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Exclusive Property
Management & Leasing
Authority.
Residential Property.
DETAILS OF APPOINTMENT
This is a Continuing Authority - See General Terms and Conditions and Services to be provided by the Agent.
AGENT'S DETAILS
Company Name LJ Hooker Beenleigh ABN
Address 528 South Pine Road Everton Park SA 4053
Phone Fax Email
CLIENT'S DETAILS
Client(s) Name Joe Bove Sunny
Company Name (if applicable) ACN/ABN (if applicable) 11010726628
Address 16 Ferny Way Ferny Hills Ashgrove NSW 4321
Mobile 0414 496 785 Home Phone 0414 496 765 Work Phone 0414 324 325
Email landlord@ourproperty.com CC Email nandhu@gmail.com
PROPERTY DETAILS
Address 16 Ferny Way Ferny Hills Ashgrove NSW 4321
AUTHORITY PERIOD FOR LEASING
Exclusive Authority Period for Leasing days from this date of this Authority.
Continuing Authority Period for Leasing days from the end of the Exclusive Authority for Leasing.
AGENT'S AUTHORISATION IS FOR (indicate the services applicable)
Managing the Property Subsequent Re-Leasing of the Property to the initial renter or assignee
Leasing of the Property Signing the Rental Agreement and other relevant documents on behalf
of the Client(s)
Subsequent leasing of the Property to a new renter Collection of Rental
URGENT REPAIRS
The agent is authorised to undertake Urgent Repairs up to 56 Weeks Rent (including GST)(Prescribed in the Regulations and is
subject to change).
GENERAL MAINTENANCE AND/OR REPAIRS
The agent is authorised to undertake General Repairs and/or Maintenance up to 26 Weeks Rent (including GST)
RENTAL
$ 700 Per week fortnight month
Refer to clause 1.24
BOND (to be lodged with RTBA)
A rental provider/agent must not demand or accept a bond that exceeds one months rental (unless the premises exceeds the prescribed amount
of $900 per week).
One month's rental OR The sum of $
Exclusive Property
Exclusive Property
Management & Leasing
Authority.
Residential Property.
SCHEDULE OF FEES
Management Fee $ 32
Initial Management Fee 48 %
Administration Fee 3 Weeks Rent
Let Fee 2 % of Weekly Rent
Renewal Fee At Cost
Lease Doc Prep fee n/a
MARKETING EXPENSES AND/OR OTHER EXPENSES
Office specific fees to be inserted here.
Exclusive Property
Exclusive Property
Management & Leasing
Authority.
Residential Property.
SERVICE SCHEDULE
The Client agrees that the services to be provided by the Agent in relation to managing the Property are set out below. The Client agrees to pay the
Agent's fees as set out in the Agent's Fee Schedule for the period during which the Agent manages the Property including any period beyond the
Exclusive Authority Period for Leasing and the Continuing Authority Period for Leasing (if any) set out in this Authority.
LETTING SERVICES INCLUDE (delete any services not applicable)
1. Provide an estimate of potential Rental income.
2. Provide marketing and/or advertising recommendations.
3. Recommend ways to maximise the Property's appeal to prospective renter.
4. Arrange preparations/display of "For Lease" board/advertising, internet etc as detailed in Marketing and/or Other Expenses.
5. Promote the Property to the Agent's data base for prospective renter if the Agent considers it appropriate and necessary to do so.
6. Provide reports in regard to new prospective renter.
7. Conduct Property inspections with prospective renter.
8. Check prospective renter applications.
9. Submit renter offers and recommendations to the Client.
10. Prepare a Property condition report at the commencement of the Rental Agreement.
11. Take pictures and/or video of Property and include with condition report.
12. Prepare the Lease and arrange for signing of the Lease by the Client, Agent and Renter.
PROPERTY MANAGEMENT SERVICES INCLUDE (delete any services not applicable)
1. Collect and account for Rental.
2. Lodge the bond/bond claim with the Residential Tenancies Bond Authority at the beginning and end of tenancy (as required).
3. Arrange General Repairs and/or Maintenance/Urgent Repairs for the Property by engaging a suitably qualified contractor as is considered
necessary by the Agent, or requested by the Client .
4. Notify the Client of any breaches involving non-payment of Rental, significant damage to the Property or accidents as soon as practicable after
the Agent becomes aware of such events.
5. Prepare and serve Residential Tenancies Act notices.
6. Represent the Client at Victorian Civil Administrative Tribunal hearings, including any necessary preparation.
7. Engagement (as the Client's Agent) of professional/property services providers and tradespeople.
8. Monitor the Lease expiry date and advise upon current Rental trends.
9. Liaise with Renters to arrange prospective rental inspections following a notice of intention to vacate.
10. Conduct final inspections at the end of the Lease, including providing the condition report (and report to the Client accordingly).
PERIODIC VISUAL PROPERTY INSPECTION TO BE CARRIED OUT BY THE AGENT
As per Residential Tenancies Act 1997.
Note: a periodic visual property inspection carried out by the Agent does not include the Agent moving furniture, lifting floor coverings, inspecting
the interiors of roof spaces or under flooring or the inside of cupboards or Renters goods or other belongings. Agents are not qualified to assess or
report on the operational and compliance requirements in accordance with applicable codes and/or regulations, in regards to building or structural,
plumbing, electrical or gas fixtures or fittings, smoke alarms or swimming pool safety barriers (and associated fittings). Barry Plant strongly
recommends that Clients engage suitably qualified, licensed and insured contractors on a yearly basis and as required under any applicable
legislation.
PROPERTY MANAGEMENT ACCOUNTING SERVICES
1. Prepare monthly statement of Rental collected and outgoings paid, and provide to the Client via email.
2. Payment of utilities/rates/land tax/owners corporation fees, if requested by the Client in writing.
3. Payment of valuers/architects/engineers/trades/contractors/professional invoices, if requested by Client.
4. Prepare end of financial year reports if requested by the Client.
CLIENT ACKNOWLEDGMENTS
The Client acknowledges having been informed by the Agent as to the Level of Service, before signing this Authority, that the Level of Service is
subject to negotiation. The Client further acknowledges that the Level of Service may not enable the Agent to do all actions necessary for
compliance by the Client with Residential Tenancies Act, and that the Client will make other arrangements for compliance that falls outside the
scope of the Level of Service.
The Client acknowledges having been informed by the Agent, before signing this Authority, that the Agent's Fees and the Marketing
Expenses are subject to negotiation.
The Client acknowledges that the Marketing and/or Other Expenses incurred during the currency of this Authority, whether or not a leasing
takes place, will be paid to the Agent.
Exclusive Property
Management & Leasing
Authority.
Residential Property.
Exclusive Property
DEFINITIONS
1
In this Authority, which includes Details of Appointment, the following terms mean:
1.1 "Act" means the Estate Agents Act 1980 (Vic).
1.2 "Agent(s)" means the estate agent set out in the Authority together with the Agents representative as defined by the Act.
1.3 "Agent(s) Fee Schedule" is the Agent's fee schedule as set out in this Authority.
1.4 "Appointment" includes "agreement" and/or "authority" and the words "appoint" and/or "appointed" shall have corresponding
meanings in the same situations.
1.5 "Authority" means the Agent's authorisation as set out in the Details of
Appointment.
