.


(2)

Early Termination Penalty: ………% (if no % is specified, 50%) of any unpaid Management Fee up to and including the date of termination.

 

Item 6

AGENT’S AUTHORITY PERFORMANCE OF SERVICE   [Tick authorised option/s]

The Landlord authorises the Agent to undertake the following management, administration and letting duties:

[Tick authorised options – if an option is not ticked it is not authorised]

(1)

__

Make inquiries regarding prospective tenants and obtain and verify references

(2)

__

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



(a)

where the Property is not tenanted, in accordance with the Landlord’s instructions



(b)

where the Property is tenanted, in accordance with the Landlord’s instructions and subject to the provisions of the tenancy agreement and the Tenancy Act.

(3)

__

Locate and select Tenant/s (including in the case of assignment or subletting)

(4)

__

Negotiate, prepare and sign tenancy agreements and any required ancillary documents (See Clause 4.8)

(5)

__

Collect rent and other monies due in accordance with the tenancy agreement

(6)

__

Issue receipts and/or tax invoices for monies received from the Tenants pursuant to tenancy agreements

(7)

__

Receive, lodge, claim and disburse security bonds in accordance with the provisions of the Tenancy Act

(8)

__

Review rent in accordance with any existing tenancy agreement and with respect to any new or renewed tenancy agreements

(9)

__

Pay Fees and Charges including payments authorised in accordance with Clause 4.13

(10)

__

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

(11)

__

Effect repairs and maintenance to the Property to a Maximum Pre-approved Maintenance Expenditure not greater than .................. (incl. GST) per occasion  Landlord Initials: ……

(12)

__

From time to time engage tradespersons as may be necessary

(13)

__

Prepare and maintain an inventory of fixtures, fittings and chattels

If ticked ‘yes’, inventory to be carried out: ……………………………………………………...

(14)

__

Carry out routine inspections of the Property every …………… weeks/ months (see Clause 9.2)

(15)

__

Advertise the Property for letting or re-letting in accordance with Item 13.1

(16)

__

Prepare and proceed with any applications arising under the Tenancy Act including applications necessary for the recovery of possession and recovery of monies due

(17)

__

Serve notices in relation to any breach or termination of a tenancy agreement or as otherwise required by the Tenancy Act

(18)

__

Respond to and represent the Landlord where applications are made and/or proceedings are brought by a Tenant before the Magistrates Court of Western Australia or other relevant authority

(19)

__

At the end of the tenancy agreement or upon the Property becoming vacant, re-let the Property in accordance with this Appointment and otherwise as the Landlord instructs

(20)

__

Deposit monies received with respect to the letting to the Agent’s trust account on behalf of the Landlord

(21)

__

Management, letting and administration duties as more particularly set out in the Terms of Appointment

(21)

__

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

(22)

__

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

(23)

__

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

(24)

__

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

 

Item 8

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 8

RENT AND STATEMENTS

Agent Statements

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


Send to:

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



__ ………………………………………………………………………………………

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

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

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

Payment to Landlord

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

 

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

 

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

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

The Agent is authorised to deduct Fees, Payments and Expenses from the rental monies.

 

Item 12

The Fee Payable will be calculated using one of the Fee Methods set out in sub-item (b) for each fee type:

Note: Where the Fee Method (sub-item (b) for each fee type) is expressed as a percentage the Fee Amount (sub-item (c) for each fee type) is an estimated amount calculated on the Rent Amount (Item 12.1) and the actual fee for the service will be worked out only on the actual rental for the property.

12.1

Rent Amount: $ …………………………….. Per Week/Fortnight/Month/Year

12.2

Management Fee

a. Payable:       Weekly/Fortnightly/Monthly/Yearly

b. Fee Method:   __ ………… % (incl. GST) of gross rent collected in the Payable period specified          (tick only one)     in Item 12.2(a)

                        __ Fixed Amount of $ ……………….. (incl. GST)

                        __ Other: ……………………………………………………………………………

c. Fee Amount:  $ …………. plus GST of $ …………. Total Payable: $ ………….. (incl. GST)

Landlord agrees to the Management Fee being charged as indicated above.

Landlord Initials: ………………

12.3

Letting Fee:  

a. Payable:        On Invoice

b. Fee Method:   __ ………… % (incl. GST) of one Week’s/Fortnight’s/Month’s/Year’s rent

  (tick only one) __ Fixed Amount of $ ……………….. (incl. GST)

                        __ Other: ……………………………………………………………………………

c. Fee Amount:  $ …………. plus GST of $ …………. Total Payable: $ ………….. (incl. GST)

Landlord agrees to the Letting Fee being charged as indicated above.