1.6 "Agent's Authorisation" includes "agreement" and/or "authority" and the words "appoint" and/or "appointed" shall have
corresponding meanings in the same situations.
1.7 "Client" means the person on whose behalf the Agent is to act.
1.8 "Conditions" include terms and vice versa.
1.9 "Continuing Authority Period for Leasing" means the stated number of days (if any) listed as the continuing authority period
for Leasing in the Details of Appointment which period commences immediately upon the expiry of the Exclusive Authority Period for
Leasing.
1.10 "Details of Appointment" means the details of appointment set out in this Authority.
1.11 "Dangerous Condition" means any physical defect in the property that may cause damage to the Property or injure any person on
the Property.
1.12 "Exclusive Authority Period for Leasing" means the details of appointment set out means the stated number of days listed as
the Exclusive Authority Period for Leasing in the Details of Appointment.
1.13 "Expenses" means any cost or charge incurred by the Agent in relation to the Property.
1.14 "General Repairs and/or Maintenance" means anyrepairs or means any repairs or maintenance performed to the Property other
than Urgent Repairs.
1.15 "GST "where used in this Authority has the meaning used in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and “GST”
includes any applicable rulings issued by the Commissioner of Taxation.
1.16 "Introduced to the Property" means that the person was made aware that the Property was available to lease irrespective of the
source. Without limiting the foregoing a person shall be deemed to have been introduced to the Property by the Agent if the person
became aware that the Property was available for leasing as a result of viewing, hearing or reading any advertisements of whatever
nature or medium or any boards, placards or other literature referring to the availability of the Property that were connected to the
Agent in any way.
1.17 "Leasing Fee" means the leasing fee set out in this Authority.
1.18 "Introduced to the Property" means that the person was made aware that the Property was available to lease irrespective of the
source. Without limiting the foregoing a person shall be deemed to have been introduced to the Property by the Agent if the person
became aware that the Property was available for leasing as a result of viewing, hearing or reading any advertisements of whatever
nature or medium or any boards, placards or other literature referring to the availability of the Property that were connected to the
Agent in any way.
1.19 "Level of Service" means the Letting Services and Property Management Services selected by the Client to be attended to by the
Agent set out in this Authority.
1.20 "Manage" means managing the Property and/or the collection of rent, outgoings and other moneys payable by a Renter in any way
connected with the Property within the limitations of the Level of Service.
1.21 "Managing Fee" means the managing fee as set out in the Agent’s Fee Schedule.
1.22 "Marketing and/or Other Expenses" means the Marketing and/or Other Expenses set out the Agent’s Fee Schedule and includes
but is not limited to fees set out in the Agent’s Fee Schedule.
1.23 "Person" includes a corporation, institution, unincorporated body, incorporated association and any group of persons appointed by
the original person to take the place of the original person.
1.24 "Property means the property described in the Details of Appointment.
Exclusive Property
Management & Leasing
Authority.
Residential Property.
1.25 "Re-Leasing Fee" means the fee charged for re-signing an agreemeent to the existing Renter or assignee.
1.26 "Rental" means:
a) an amount equal to or greater than the Rental stated in the Details of Appointment; or
b) the Rental at which the Client executes a Rental Agreement even if less than the Rental stated in the Details of
Appointment.
1.27 "Managing Fee" means the managing fee as set out in the Agent’s Fee Schedule.
1.28 "Rental Agreement" means an agreement to lease and is the result of obtaining a binding
offer
1.29 "Residential T enancies Act" means the Residential Tenancies Act 1997 (Vic) and any regulations prescribed under the Act.
1.30 "Renter" is the person to whom the Property is leased.
1.31 "Safety Related Activities" means the routine safety compliance checks prescribed by the Residential Tenancies Act (i.e. smoke
alarm servicing and routine gas safety, electrical safety and pool barrier compliance checks).
1.32 "Suitably Qualified Person" includes a tradesperson who is registered or licensed in respect of relevant work to be undertaken, if
that work requires a person to be so registered or licensed.
1.33 "Swimming Pool" means any body of water located on the Property with a depth of more than 30cm.
1.34 "Urgent Repairs" has the same meaning as defined in Section 3 of the Residential Tenancies Act or any legislation amending or
replacing that Act.
CLIENT CONFIRMATION
2
By signing this Authority the Client warrants:
a) having read this Authority;
b) being the registered proprietors of the Property and authorised to enter into this Authority;
c) that there are no other existing leasing or managing Authorities in respect of the Property;
d) that, in accordance with section 49A(1)(b) of the Act, prior to signing this Authority the Client was advised by the Agent that Expenses
and the Managing Fee were subject to negotiation;
e) having received at the time of signing a signed copy of this Authority;
f) having had the opportunity to obtain legal and other professional advice with respect to this Authority; and
g) that, prior to signing, the Client’s attention has been drawn to clause - 4.5, Managing Fee Sharing, clause - 4.6, Rebate Statement and
clause - 11, Complaint Resolution.
AGENT AND AUTHORITY
3
3.1 The Client appoints the Agent to carry out the Level of Services in this Authority for the term as set out in the Details of
Appointment or any extension thereof.
3.2 The Agent agrees to such Appointment and is authorised to lease and/or Manage the Property in accordance with this Authority
and/or as further instructed in writing by the Client.
3.3 The Client will refer any prospective renters of which the Client becomes aware to the Agent.
3.4 The authority vested in the Agent by this Authority will be deemed to be vested in the Agent’s authorised employees, provided
however, the Client will at all times remain the principal.
AGENT OBLIGATIONS AND AUTHORITY
4
Exclusive Property
Management & Leasing
Authority.
Residential Property.
4.1 The Agent will continue managing the Property and the Client shall pay the Managing Fee for the period during which the Agent
manages the Property, including any period beyond the Exclusive Authority Period for Leasing and the Continuing Authority Period for
Leasing.
4.2 The Agent will provide the Client with an itemised list of the Marketing and/or Other Expenses if requested by the Client.
4.3 The Client consents to the Agent delegating from time to time any of its’ obligations under this Authority including leasing and/or
managing the Client’s Property. Any such delegation by the Agent will be made in its’ capacity as the Agent of the Client and not as a
principal in its own right. If the Agent delegates an obligation, the Agent will remain responsible for the performance thereof.
4.4 The Agent may assign its’ rights and obligations under this Authority to any person or entity that is a registered estate agent by
giving written notice to the Client. If the Client does not object to the assignment in writing within 14 days of the notice, the
assignee is deemed to hold this Authority as if the assignee was the Agent named in this Authority and was the Agent that provided
all notices, disclosures and the warranty set out in this Authority.
4.5 The Client acknowledges that the Agent may share Leasing or Managing Fees with an employee who is an estate agent/agent’s
representative, or with an estate agent who is the Agent’s business partner. In the event that the Agent utilises the services of other
real estate agent to better facilitate the provisions of this Authority, the Client acknowledges that the Agent may share the
Managing Fee with the other real estate agent(s) for that purpose.(if the Managing Fee will be shared with anyone else, complete &
attach the “notice of commission sharing” approved by the Director of CAV, at the time of signing this Authority. The notice can be
downloaded at www. consumer.vic.gov.au).