Landlord Initials: ………………

12.4

Lease Renewal Fee:

a. Payable:        On Invoice

b. Fee Method:   __ ………… % (incl. GST) of one Week’s/Fortnight’s/Month’s/Year’s rent

  (tick only one) __ Fixed Amount of $ ……………….. (incl. GST)

                        __ Other: ……………………………………………………………………………

c. Fee Amount:  $ …………. plus GST of $ …………. Total Payable: $ ………….. (incl. GST)

Landlord agrees to the Lease Renewal Fee being charged as indicated above.

Landlord Initials: ………………

 

Item 12

12.1

Management Fee:

The Agent’s Management Fee will be calculated using one of the following methods:

[Tick only one]

__ …………%  of the sum of all  gross monies collected*

*Fee expressed as an actual dollar amount on gross monies collected of $ ……………….would be:

Management Fee: $ …………. plus GST of $ …….…. Total Fee Payable: $ …….….. (incl. GST)

__ Fixed Fee of $ …………... plus GST of $ …….……. Total Fee Payable: $ …...…… (incl. GST)

__ Other: …………………………………………………………………………………………………………

Landlord agrees to the Management Fee being charged as indicated above.

Landlord Initials: ………………

12.2

Letting Fee:

The Agent’s Letting Fee will be calculated using one of the following methods:

[Tick only one]

__ ………% of $ …………………… *(being the gross annual rent)

*Fee expressed as an actual dollar amount would be:

Letting Fee: $ ……………. plus GST of $ ……….…. Total Fee Payable: $ ………….. (incl. GST)

__ Fixed Fee of $ …………... plus GST of $ …….……. Total Fee Payable: $ …...…… (incl. GST)

__ Other: …………………………………………………………………………………………………………

Landlord agrees to the Letting Fee being charged as indicated above.

Landlord Initials: ………………

12.3

Lease Renewal Fee:

The Agent’s Lease Renewal Fee will be calculated using one of the following methods:

[Tick only one]

__ ………%  of $................................* (being the gross annual rent)

*Fee expressed as an actual dollar amount would be:

Lease Renewal Fee: $ …….…. plus GST of $ ………… Total Fee Payable: $ ………. (incl. GST)

__ Fixed Fee of $ …………... plus GST of $ …….……. Total Fee Payable: $ …...…… (incl. GST)

__ Other: …………………………………………………………………………………………………………

Landlord agrees to the Lease Renewal Fee being charged as indicated above.

Landlord Initials: ………………

 

Item 13.2

The Landlord agrees to pay or reimburse the Agent the amounts listed as follows and/or as outlined in any attached annexures schedules  forming part of this Appointment:  (initial where applicable)

Description of Expense

(if insufficient room, attach schedule annexure)

Amount and Method for Calculating

(eg. $ per hour)

(Amounts are inclusive of GST)

Monies Payable and Date Due

Landlord Agrees (Initial)

Agent’s Code of Conduct Article 20(2) - advertising costs (see Clause 7.4)

maximum of $ ……………..….

 

 

Advertising/ marketing as per Item 13.1

maximum of $ ……………..….

 

 

Entry Condition Reports


 

 

Exit Condition Reports


 

 

Routine Inspections


 

 

Postage and Petties


 

 

Bank Charges


 

 

Preparation and Attendance before a Court or Tribunal


 

 



 

 



 

 



 

 

 

Item 14 Heading

DISPUTES MAKING A COMPLAINT

 

Item 16

RESIDUAL CURRENT DEVICES / SMOKE ALARMS INSTALLED ON THE PROPERTY

16.1

Residual Current Devices (RCDs): not less than 2 RCDs are installed in relation to the Property in compliance with the Electricity Regulations 1947:                                      __ Yes __ No

({The Electricity Regulation 1947 requires, subject to certain exemptions, that Residential premises must have at least 2 RCDs installed before being leased.})

16.2

Smoke Alarms: are installed on the Property in compliance accordance with the Building Regulations 2012:                                                                                   __ Yes __ No

(Owners of all houses and units (domestic dwellings) being sold or rented in Western Australia must install and maintain smoke alarms in compliance with Section 60(2) of the Building Regulations 2012 as amended.)


 

Item 17

ADDITIONAL INSTRUCTIONS

 

 

Item 18

SPECIAL CONDITIONS (if insufficient space attach schedule)

 

 

Item 19

SIGNATURES (This Appointment should be signed, and a copy retained by the Landlord prior to signing a residential tenancy agreement)

By signing below the parties acknowledge and confirm having read and understood this Appointment.