4.6 The Agent will not be, or is unlikely to be, entitled to receive any rebates or discounts. These rebates might be received for
advertising, maintenance or expenses paid on behalf of the Client (if entitled to a rebate, complete & attach the rebate statement
approved by the Director of CAV, at the time of signing this Authority. The statement can be downloaded at www.consumer.
vic.gov.au).
a) if at any time the Client becomes aware of any Dangerous Condition, the Client will immediately notify the Agent in
writing; and
b) in the event that anybody is injured because of the Dangerous Condition of the Property, the Client will fully indemnify
and release the Agent (and anybody engaged through the Agent) against any resulting claim or proceeding.
4.7 All General Repairs and/or Maintenance will be initiated in accordance with the Client's instructions. In the event that no instructions
are provided by the Client, the Agent is authorised to initiate any General Repairs and/or Maintenance as and where required for the
Property. The Agent is authorised to undertake General Repairs and/or Maintenance up to the amount set out in the Details of
Appointment. The Agent is required to obtain the Client's approval before undertaking any General Repairs and/ Maintenance if the
costs are more than the amount set out in the Details of Appointment.
CLIENT OBLIGATIONS AND AUTHORITY
5
5.1 If the Property is rented the Client agrees to engage the Agent to Manage the Property and agrees to pay the Agent’s Fee as set out
in the Agent’s Fee Schedule for the period which the property is rented.
5.2 The Client authorises the Agent to do at the Agent's discretion and in line with good estate agency practice, all acts, matters and
things necessary or desirable for the purpose of, or in relation to, or in connection with the Level of Service.
5.3 Where the Renter fails to take occupation of the Property and the Client is entitled to recover any Rental amount from the renter,
the Client will take all reasonable steps to recover the Rental owing. Upon recovering any Rental amount the Client will pay the Agent
all applicable Leasing Fees, Re-leasing Fees, Managing Fees and Marketing and/or Other Expenses and/or interest (if any) owing to
the Agent.
a) if at any time the Client becomes aware of any Dangerous Condition, the Client will immediately notify the Agent in
writing; and
b) in the event that anybody is injured because of the Dangerous Condition of the Property, the Client will fully indemnify
and release the Agent (and anybody engaged through the Agent) against any resulting claim or proceeding.
5.4 The Client warrants to the Agent that the Property (which includes all fixtures, fittings and any goods and chattels leased with the
Property) is not in a Dangerous Condition and:
5.5 The Client confirms the Property is in a fit, proper and safe condition to be let for the purposes of a Rental Agreement and further
confirms having, at the time of entering into this Authority, disclosed to the Agent all relevant and material facts relating to the
Property.
5.6 The Client will at all times during the currency of this Authority keep the Agent advised of and disclose to the Agent in writing, 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.
Exclusive Property
Management & Leasing
Authority.
Residential Property.
a) the Swimming Pool/Spa is safe to use;
b) the Client is not aware of any fact or matter which could render the Swimming Pool /Spa (including the associated
safety barrier) unsafe to use;
c) the Swimming Pool/Spa and associated safety barrier complies with all applicable laws, codes, regulations, standards
and safety requirements;
d) the Swimming Pool/Spa was constructed by a registered builder or by an owner-builder who obtained a certificate of
consent from the Building Practitioners Board;
e) a building permit, issued by a registered building surveyor, was obtained to construct the Swimming Pool/Spa, as well as
the associated safety barriers;
f) the gate is self-latching and self-closing;
g) the safety barrier is not installed near trees, barbeques or other structures a person could use to climb up and over to
access the Swimming Pool/Spa; and
h) the Client has arranged for a suitably qualified and insured person to conduct a comprehensive assessment of the
Swimming Pool/Spa to ensure that it complies with all applicable laws, codes, regulations, standards and safety
requirements prior to signing this Authority.
5.7 In relation to any Swimming Pool/Spa, the Client warrants that:
a) to arrange for a suitably qualified and insured person to conduct a comprehensive assessment of the Swimming Pool/
Spa to ensure that it complies with all applicable laws, codes, regulations, standards and safety requirements prior to
signing this Authority and at least once per year during the Term of this Authority;
b) to provide the Agent with evidence that the Swimming Pool/Spa has been assessed in accordance with sub-clause
5.7(a) and the outcome of that assessment; and;
c) that if any person (including a Renter or Agent) reports a concern regarding the safety and/or compliance of the
Swimming Pool/Spa and/or associated safety barrier, it will do all things necessary to ensure that the Swimming
Pool/Spa does not pose a risk to any person (including a Renter).
5.8 In relation to any Swimming Pool/Spa, the Client agrees:
5.9 Any Person ("Signatory") who signs this Authority on behalf of a Client that is a corporation will be personally liable for the due
performance of the Client's obligations as if that Signatory was the Client. If required by the Agent, the Signatory will procure a
guarantee in favour of the Agent executed by all directors of the Client and such guarantees will be prepared by or on behalf of the
Agent.
5.10 The Client must sign this Authority before signing a Rental Agreement in relation to the
Property.
5.11 The Client acknowledges, upon receipt of advice or notice from the Agent in accordance with clause 8.1, the Client must comply with
its obligations to maintain the Property in a fit, proper and safe condition.
5.12 The Client represents and warrants to the Agent that the Property complies with the minimum standards prescribed by the
Residential Tenancies Act.
5.13 The Client acknowledges that the compliance with the minimum standards prescribed by the Residential Tenancies Act is an ongoing
obligation and the Client represents and warrants to the Agent to frequently comply with the minimum standards prescribed by the
Residential Tenancies Act.
5.14 The Client acknowledges that the compliance with the Safety Related Activities is an ongoing obligation and the Client represents
and warrants to the Agent to frequently comply with the Safety Related Activities.
5.15 The Client acknowledges that once a Rental Agreement has been entered into by the Client and the Renter, it shall not be the
responsibility of the Agent to enforce such Rental Agreement and the Agent is limited to its obligations under this Authority.
5.16 In addition to complying with the terms of this Authority the Client must comply with the requirements of all relevant acts, legislation,
bylaws, rules and regulations, local, state and federal.
6 AGENT FEES AND MANAGING FEES
a) during the Exclusive Authority Period for Leasing by the Agent or by another person (including the Client or another
agent) or:
b) during the Continuing Authority Period for Leasing by the Agent or:
c) to a person introduced to the Property by the Agent before the Client signed this Authority or within 120 days after the
expiration of the Exclusive Authority for Leasing to a person introduced to the Property within the Exclusive Authority
Period for Leasing to whom as a result of the introduction the Property is leased.
6.1 The Client agrees to pay the Agent's fees as set out in the Agent’s Fee Schedule if the property is leased:
Exclusive Property
Management & Leasing
Authority.
Residential Property.
6.2 Clause 6.1 will not apply if the Client incurs a liability to pay another agent a Managing Fee if the Client has signed an exclusive leasing
authority with another agent after the expiration of the Exclusive Authority Period for Leasing.
6.3 If the Property is not leased during the Exclusive Authority Period for Leasing and a Continuing Authority Period for Leasing is stated
in the Details of Appointment, the Client appoints the Agent to lease the Property on a non-exclusive agency basis for the
Continuing Authority Period for Leasing. The Client will pay the Agent’s fees as set out in the Agent’s Fee Schedule during this period.
6.4 If the Agent leases the Property during the Exclusive Authority Period for Leasing or during the Continuing Authority Period for
Leasing, the Agent is authorised to subsequently re-lease the Property to the initial Renter (or the assignee of the initial Renter) or
to subsequently release the Property to a new renter regardless of whether the Exclusive Authority Period for Leasing or Continuing
Authority Period for Leasing has expired. The Client will pay the Agent's fees as set out in the Agent's Fee Schedule.
6.5 The Agent is irrevocably authorised to deduct the Leasing Fee, Releasing Fee and Managing Fee and Marketing and/or Other
Expenses (if authorised by the Client) from the Rental received. The Agent is also authorised to deduct any other fees and expenses
properly incurred by the Agent in relation to the Property from the Rental received. This Authorisation may only be amended upon the
written consent of the Agent.
6.6 The Agent may maintain a lien over the Client’s documents and other chattels in the possession or control of the Agent whilst the
Client is indebted to the Agent. The lien will continue until the Agent is paid in full.
7 CHANGES TO AUTHORITY
a) subject to clause 7.2 of this Authority, the value of any of the expenses specified within the Agent's Fee Schedule. This
does not apply to the Leasing Fee or Re-Leasing Fee which is considered a one off-payment; or
b) any clause that is outdated, incomplete or requires further interpretation (for example due to a change in the law).
7.1 The Agent may at any time revise the following terms of this Authority by providing the Client with written notice of the change at
least 30 days before the change takes effect:
7.2 The parties agree that any proposed change made pursuant to clause 7.1 of this Authority shall take effect and the terms of this
Authority will continue under the amended conditions where the Client does not object to the proposed changes within 30 days after
receiving the notification of changes by means of written notification to the Agent.
7.3 The Agent must specifically inform the Client within a written notification of charges as to the procedure outlined within clause 7.2
of this Authority.
7.4 During the entire duration of the Exclusive Authority Period for Leasing or during the Continuing Authority Period for Leasing, it is
agreed that no changes to the Management Fee specified within the Agent’s Fee Schedule will be made unless amended by a
document duly executed by the parties.
8 INDEMNITY
8.1 If the Client is notified by the Agent of a potential or actual fault, Dangerous Situation or concern with the Property, the notification
or advice is deemed sufficient notice to the Client of a Dangerous Condition.
8.2 The Agent is not responsible for reporting any matters (including defects latent or otherwise) other than those that are readily
apparent during the course of any inspections or as are brought to their attention as managing Agent by the renter.
a) building and structural integrity;
and
b) pest, health, and other
requirements.
8.3 It is the Client’s responsibility to obtain specific advice with respect to the Property and its soundness as to:
Exclusive Property
Management & Leasing
Authority.
Residential Property.
a) any cleanliness, safety, construction, building requirements or building deteriation; or
b) the Client’s failure to comply with this Authority; or
c) the Client’s failure to give the Agent appropriate authority or instruction, or sufficient funds to carry out an instruction
or authority; or
d) the Client's failure to comply with the minimum standards prescribed by the Residential Tenancies Act, at no fault of
the Agent; or
e) the Client's failure to perform the Safety Related Activities prescribed by the Residential Tenancies Act, at no fault of
the Agent; or
f) the renter's failure to comply with his/her obligations according to the Rental Agreement, at no fault of the Agent; or
g) the renter's failure (without fault on the part of the Agent) to comply with his/her obligations under relevant acts and
legislation with respect to the Rental Agreement; or
h) any changes made to the Act in the coming years that are not currently in existence and therefore not considered
within this Authority; or
i) the Agent acting in the capacity of the Client under this Authority; or
j) the Client's failure to maintain the Property and carry out General Repairs and/or Maintenance or Urgent Repairs; or
k) the Client's non-compliance with the provisions of clause 5.3; or
l) the Client’s failure to comply with this Authority; or
m) where the Client has removed, damaged or defaced a warning label or safety instructions attached on a product,
fixture, or fitting provided with the Property.
8.4 The Agent having complied with its obligations under this Authority and not having been negligent, the Client indemnifies the Agent,
its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses which the Agent
may suffer or incur in respect to:
8.5 In the event that clause 5.1 applies, and the Client no longer wishes the Agent to manage the Property the Client may terminate this
Authority by providing 30 days written notice to the Agent.
9 TERMINATION
a) if the Client does not provide the Agent with adequate funds and/or instructions to enable the Agent to lease and/or
Manage the Property;
b) where the Client does not comply with the Residential Tenancies Act;
c) where the client refuses to pay for Urgent Repairs at the written request of the renter and/or the Agent;
d) where the Client does not respond within 7 days of receiving a written request from the renter and/or the Agent
requiring the Client to pay for any Urgent Repairs;
e) where the Client or its directors, officers, agents or associates engage in intimidation aggressive, violent or threatening
behaviour towards the Agent;
f) where the Client becomes aware of any Dangerous Condition and fails to notify the Agent in writing within two days;
and
g) if the Agent has reasonable grounds to believe that the Client has not complied, or is not intending to comply, with its
obligations pursuant to sub-clause 5.8.
9.1 The Agent may terminate this Authority with immediate effect upon giving the Client written notice in the following circumstances:
9.2 In all other cases, the Agent may terminate this Authority by giving the Client 30 days' prior written notice with no reason
required.
9.3 If the Agent ends this Authority, the Client will immediately pay or reimburse in full all Leasing Fees, Re-Leasing Fees, Managing Fees,
Marketing and/or Other Expenses and/or interest (if any) owing to the Agent up to and including the date this Authority expires.
9.4 In the event that the Property is not leased during the Exclusive Authority Period for Leasing and the Continuing Authority Period for
Leasing is provided in the Details of Appointment, the Client may terminate the Continuing Authority Period for Leasing by providing 7
days prior written notice to the Agent.
Exclusive Property
Management & Leasing
Authority.
Residential Property.
9.5 In the event that clause 5.1 applies, and the Client no longer wishes the Agent to Manage the Property the Client may terminate this
Authority by providing 30 days written notice to the Agent.
9.6 The Agent may maintain a lien over the Client’s documents, keys and other chattels in the possession or control of the Agent until
the Client makes repayment of all monies owing under the terms of this Authority. The lien will be discharged at such time as the
Agent is paid in full.
10 INTEREST ON OVERDUE MONIES
10.1 If the Client fails to pay monies due to the Agent under this Authority within 30 days from the due date, interest will be charged at
the rate of two (2)% per annum plus the rate for the time being fixed by section 2 of the Penalty Interest Rate 1983 (Vic) and shall
be paid on demand to the Agent together with all other monies owing.
11 COMPLAINT RESOLUTION
11.1 Any complaints relating to the Managing Fee or the Expenses can be made to the Director, Consumer Affairs Victoria (CAV). GPO
Box 4567, Melbourne, Victoria, 3001 or by telephoning 1300 73 70 30. The Client acknowledges that the Agent has procedures for
resolving complaints and disputes arising from the operation of the Agent. If a complaint or dispute arises, please refer to the
Agent's customer service charter. The Agent's customer service charter will be made available to the Client upon request.