Signature of Landlord(s):                 Date:                                                               Date:

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

 

…………………………………………    …… / …… / ……  ……………………………….    …… / …… / ……

Note: Where signed by Landlord’s authorised representative or the Landlord is a corporation evidence of authority to sign must be provided.

 

Signature of Agent:                         Date:

……………………………………….      …… / …… / ……

Important Note:

All parties should sign annexures and initial any alterations to this Appointment (Failure to do so does not invalidate this Appointment).

 

Item 19

SIGNATURES

By signing this Appointment each party acknowledges having received a copy of this Appointment and has had the opportunity to obtain professional advice with respect to this Appointment and each party acknowledges it is bound by the Terms of this Appointment.

 

Signature of Landlord(s):

Landlord (1): ……………………………………  Name: ……………………………… Date: …… / …… / ……

Landlord (2): ……………………………………  Name: ……………………………… Date: …… / …… / ……

Landlord (3): ……………………………………  Name: ……………………………… Date: …… / …… / ……

Signed by the Agent:

Signature:    ……………………………………….                                                 Date: …… / …… / ……

 

Item 20

A true copy of this Appointment must be given to the Landlord(s) immediately after signing it’s signed.

__ Copy received by the Landlord(s): Date received: …… / …… / …… Landlord(s) initials: ………………

 

Clause 1.1

In this Appointment which includes the Item Schedule, the following terms mean:

(3)

Appointment: this Exclusive Leasing and Managing Appointment consisting of the Item Schedule and Terms of Appointment and any additional schedules that may be attached.

this Appointment of Agent, consisting of:


(a)

the Item Schedule for Exclusive Leasing and Managing Appointment of Agent;


(b)

the Terms of Appointment; and


(c)

any additional annexures, schedules or documents that may be attached including a Property Details Sheet.

(4)

Code of Conduct: means Code of Conduct for Real Estate and Business Agents and Sales Representatives 2016.

(6)

Early Termination Penalty: means 50% of any Management Fee that would otherwise be payable to the Agent for the period from the date of termination up to and including the Appointment End Date specified in Item 5.1 if early termination did not occur.

(7)

Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions Act 2011 including any electronically generated document situated on an external server readily accessible via a link within an electronic communication or other electronically generated document.

(8)

Exclusive Appointment: means an agency whereby the Agent is entitled, on the leasing of the Property and in accordance with the terms of this Appointment, to receive the agreed fee, whether or not the Agent is the effective cause of the leasing.

(12)

Introduced: means where the Property has been presented, shown or offered by any medium, to a prospective tenant.

(14)

Landlord: means the party or parties named in Item 1.

(15)

Letting Fee: monies due paid to the Agent as provided detailed in Item 12.3 on a Tenant entering into an initial tenancy agreement when the Agent finds and selects a new Tenant.

(16)

Management Fee: monies due paid to the Agent as provided detailed in Item 12.2 for the on-going management of the Property.

(18)

Property: means the property as described in Item 3.

(19)

Related Document: means any written communication (including Notices) with regard to this matter between the parties, including any Electronic Documents.

 

Clause 2

Interpretation

2.1

In this Appointment, unless the contrary intention appears:


(1)

the singular includes the plural and vice versa and words in the masculine or neuter gender shall include the feminine and vice versa.


(2)

'person' includes any party to this Appointment, a firm or a corporation together with their executors, administrators, successors and assigns.


(3)

an agreement, representation or warranty:



(1)

in favour of two or more persons is for the benefit of them jointly and severally.



(2)

on the part of two or more persons binds them jointly and severally.


(4)

a reference to:



(1)

an item number is a reference to an Item in the Item Schedule.



(2)

a document includes any variation to that document.



(3)

any law includes all regulations and other instruments under it and amendments or replacements to any of them.



(4)

month or monthly means a calendar month or calendar monthly


(5)

notes in the Item Schedule or any supporting documents or annexures in relation to the Appointment form part of this Appointment.

2.2

If a provision of this Appointment is held to be void or unenforceable by any court of competent jurisdiction then such provision may be excised from this Appointment which, in all other respects, will remain in full force and effect.

2.3

This Appointment is governed in accordance with the laws of Western Australia and any dispute in relation thereto shall be determined in accordance with such laws.

 

Clause 2

By signing this Appointment the Landlord(s) warrants and confirms:

(1)

being authorised and having the legal capacity to enter into this Appointment;

(1)

having read this Appointment

(2)

the Property, the subject of this Appointment, is to be used as a residential premises within the definition of the Tenancy Act; and

(2)

having the authority to grant the Agent leasing and management rights of the Property.

 

(3)

there are no other existing leasing or managing appointments in respect to the Property.