12 ELECTRONIC COMMUNICATIONS
12.1 The Client acknowledges that the Agent may provide this Authority and other communications which relate to or concern this
Authority to the Client from time to time by email, facsmile or other forms of electronic communications (Electronic
Communications).
12.2 In accordance with Section 8 of the Electronic Transactions Act 2000 (Vic), the Client hereby consents to receiving Electronic
Communications from the Agent from time to time and as required.
13 NOTICES
13.1 The Agent can deliver a notice to the Client personally, in which case the date of delivery is the date on which the Client receives the
notice.
13.2 If the Agent mails a notice to the Client, notice is taken to have been given on the day it would have been delivered in the ordinary
course of post, if the Agent mailed it to the Client’s last known address as specified within this Authority.
a) electronically to the Client’s email address, or other electronic mail address, last known to the
Agent; or
b) to any person nominated by the Client to receive such notices, documents or information.
13.3 Where permitted to do so by law, the Agent may provide the Client with a notice, other documents or information:
14 PROVISION OF DOCUMENTS
14.1 Upon the Client signing the Authority, this Authority will be legally binding. The executed Authority may be sent to the Agent via
facsimile or email. This Authority may be executed in counterparts, each of which shall be deemed to be an original, but all of which,
taken together, shall constitute one and the same agreement.
15 PRIVACY STATEMENT
15.1 The Agent is committed to protecting your privacy in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy
Principles (APPs).
15.2 The Client hereby authorises the Agent to collect, use or disclose personal information about the Client in order to act as the Agent
and to perform the Agent’s obligations under this Authority. The Agent is also authorised to use such information collected to
promote their services and/or seek potential clients. If the Agent assigns this Authority the Agent may also disclose the Client’s
personal information to the assignee of the Authority.
16 SIGNATURE
I/We hereby confirm your Authority to act as the Agent for the leasing and managing of the Property on the terms set out herein and acknowledge the
General Terms & Conditions of Authority contained herein.
Exclusive Property
Management & Leasing
Authority.
Residential Property.
Client or authorised company signature: (All registered owners must sign)
Client Signature 1 Date
22/05/2000
Agent Date
Exclusive Property
Management & Leasing
Authority.
Residential Property.

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1632749227_6e6efc4feaacd2d838c8b38ca0ff3771(1).pdf

  • 1. Sample Print Sample Print Exclusive Property Management & Leasing Authority. Residential Property. DETAILS OF APPOINTMENT This is a Continuing Authority - See General Terms and Conditions and Services to be provided by the Agent. AGENT'S DETAILS Company Name LJ Hooker Beenleigh ABN Address 528 South Pine Road Everton Park SA 4053 Phone Fax Email CLIENT'S DETAILS Client(s) Name Joe Bove Sunny Company Name (if applicable) ACN/ABN (if applicable) 11010726628 Address 16 Ferny Way Ferny Hills Ashgrove NSW 4321 Mobile 0414 496 785 Home Phone 0414 496 765 Work Phone 0414 324 325 Email landlord@ourproperty.com CC Email nandhu@gmail.com PROPERTY DETAILS Address 16 Ferny Way Ferny Hills Ashgrove NSW 4321 AUTHORITY PERIOD FOR LEASING Exclusive Authority Period for Leasing days from this date of this Authority. Continuing Authority Period for Leasing days from the end of the Exclusive Authority for Leasing. AGENT'S AUTHORISATION IS FOR (indicate the services applicable) Managing the Property Subsequent Re-Leasing of the Property to the initial renter or assignee Leasing of the Property Signing the Rental Agreement and other relevant documents on behalf of the Client(s) Subsequent leasing of the Property to a new renter Collection of Rental URGENT REPAIRS The agent is authorised to undertake Urgent Repairs up to 56 Weeks Rent (including GST)(Prescribed in the Regulations and is subject to change). GENERAL MAINTENANCE AND/OR REPAIRS The agent is authorised to undertake General Repairs and/or Maintenance up to 26 Weeks Rent (including GST) RENTAL $ 700 Per week fortnight month Refer to clause 1.24 BOND (to be lodged with RTBA) A rental provider/agent must not demand or accept a bond that exceeds one months rental (unless the premises exceeds the prescribed amount of $900 per week). One month's rental OR The sum of $ Exclusive Property
  • 2. Exclusive Property Management & Leasing Authority. Residential Property. SCHEDULE OF FEES Management Fee $ 32 Initial Management Fee 48 % Administration Fee 3 Weeks Rent Let Fee 2 % of Weekly Rent Renewal Fee At Cost Lease Doc Prep fee n/a MARKETING EXPENSES AND/OR OTHER EXPENSES Office specific fees to be inserted here. Exclusive Property
  • 3. Exclusive Property Management & Leasing Authority. Residential Property. SERVICE SCHEDULE The Client agrees that the services to be provided by the Agent in relation to managing the Property are set out below. The Client agrees to pay the Agent's fees as set out in the Agent's Fee Schedule for the period during which the Agent manages the Property including any period beyond the Exclusive Authority Period for Leasing and the Continuing Authority Period for Leasing (if any) set out in this Authority. LETTING SERVICES INCLUDE (delete any services not applicable) 1. Provide an estimate of potential Rental income. 2. Provide marketing and/or advertising recommendations. 3. Recommend ways to maximise the Property's appeal to prospective renter. 4. Arrange preparations/display of "For Lease" board/advertising, internet etc as detailed in Marketing and/or Other Expenses. 5. Promote the Property to the Agent's data base for prospective renter if the Agent considers it appropriate and necessary to do so. 6. Provide reports in regard to new prospective renter. 7. Conduct Property inspections with prospective renter. 8. Check prospective renter applications. 9. Submit renter offers and recommendations to the Client. 10. Prepare a Property condition report at the commencement of the Rental Agreement. 11. Take pictures and/or video of Property and include with condition report. 12. Prepare the Lease and arrange for signing of the Lease by the Client, Agent and Renter. PROPERTY MANAGEMENT SERVICES INCLUDE (delete any services not applicable) 1. Collect and account for Rental. 2. Lodge the bond/bond claim with the Residential Tenancies Bond Authority at the beginning and end of tenancy (as required). 3. Arrange General Repairs and/or Maintenance/Urgent Repairs for the Property by engaging a suitably qualified contractor as is considered necessary by the Agent, or requested by the Client . 4. Notify the Client of any breaches involving non-payment of Rental, significant damage to the Property or accidents as soon as practicable after the Agent becomes aware of such events. 5. Prepare and serve Residential Tenancies Act notices. 6. Represent the Client at Victorian Civil Administrative Tribunal hearings, including any necessary preparation. 7. Engagement (as the Client's Agent) of professional/property services providers and tradespeople. 8. Monitor the Lease expiry date and advise upon current Rental trends. 9. Liaise with Renters to arrange prospective rental inspections following a notice of intention to vacate. 10. Conduct final inspections at the end of the Lease, including providing the condition report (and report to the Client accordingly). PERIODIC VISUAL PROPERTY INSPECTION TO BE CARRIED OUT BY THE AGENT As per Residential Tenancies Act 1997. Note: a periodic visual property inspection carried out by the Agent does not include the Agent moving furniture, lifting floor coverings, inspecting the interiors of roof spaces or under flooring or the inside of cupboards or Renters goods or other belongings. Agents are not qualified to assess or report on the operational and compliance requirements in accordance with applicable codes and/or regulations, in regards to building or structural, plumbing, electrical or gas fixtures or fittings, smoke alarms or swimming pool safety barriers (and associated fittings). Barry Plant strongly recommends that Clients engage suitably qualified, licensed and insured contractors on a yearly basis and as required under any applicable legislation. PROPERTY MANAGEMENT ACCOUNTING SERVICES 1. Prepare monthly statement of Rental collected and outgoings paid, and provide to the Client via email. 2. Payment of utilities/rates/land tax/owners corporation fees, if requested by the Client in writing. 3. Payment of valuers/architects/engineers/trades/contractors/professional invoices, if requested by Client. 4. Prepare end of financial year reports if requested by the Client.