 

 

Clause 3

3.1

In consideration of and in accordance with the terms of this Appointment, the Landlord appoints the Agent (and its permitted assigns) as Exclusive Leasing and Management Agent for the duration of this Appointment to lease and manage the Property for the Landlord and the Agent agrees. for the Term and will refer any prospective tenants of which the Landlord becomes aware to the Agent. Authority vested in the Agent by this Appointment shall be deemed to be vested in the Agent’s authorised employees.

3.2

Authority vested in the Agent by this Appointment shall be deemed to be vested in the Agent’s authorised employees.

3.3

In carrying out the duties and services specified in this Appointment 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.

3.4

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

 

 

Clause 4.1

The Agent must make all reasonable efforts to ascertain or verify the Material Facts in respect to the Property. It shall be reasonable for the Agent to rely on the information provided by the Landlord in accordance with Clause 5.1.

 

Clause 4.4

The Agent will comply with the Codes of Conduct prescribed under the Act or to which the Agent otherwise subscribes.

 

Clause 4.6

The Agent must:

(1)

collect and receive all monies payable (rent, bond and otherwise).

(1)

provide full details to the Landlord with respect to monies paid and received by the Agent in carrying out the Agent’s obligations under this Appointment; and

(2)

issue tax invoices and receipts and provide statements of income and expenditure in accordance with Item (8).

(2)

provide statements in accordance with Item 8.

 

 

Clause 4.7

The Agent is authorised and directed, as detailed in Item (6), to let and manage the Property as detailed in Item 6 and otherwise act in accordance with this Appointment, and/or as further instructed in writing by the Landlord.

 

Clause 5.10

The Agent is required, during the currency of this Appointment:

(1)

to carry out inspections in accordance with Item 6(14); and

(2)

to provide a written report in respect of such inspections; and

(3)

to advise the Landlord promptly of any defect, damage or want of repair to the Property of which the Agent is informed or becomes otherwise aware.

 

Clause 5.13

The Agent is to collect and receive all monies payable in accordance with any tenancy agreement, (rent, bond and otherwise), with respect to the Property.

 

Clause 4.14

If such monies received by the Agent in accordance with Clause 4.13 are insufficient to cover the amounts due to the Agent then the Landlord must pay any outstanding Fees, or Expenses to the Agent upon the receipt of a tax invoice.

 

Clause 5.2(2)

in addition to compliance with the Terms of this Appointment, compliance with the requirements of all relevant acts, legislation, by-laws, rules and regulations, local, state and federal are complied with;

 

Clause 5.6

The Landlord confirms the information contained in Item (1.3) is true and correct.

 

Clause 6.1(1)

the Agent is acting only in the capacity of a managing Agent and the Agent’s duties and obligations are limited to those as contained in this Appointment, subject to this Appointment, and not otherwise;

 

Clause 6.2

The Landlord acknowledges and confirms the Agent is entitled to retain any rebates, and/or discounts and/or fees that relate to a service by a provided by another party with respect to a matter falling within the Agent’s obligations and authority under this Appointment stocktaker or tradesperson, or to advertising or a service provided by the Agent where the Agent has disclosed to the Landlord, by separate notice in writing, the full nature, extent and amount of such rebates, and/or discounts and/or fees.

 

Clause 7.1

Where Fees, Charges and Expenses are provided for in Items 12 and 13 or otherwise authorised in writing by the Landlord, for the performance of services (more particularly outlined in Item 6), the Agent shall be entitled to:

(1)

a Letting Fee should a tenancy agreement be entered into for the Property:


(a)

during the term of this Appointment, irrespective of whether the Agent, the Landlord, or any other person Introduced the Property to the Tenant or was the effective cause of the Tenant entering into the tenancy agreement; or


(b)

within 30 days of the expiry or termination of this Appointment, where the Agent Introduced the Property to the Tenant during the term of this Appointment and was the effective cause of the Tenant entering into the tenancy agreement; and

(2)

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

(3)

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

 

Clause 7.1

The Agent is entitled to a Letting Fee as set out in Item (12.2) should the Agent introduce a Tenant during the Term of this Appointment who enters into a tenancy agreement with the Landlord.

 

Clause 7.2

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

(1)

will be in the amounts set out in Items 12 and 13 respectively, or otherwise authorised in writing by the Landlord, and include any taxes or deductions debited by financial institutions against the Agent’s account and attributable to the affairs of the Landlord; and

(2)

unless otherwise specified in Items 12 and 13, will be payable upon provision by the Agent of a tax invoice or statement of account.

 

Clause 7.2

The Letting Fee will be payable to the Agent if the Property is leased during the Exclusive Leasing Period irrespective of whether the Property is let by the Agent, Landlord or another person.