  • 4. CLIENT ACKNOWLEDGMENTS The Client acknowledges having been informed by the Agent as to the Level of Service, before signing this Authority, that the Level of Service is subject to negotiation. The Client further acknowledges that the Level of Service may not enable the Agent to do all actions necessary for compliance by the Client with Residential Tenancies Act, and that the Client will make other arrangements for compliance that falls outside the scope of the Level of Service. The Client acknowledges having been informed by the Agent, before signing this Authority, that the Agent's Fees and the Marketing Expenses are subject to negotiation. The Client acknowledges that the Marketing and/or Other Expenses incurred during the currency of this Authority, whether or not a leasing takes place, will be paid to the Agent. Exclusive Property Management & Leasing Authority. Residential Property. Exclusive Property
  • 5. DEFINITIONS 1 In this Authority, which includes Details of Appointment, the following terms mean: 1.1 "Act" means the Estate Agents Act 1980 (Vic). 1.2 "Agent(s)" means the estate agent set out in the Authority together with the Agents representative as defined by the Act. 1.3 "Agent(s) Fee Schedule" is the Agent's fee schedule as set out in this Authority. 1.4 "Appointment" includes "agreement" and/or "authority" and the words "appoint" and/or "appointed" shall have corresponding meanings in the same situations. 1.5 "Authority" means the Agent's authorisation as set out in the Details of Appointment. 1.6 "Agent's Authorisation" includes "agreement" and/or "authority" and the words "appoint" and/or "appointed" shall have corresponding meanings in the same situations. 1.7 "Client" means the person on whose behalf the Agent is to act. 1.8 "Conditions" include terms and vice versa. 1.9 "Continuing Authority Period for Leasing" means the stated number of days (if any) listed as the continuing authority period for Leasing in the Details of Appointment which period commences immediately upon the expiry of the Exclusive Authority Period for Leasing. 1.10 "Details of Appointment" means the details of appointment set out in this Authority. 1.11 "Dangerous Condition" means any physical defect in the property that may cause damage to the Property or injure any person on the Property. 1.12 "Exclusive Authority Period for Leasing" means the details of appointment set out means the stated number of days listed as the Exclusive Authority Period for Leasing in the Details of Appointment. 1.13 "Expenses" means any cost or charge incurred by the Agent in relation to the Property. 1.14 "General Repairs and/or Maintenance" means anyrepairs or means any repairs or maintenance performed to the Property other than Urgent Repairs. 1.15 "GST "where used in this Authority has the meaning used in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and “GST” includes any applicable rulings issued by the Commissioner of Taxation. 1.16 "Introduced to the Property" means that the person was made aware that the Property was available to lease irrespective of the source. Without limiting the foregoing a person shall be deemed to have been introduced to the Property by the Agent if the person became aware that the Property was available for leasing as a result of viewing, hearing or reading any advertisements of whatever nature or medium or any boards, placards or other literature referring to the availability of the Property that were connected to the Agent in any way. 1.17 "Leasing Fee" means the leasing fee set out in this Authority. 1.18 "Introduced to the Property" means that the person was made aware that the Property was available to lease irrespective of the source. Without limiting the foregoing a person shall be deemed to have been introduced to the Property by the Agent if the person became aware that the Property was available for leasing as a result of viewing, hearing or reading any advertisements of whatever nature or medium or any boards, placards or other literature referring to the availability of the Property that were connected to the Agent in any way. 1.19 "Level of Service" means the Letting Services and Property Management Services selected by the Client to be attended to by the Agent set out in this Authority. 1.20 "Manage" means managing the Property and/or the collection of rent, outgoings and other moneys payable by a Renter in any way connected with the Property within the limitations of the Level of Service. 1.21 "Managing Fee" means the managing fee as set out in the Agent’s Fee Schedule. 1.22 "Marketing and/or Other Expenses" means the Marketing and/or Other Expenses set out the Agent’s Fee Schedule and includes but is not limited to fees set out in the Agent’s Fee Schedule. 1.23 "Person" includes a corporation, institution, unincorporated body, incorporated association and any group of persons appointed by the original person to take the place of the original person. 1.24 "Property means the property described in the Details of Appointment. Exclusive Property Management & Leasing Authority. Residential Property.
  • 6. 1.25 "Re-Leasing Fee" means the fee charged for re-signing an agreemeent to the existing Renter or assignee. 1.26 "Rental" means: a) an amount equal to or greater than the Rental stated in the Details of Appointment; or b) the Rental at which the Client executes a Rental Agreement even if less than the Rental stated in the Details of Appointment. 1.27 "Managing Fee" means the managing fee as set out in the Agent’s Fee Schedule. 1.28 "Rental Agreement" means an agreement to lease and is the result of obtaining a binding offer 1.29 "Residential T enancies Act" means the Residential Tenancies Act 1997 (Vic) and any regulations prescribed under the Act. 1.30 "Renter" is the person to whom the Property is leased. 1.31 "Safety Related Activities" means the routine safety compliance checks prescribed by the Residential Tenancies Act (i.e. smoke alarm servicing and routine gas safety, electrical safety and pool barrier compliance checks). 1.32 "Suitably Qualified Person" includes a tradesperson who is registered or licensed in respect of relevant work to be undertaken, if that work requires a person to be so registered or licensed. 1.33 "Swimming Pool" means any body of water located on the Property with a depth of more than 30cm. 1.34 "Urgent Repairs" has the same meaning as defined in Section 3 of the Residential Tenancies Act or any legislation amending or replacing that Act. CLIENT CONFIRMATION 2 By signing this Authority the Client warrants: a) having read this Authority; b) being the registered proprietors of the Property and authorised to enter into this Authority; c) that there are no other existing leasing or managing Authorities in respect of the Property; d) that, in accordance with section 49A(1)(b) of the Act, prior to signing this Authority the Client was advised by the Agent that Expenses and the Managing Fee were subject to negotiation; e) having received at the time of signing a signed copy of this Authority; f) having had the opportunity to obtain legal and other professional advice with respect to this Authority; and g) that, prior to signing, the Client’s attention has been drawn to clause - 4.5, Managing Fee Sharing, clause - 4.6, Rebate Statement and clause - 11, Complaint Resolution. AGENT AND AUTHORITY 3 3.1 The Client appoints the Agent to carry out the Level of Services in this Authority for the term as set out in the Details of Appointment or any extension thereof. 3.2 The Agent agrees to such Appointment and is authorised to lease and/or Manage the Property in accordance with this Authority and/or as further instructed in writing by the Client. 3.3 The Client will refer any prospective renters of which the Client becomes aware to the Agent. 3.4 The authority vested in the Agent by this Authority will be deemed to be vested in the Agent’s authorised employees, provided however, the Client will at all times remain the principal. AGENT OBLIGATIONS AND AUTHORITY 4 Exclusive Property Management & Leasing Authority. Residential Property.