 

Clause 7.3

The Agent will not be entitled to Fees (Item 12) where subject to Clause 7.1(1)(b), this Appointment has been properly terminated prior to the Property being let.

 

Clause 7.3

The Agent is entitled to a Management Fee as set out in Item (12.1) for carrying out management services in accordance with this Appointment.

 

Clause 7.4

Unless otherwise specified, the Management Fee will be payable upon provision by the Agent of a tax invoice or statement of account.

 

Clause 7.5

The Agent will not be entitled to Fees (Item 12):

(1)

after the expiration of the Exclusive Period where the Landlord has signed an exclusive appointment with another Agent prior to the Property being let; and

(2)

subject to Clause 8.1, this Appointment has been properly terminated prior to the Property being let.

 

Clause 7.7

All charges for goods and services under this Appointment, unless otherwise specified, exclude GST.

 

Clause 9

Property Inspection

9.1

The Landlord will comply with all obligations with respect to condition reports and inspections required by the Residential Tenancies Act 1987 or the residential tenancy agreement.

9.2

The Agent is required, during the currency of this Appointment:


(1)

to carry out inspections in accordance with Item 6(14);


(2)

to provide a written report in respect of such inspections; and


(3)

to advise the Landlord promptly of any defect, damage or want of repair to the Property of which the Agent is informed or becomes otherwise aware.

 

Clause 10.1

The Agent having complied with its obligations under this Appointment and not having been negligent,  the Landlord indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Appointment from (including Fees and Expenses) which the Agent may suffer or incur in respect of:

(1)

the Landlord’s failure to comply with this Appointment and/or Applicable Legislation; or

(2)

the Landlord’s failure with respect to this Appointment to give the Agent prompt and appropriate authority or instruction, or sufficient funds to carry out an instruction or authority; or

(3)

the Tenant’s failure (without fault on the part of the Agent) to comply with his/her obligations under the residential tenancy agreement, at no fault of the Agent and in relation to relevant acts and legislation with respect to the occupation of the Property; or

(4)

the Tenant’s failure to comply with his/her obligations under the Residential Tenancies Act 1987; or

(5)

the Agent, in compliance with this Appointment, acting in the capacity of the Landlord under this Appointment; or

(6)

the Landlord’s failure to maintain the Property and carry out repairs; or

(7)

the Landlord’s non compliance with the provisions of Clauses 5.1 and 5.2; or

(8)

any damage, defects or want of repair to the Property; or

(9)

injury to any person accessing the Property or damage to personal belongings on the Property (except in the case of negligence on the part of the Agent); or

(9)

otherwise arising out of this Appointment; or

(10)

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.

 

Clause 10.4

The Landlord acknowledges that the Agent is acting only as a licensed Real Estate 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 standard periodic inspections (see Clause 9) or as bought to the Agents attention by the Tenant.

 

Clause 11

11.1

Any extension to this Appointment may be terminated in accordance with Item 5.2.

11.2

Either party The Landlord may, where the other party is in there has been a breach of this Appointment by the Agent, give written notice to the other party Agent specifying the breach complained of and requiring the Agent party against whom the breach is alleged to rectify such breach within 7 28 days of service of the notice (breach rectification period) and: failing which, this Appointment will be at an end. Provided however, in the case of a fundamental breach the Appointment   may be terminated forthwith.


(1)

either party may, prior to expiration of the breach rectification period, refer the matter to mediation or arbitration in accordance with Clause 13; or


(2)

where Clause 11.2(1) does not apply and the breach has not been rectified within the breach rectification period, this Appointment may be terminated by the party alleging the breach giving 7 days written notice of termination.

11.3

In the case of a fundamental breach the Appointment may be terminated forthwith.

11.3

Should the Landlord, without cause, terminate this Appointment prior to the expiry of the Term of Appointment  set out in Item (5.1) the Landlord will incur an Early Termination Penalty being  liquidated damages as determined in accordance with Item (5.3).

11.4

Any termination shall be without prejudice to either party's rights under this Appointment.

11.4

If the Landlord fails to pay liquidated damages in accordance with Clause 11.3 the Agent has the right to instigate civil proceedings in a court of competent jurisdiction in order to recover such monies.

11.5

The Agent or Landlord may, prior to the Appointment End Date the expiry of the Term of the Appointment set out as provided in Item 5.1, terminate this Appointment on the giving of not less than twenty-eight (28) days notice in writing to the Landlord other party.

11.5

The parties agree, the  amount provided by way of liquidated damages in Item (5.3) is reasonable compensation for termination of this Appointment.

11.6

Upon expiry or termination of this Appointment all monies owing under this Appointment must be paid or reimbursed up to and including the expiry or termination date of this Appointment.