  • 7. 4.1 The Agent will continue managing the Property and the Client shall pay the Managing Fee for the period during which the Agent manages the Property, including any period beyond the Exclusive Authority Period for Leasing and the Continuing Authority Period for Leasing. 4.2 The Agent will provide the Client with an itemised list of the Marketing and/or Other Expenses if requested by the Client. 4.3 The Client consents to the Agent delegating from time to time any of its’ obligations under this Authority including leasing and/or managing the Client’s Property. Any such delegation by the Agent will be made in its’ capacity as the Agent of the Client and not as a principal in its own right. If the Agent delegates an obligation, the Agent will remain responsible for the performance thereof. 4.4 The Agent may assign its’ rights and obligations under this Authority to any person or entity that is a registered estate agent by giving written notice to the Client. If the Client does not object to the assignment in writing within 14 days of the notice, the assignee is deemed to hold this Authority as if the assignee was the Agent named in this Authority and was the Agent that provided all notices, disclosures and the warranty set out in this Authority. 4.5 The Client acknowledges that the Agent may share Leasing or Managing Fees with an employee who is an estate agent/agent’s representative, or with an estate agent who is the Agent’s business partner. In the event that the Agent utilises the services of other real estate agent to better facilitate the provisions of this Authority, the Client acknowledges that the Agent may share the Managing Fee with the other real estate agent(s) for that purpose.(if the Managing Fee will be shared with anyone else, complete & attach the “notice of commission sharing” approved by the Director of CAV, at the time of signing this Authority. The notice can be downloaded at www. consumer.vic.gov.au). 4.6 The Agent will not be, or is unlikely to be, entitled to receive any rebates or discounts. These rebates might be received for advertising, maintenance or expenses paid on behalf of the Client (if entitled to a rebate, complete & attach the rebate statement approved by the Director of CAV, at the time of signing this Authority. The statement can be downloaded at www.consumer. vic.gov.au). a) if at any time the Client becomes aware of any Dangerous Condition, the Client will immediately notify the Agent in writing; and b) in the event that anybody is injured because of the Dangerous Condition of the Property, the Client will fully indemnify and release the Agent (and anybody engaged through the Agent) against any resulting claim or proceeding. 4.7 All General Repairs and/or Maintenance will be initiated in accordance with the Client's instructions. In the event that no instructions are provided by the Client, the Agent is authorised to initiate any General Repairs and/or Maintenance as and where required for the Property. The Agent is authorised to undertake General Repairs and/or Maintenance up to the amount set out in the Details of Appointment. The Agent is required to obtain the Client's approval before undertaking any General Repairs and/ Maintenance if the costs are more than the amount set out in the Details of Appointment. CLIENT OBLIGATIONS AND AUTHORITY 5 5.1 If the Property is rented the Client agrees to engage the Agent to Manage the Property and agrees to pay the Agent’s Fee as set out in the Agent’s Fee Schedule for the period which the property is rented. 5.2 The Client authorises the Agent to do at the Agent's discretion and in line with good estate agency practice, all acts, matters and things necessary or desirable for the purpose of, or in relation to, or in connection with the Level of Service. 5.3 Where the Renter fails to take occupation of the Property and the Client is entitled to recover any Rental amount from the renter, the Client will take all reasonable steps to recover the Rental owing. Upon recovering any Rental amount the Client will pay the Agent all applicable Leasing Fees, Re-leasing Fees, Managing Fees and Marketing and/or Other Expenses and/or interest (if any) owing to the Agent. a) if at any time the Client becomes aware of any Dangerous Condition, the Client will immediately notify the Agent in writing; and b) in the event that anybody is injured because of the Dangerous Condition of the Property, the Client will fully indemnify and release the Agent (and anybody engaged through the Agent) against any resulting claim or proceeding. 5.4 The Client warrants to the Agent that the Property (which includes all fixtures, fittings and any goods and chattels leased with the Property) is not in a Dangerous Condition and: 5.5 The Client confirms the Property is in a fit, proper and safe condition to be let for the purposes of a Rental Agreement and further confirms having, at the time of entering into this Authority, disclosed to the Agent all relevant and material facts relating to the Property. 5.6 The Client will at all times during the currency of this Authority keep the Agent advised of and disclose to the Agent in writing, 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. Exclusive Property Management & Leasing Authority. Residential Property.
  • 8. a) the Swimming Pool/Spa is safe to use; b) the Client is not aware of any fact or matter which could render the Swimming Pool /Spa (including the associated safety barrier) unsafe to use; c) the Swimming Pool/Spa and associated safety barrier complies with all applicable laws, codes, regulations, standards and safety requirements; d) the Swimming Pool/Spa was constructed by a registered builder or by an owner-builder who obtained a certificate of consent from the Building Practitioners Board; e) a building permit, issued by a registered building surveyor, was obtained to construct the Swimming Pool/Spa, as well as the associated safety barriers; f) the gate is self-latching and self-closing; g) the safety barrier is not installed near trees, barbeques or other structures a person could use to climb up and over to access the Swimming Pool/Spa; and h) the Client has arranged for a suitably qualified and insured person to conduct a comprehensive assessment of the Swimming Pool/Spa to ensure that it complies with all applicable laws, codes, regulations, standards and safety requirements prior to signing this Authority. 5.7 In relation to any Swimming Pool/Spa, the Client warrants that: a) to arrange for a suitably qualified and insured person to conduct a comprehensive assessment of the Swimming Pool/ Spa to ensure that it complies with all applicable laws, codes, regulations, standards and safety requirements prior to signing this Authority and at least once per year during the Term of this Authority; b) to provide the Agent with evidence that the Swimming Pool/Spa has been assessed in accordance with sub-clause 5.7(a) and the outcome of that assessment; and; c) that if any person (including a Renter or Agent) reports a concern regarding the safety and/or compliance of the Swimming Pool/Spa and/or associated safety barrier, it will do all things necessary to ensure that the Swimming Pool/Spa does not pose a risk to any person (including a Renter). 5.8 In relation to any Swimming Pool/Spa, the Client agrees: 5.9 Any Person ("Signatory") who signs this Authority on behalf of a Client that is a corporation will be personally liable for the due performance of the Client's obligations as if that Signatory was the Client. If required by the Agent, the Signatory will procure a guarantee in favour of the Agent executed by all directors of the Client and such guarantees will be prepared by or on behalf of the Agent. 5.10 The Client must sign this Authority before signing a Rental Agreement in relation to the Property. 5.11 The Client acknowledges, upon receipt of advice or notice from the Agent in accordance with clause 8.1, the Client must comply with its obligations to maintain the Property in a fit, proper and safe condition. 5.12 The Client represents and warrants to the Agent that the Property complies with the minimum standards prescribed by the Residential Tenancies Act. 5.13 The Client acknowledges that the compliance with the minimum standards prescribed by the Residential Tenancies Act is an ongoing obligation and the Client represents and warrants to the Agent to frequently comply with the minimum standards prescribed by the Residential Tenancies Act. 5.14 The Client acknowledges that the compliance with the Safety Related Activities is an ongoing obligation and the Client represents and warrants to the Agent to frequently comply with the Safety Related Activities. 5.15 The Client acknowledges that once a Rental Agreement has been entered into by the Client and the Renter, it shall not be the responsibility of the Agent to enforce such Rental Agreement and the Agent is limited to its obligations under this Authority. 5.16 In addition to complying with the terms of this Authority the Client must comply with the requirements of all relevant acts, legislation, bylaws, rules and regulations, local, state and federal. 6 AGENT FEES AND MANAGING FEES a) during the Exclusive Authority Period for Leasing by the Agent or by another person (including the Client or another agent) or: b) during the Continuing Authority Period for Leasing by the Agent or: c) to a person introduced to the Property by the Agent before the Client signed this Authority or within 120 days after the expiration of the Exclusive Authority for Leasing to a person introduced to the Property within the Exclusive Authority Period for Leasing to whom as a result of the introduction the Property is leased. 6.1 The Client agrees to pay the Agent's fees as set out in the Agent’s Fee Schedule if the property is leased: Exclusive Property Management & Leasing Authority. Residential Property.