 

Clause 12

Early Termination Penalty

12.1

Should the Landlord, without cause, terminate this Appointment prior to the Appointment End Date  as provided in Item 5.1 the Landlord will, in addition to any monies owing in accordance with Clause 11.6, incur an Early Termination Penalty, being agreed liquidated damages.

12.2

The parties agree, the Early Termination Penalty is a fair and equitable estimate of damages with respect to early termination of this Appointment.

 

Clause 13

In the case of a disputes and/ or complaints not being in relation to a breach of this Appointment either party may serve on the other a notice containing full details of the dispute and/or complaint in which case both parties will use their best endeavours to settle the dispute without recourse to litigation and may refer such dispute to mediation or arbitration by any relevant professional or government body or authority, provided however in the case of Arbitration the matter will be referred to a single arbitrator appointed by the President of the Institute of Arbitrators in the State of Western Australia pursuant to the Commercial Arbitration Act 2012.

The provisions of this clause do not limit either party’s rights to seek independent legal advice and have recourse with respect to other legal remedies.

 

Clause 14

Provision of Appointment

Each party has received a copy of and understands this Appointment and has had the opportunity to obtain professional advice with respect to this Appointment and each party acknowledges it is bound by the terms of this Appointment.

 

Clause 14

Provision of Documents

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

 

Clause 16

Related Documents / Notices / Electronic Communication

16.1

The parties agree and confirm any documents and communication in relation to this Appointment may be forwarded electronically and where this Appointment has been forwarded electronically (either for signing or otherwise) the party receiving the Appointment confirms having consented to the delivery of the Appointment (and any other materials) by way of the electronic means of delivery before receiving the documentation.

16.2

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


(4)

by electronic communication to the party at the appropriate electronic address as stated in this Appointment; or


(5)

by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 16.2(1) to (4) above.

16.3

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.

16.4

A document sent by electronic communication will be deemed to have been received in accordance with Section 14 of the Electronic Transactions Act 2011.

16.5

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

16.6

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.

16.7

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.

16.8

The parties agree and consent to execution, by any party, of documents electronically using a method provided by an electronic signing service provider.

 

Clause 18

Severability

If a provision of this Appointment is held to be void or unenforceable by any court of competent jurisdiction then such provision may be excised from this Appointment which, in all other respects, will remain in full force and effect.

 

Clause 19

Applicable Law

This Appointment is governed in accordance with the laws of Western Australia and any dispute in relation thereto shall be determined in accordance with such laws.

 

24 Jul 2017

AU-WA-RE-PM-028 v2.3

AU-WA-RE-PM-031 v2.3

Additions / Changes:

 

Item 13.2

The Landlord agrees to pay or reimburse the Agent the amounts listed as follows &/or as outlined in any attached schedules forming part of this Appointment:  (initial where applicable)

Description of Expense

(if insufficient room, attach schedule)

Amount & Method for Calculating

(eg. $ per hour)

(Amounts are inclusive of GST)

Monies Payable & Date Due

Landlord Agrees (Initial)

Agent’s Code of Conduct Article 1720(2) - advertising costs (see Clause 8.6)

maximum of $ ……………..….

 

 

Advertising/ marketing as per Item 13.1

maximum of $ ……………..….

 

 

Entry Condition Reports


 

 

Exit Condition Reports


 

 

Routine Inspections


 

 

Postage and Petties


 

 

Bank Charges


 

 

Preparation & Attendance before a  Court or Tribunal


 

 



 

 



 

 



 

 

 

Clause 8.6

The Agent is entitled to reimbursement or payment of the Agent’s Code of Conduct Article 1720(2) advertising costs where the Landlord has agreed to such reimbursement in Item (13.2) of the Item Schedule.

 

08 Aug 2016

AU-WA-RE-PM-028 v2.2

AU-WA-RE-PM-031 v2.2

Additions / Changes:

 

Item 3

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

Lot No.:   …………. on Plan/Deposited Plan/Diagram/Strata-Survey/Strata

Deposited Plan/Survey Plan/Strata Plan/Survey-Strata Plan/Diagram: ……………………………….

Certificate of Title Reference: ………………… Area: …………. (approx.) Volume/Folio: ……………………

Volume: ………………………………. Folio: ……………………………….

Local Government: ……………………………………………………………… __ Furnished __ Unfurnished

 

Clause 6.7

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

 

Clause 16

Safety

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

 

13 Jul 2015

AU-WA-RE-PM-028 v2.1

AU-WA-RE-PM-031 v2.1

Additions / Changes:

 

Item 5

TERM OF APPOINTMENT

5.1

The Exclusive Period of this Appointment commences on ……………………………… and concludes on ……………………………… unless extended in writing by the Landlord.

5.2

(1)

On the conclusion of the Exclusive Period (Item 5.1) this Appointment will/will not continue on a periodic basis until terminated in writing by either party.

The Landlord agrees: __ Yes __ No Landlord’s Initials: ……………..

(2)

Such termination will be without prejudice to either party’sies existing rights, duties or obligations and will take place on the giving of not less than ………… days written notice. (If no period is inserted, 28 days applies)

5.3

(1)

Should the Landlord during the term of the Appointment fail to properly terminate this Appointment, tThe Landlord agrees to pay to the Agent an Early Termination Penalty as specified below which both parties agree will be a fair and equitable estimate of damages with respect to termination of this Appointment, should the Landlord during the term of appointment fail to properly terminate this Appointment.

(2)

Early Termination Penalty: ………% (if no % is specified, 50%) of any unpaid Management Fee up to and including the date of termination.

 

Landlord Initials Agrees: …………………..

 

Item 6(11)

Effect repairs and maintenance to the Property to a Maximum Pre-approved Maintenance Expenditure not greater than .................................. (incl. GST) per occasion       Landlord Initials Agrees: …………….......

 

Item 12

Landlord Agrees changed to Landlord Initials

 

Item 13.1

Advertising & Marketing: The Landlord authorises the Agent to advertise/market the Property as set out below:                                                                                      Landlord Initials Agrees: .....…….….......

 

Item 13.2

The Landlord agrees to will pay to or reimburse the Agent the amounts listed as follows below &/or as outlined in any attached schedules forming part of this Appointment: (initial where applicable)

Landlord Agrees:……............….…

 

Item 17

Heading

SPECIAL CONDITIONS (if insufficient space attach schedule)

The Landlord and the Agent agree to the following Special Conditions

 

Item 18

SIGNATURES

By signing this Appointment each party acknowledges having received a signed copy of this Appointment and has had the opportunity to obtain professional advice with respect to this Appointment and each party acknowledges it is bound by the Terms of this Appointment.

 

Clause 10.1

The Agent having complied with its obligations under this Appointment and not having been negligent, 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:

(a)

the Landlord’s failure to comply with this Appointment; or

(b)

the Landlord’s failure with respect to this Appointment to give the Agent appropriate authority or instruction, or sufficient funds to carry out an instruction or authority; or

(c)

the Tenant’s failure (without fault on the part of the Agent) to comply with his/her obligations under the tenancy agreement and in relation to relevant acts and legislation with respect to the occupation of the Property; or

(d)

the Agent, in compliance with this Appointment, acting in the capacity of the Landlord under this Appointment; or

(e)

the Landlord’s failure to maintain the Property and carry out repairs; or

(f)

the Landlord’s non compliance with the provisions of Clause 6.2; or

(g)

any damage, defects or want of repair to the Property; or

(h)

injury to any person accessing the Property; or

(i)

otherwise arising out of this Appointment; or

(j)

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 Landlord’s indemnity does not extend to the Agent where the Agent has been negligent or is in default of this Appointment.

 

Clause 12

In case of disputes and/ or complaints either party may serve on the other a notice containing full details of the dispute and/or complaint in which case both parties will use their best endeavors to settle the dispute without recourse to litigation and may refer such dispute to mediation or arbitration by any relevant professional or government body or authority.  The provisions of this Clause do not limit either party’s rights to seek independent legal advice and have recourse to other legal remedies with respect to other legal remedies.

 

Clause 16

Safety

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

 

11 Jun 2015

AU-WA-RE-PM-028 v2.0

AU-WA-RE-PM-031 v2.0

Copyright statement updated.

 

12 Mar 2014

AU-WA-RE-PM-028 v1.9

AU-WA-RE-PM-031 v1.9

Additions / Changes:

 

Clause 15

Privacy Statement

15.1

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

15.2

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

15.3

You as the Landlord 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)

Strata Companies & 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, facilitating, to the extent necessary, its obligations under Item (6) of the Item Schedule and Clause 5 of the Terms of Appointment and complying with legislative and regulatory requirements.

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 complying with legislative and regulatory requirements.

15.4

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

15.5

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

15.6

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

 

11 Sep 2012

AU-WA-RE-PM-028 v1.8

AU-WA-RE-PM-031 v1.8

Additions / Changes:


Clause 10.1

The Agent having complied with its obligations under this Authority, the Vendor 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:


Clause 15.2(2)

property data collection agencies; and/or

 

02 Apr 2012

AU-WA-RE-PM-028 v1.7

AU-WA-RE-PM-031 v1.7

Additions / Changes:


Item 13.2

Smoke Alarms: are installed on the Property in accordance with the Building Regulations 2012: _Yes _No

{Owners of all houses and units (domestic dwellings) being sold or rented in Western Australia must install and maintain smoke alarms in compliance with Section 60(2) of the Building Regulations 2012 as amended.}


Clause 6.2(7)

compliance with Section 60(2) of the Building Regulations 2012 as amended (smoke alarms - see Item (13) of the Item Schedule).


Clause 14

The parties agree and confirm documents may be forwarded electronically if the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Appointment.

 

01 Jan 2012

AU-WA-RE-PM-028 v1.6

AU-WA-RE-PM-031 v1.6

Additions / Changes:


Item 13.2

Smoke Alarms: are installed on the Property in accordance with the Building Regulations 2011: _ Yes _ No

{From the 1st October 2009 Owners of all houses and units (domestic dwellings) being sold or rented in Western Australia must install and maintain smoke alarms in compliance with Section 59(2) of the Building Regulations 2011 as amended.}


Clause 6.2(7)

compliance with Section 59(2) 38N(1) of the Building Regulations 2011 1989 as amended (smoke alarms - see Item (13) of the Item Schedule).

 

01 Nov 2011

AU-WA-RE-PM-028 v1.5

AU-WA-RE-PM-031 v1.5

Additions / Changes:


Item 14.2

Description of Expense

(if insufficient room, attach schedule)

Amount & Method for Calculating

(eg. $ per hour)

(Amounts are inclusive of GST)

Monies Payable & Date Due

Landlord

Agrees

(Initial)

Agent’s Code of Conduct Article 17(2) - advertising costs (see Clause 8.6)

 

maximum of $ …………….....

 

 

 

Advertising/ marketing as per Item 14.1

 

maximum of $ …………….....

 

 


Clause 8.6

The Agent is entitled to reimbursement or payment of the Agent’s Code of Conduct Article 17(2) advertising costs where the Landlord has agreed to such reimbursement in Item (14.2) of the Item Schedule.

28 Sep 2011

AU-WA-RE-PM-028 v1.4

AU-WA-RE-PM-031 v1.4

Additions / Changes:


Item 15

The Landlord may seek assistance from the Commissioner for Consumer Protection in relation to disputes as to the Management & Letting Fees (Commission) or other valuable consideration to be received by the Agent

 

07 Jul 2011

AU-WA-RE-PM-028 v1.3

AU-WA-RE-PM-031 v1.3

Additions / Changes:


Item 15

The Landlord may seek assistance from the Commissioner REBA (Real Estate & Business Agents Supervisory Board) in relation to disputes as to the Management & Letting Fees (Commission) or other valuable consideration to be received by the Agent.

 

22 Jun 2011

AU-WA-RE-PM-028 v1.2

AU-WA-RE-PM-031 v1.2

Additions / Changes:


Item 2

Licensee: ..............………………………………………………………………………………………..…………

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

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

Service of Documents Address: ...………………………………………..…………………………………………

ABN: ………………….... Phone: ……………...………. Fax: ……..…….………. Mobile: …………...……….

Contact: ……………………...............................……..………….. Triennial No.: .....................................

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

Licensed: Real Estate & Business Agent/ Real Estate Agent/ Business Agent


Item 13

13.1

Residual Current Devices (RCDs): not less than 2 RCDs are installed in relation to the Property:

__ Yes __ No

{The Electricity Regulation 1947 requires, subject to certain exemptions, that residential premises must have at least 2 RCDs installed before being leased.}

13.2

Smoke Alarms: are installed on the Property in accordance with the Building Regulations 1989:

__ Yes __ No

{From the 1st October 2009 owners of all houses and units (domestic dwellings) being sold or rented in Western Australia must install and maintain smoke alarms in compliance with Section 38N(1) of the Building Regulation 1989 as amended.}


Clause 6.2(7)

compliance with Section 38N(1) of the Building Regulation 1989 as amended (smoke alarms - see Item (13) of the Item Schedule).


Clause 6.2(8)

compliance with Section 14 of the Electricity Regulations 1947 as amended (Residual Current Devices – See Item (13) of the Item Schedule).


Clause 14

The parties agree and confirm documents may be forwarded electronically if the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Appointment.


Clause 15

15.1

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

15.2

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


(1)

potential tenants; and/or


(2)

data collection agencies; and/or


(3)

Strata Companies & 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, facilitating, to the extent necessary, its obligations under Item (6) of the Item Schedule and Clause 5 of the Terms of Appointment and complying with legislative and regulatory requirements.

15.3

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

15.4

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