  • 9. 6.2 Clause 6.1 will not apply if the Client incurs a liability to pay another agent a Managing Fee if the Client has signed an exclusive leasing authority with another agent after the expiration of the Exclusive Authority Period for Leasing. 6.3 If the Property is not leased during the Exclusive Authority Period for Leasing and a Continuing Authority Period for Leasing is stated in the Details of Appointment, the Client appoints the Agent to lease the Property on a non-exclusive agency basis for the Continuing Authority Period for Leasing. The Client will pay the Agent’s fees as set out in the Agent’s Fee Schedule during this period. 6.4 If the Agent leases the Property during the Exclusive Authority Period for Leasing or during the Continuing Authority Period for Leasing, the Agent is authorised to subsequently re-lease the Property to the initial Renter (or the assignee of the initial Renter) or to subsequently release the Property to a new renter regardless of whether the Exclusive Authority Period for Leasing or Continuing Authority Period for Leasing has expired. The Client will pay the Agent's fees as set out in the Agent's Fee Schedule. 6.5 The Agent is irrevocably authorised to deduct the Leasing Fee, Releasing Fee and Managing Fee and Marketing and/or Other Expenses (if authorised by the Client) from the Rental received. The Agent is also authorised to deduct any other fees and expenses properly incurred by the Agent in relation to the Property from the Rental received. This Authorisation may only be amended upon the written consent of the Agent. 6.6 The Agent may maintain a lien over the Client’s documents and other chattels in the possession or control of the Agent whilst the Client is indebted to the Agent. The lien will continue until the Agent is paid in full. 7 CHANGES TO AUTHORITY a) subject to clause 7.2 of this Authority, the value of any of the expenses specified within the Agent's Fee Schedule. This does not apply to the Leasing Fee or Re-Leasing Fee which is considered a one off-payment; or b) any clause that is outdated, incomplete or requires further interpretation (for example due to a change in the law). 7.1 The Agent may at any time revise the following terms of this Authority by providing the Client with written notice of the change at least 30 days before the change takes effect: 7.2 The parties agree that any proposed change made pursuant to clause 7.1 of this Authority shall take effect and the terms of this Authority will continue under the amended conditions where the Client does not object to the proposed changes within 30 days after receiving the notification of changes by means of written notification to the Agent. 7.3 The Agent must specifically inform the Client within a written notification of charges as to the procedure outlined within clause 7.2 of this Authority. 7.4 During the entire duration of the Exclusive Authority Period for Leasing or during the Continuing Authority Period for Leasing, it is agreed that no changes to the Management Fee specified within the Agent’s Fee Schedule will be made unless amended by a document duly executed by the parties. 8 INDEMNITY 8.1 If the Client is notified by the Agent of a potential or actual fault, Dangerous Situation or concern with the Property, the notification or advice is deemed sufficient notice to the Client of a Dangerous Condition. 8.2 The Agent is not responsible for reporting any matters (including defects latent or otherwise) other than those that are readily apparent during the course of any inspections or as are brought to their attention as managing Agent by the renter. a) building and structural integrity; and b) pest, health, and other requirements. 8.3 It is the Client’s responsibility to obtain specific advice with respect to the Property and its soundness as to: Exclusive Property Management & Leasing Authority. Residential Property.
  • 10. a) any cleanliness, safety, construction, building requirements or building deteriation; or b) the Client’s failure to comply with this Authority; or c) the Client’s failure to give the Agent appropriate authority or instruction, or sufficient funds to carry out an instruction or authority; or d) the Client's failure to comply with the minimum standards prescribed by the Residential Tenancies Act, at no fault of the Agent; or e) the Client's failure to perform the Safety Related Activities prescribed by the Residential Tenancies Act, at no fault of the Agent; or f) the renter's failure to comply with his/her obligations according to the Rental Agreement, at no fault of the Agent; or g) the renter's failure (without fault on the part of the Agent) to comply with his/her obligations under relevant acts and legislation with respect to the Rental Agreement; or h) any changes made to the Act in the coming years that are not currently in existence and therefore not considered within this Authority; or i) the Agent acting in the capacity of the Client under this Authority; or j) the Client's failure to maintain the Property and carry out General Repairs and/or Maintenance or Urgent Repairs; or k) the Client's non-compliance with the provisions of clause 5.3; or l) the Client’s failure to comply with this Authority; or m) where the Client has removed, damaged or defaced a warning label or safety instructions attached on a product, fixture, or fitting provided with the Property. 8.4 The Agent having complied with its obligations under this Authority and not having been negligent, the Client indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses which the Agent may suffer or incur in respect to: 8.5 In the event that clause 5.1 applies, and the Client no longer wishes the Agent to manage the Property the Client may terminate this Authority by providing 30 days written notice to the Agent. 9 TERMINATION a) if the Client does not provide the Agent with adequate funds and/or instructions to enable the Agent to lease and/or Manage the Property; b) where the Client does not comply with the Residential Tenancies Act; c) where the client refuses to pay for Urgent Repairs at the written request of the renter and/or the Agent; d) where the Client does not respond within 7 days of receiving a written request from the renter and/or the Agent requiring the Client to pay for any Urgent Repairs; e) where the Client or its directors, officers, agents or associates engage in intimidation aggressive, violent or threatening behaviour towards the Agent; f) where the Client becomes aware of any Dangerous Condition and fails to notify the Agent in writing within two days; and g) if the Agent has reasonable grounds to believe that the Client has not complied, or is not intending to comply, with its obligations pursuant to sub-clause 5.8. 9.1 The Agent may terminate this Authority with immediate effect upon giving the Client written notice in the following circumstances: 9.2 In all other cases, the Agent may terminate this Authority by giving the Client 30 days' prior written notice with no reason required. 9.3 If the Agent ends this Authority, the Client will immediately pay or reimburse in full all Leasing Fees, Re-Leasing Fees, Managing Fees, Marketing and/or Other Expenses and/or interest (if any) owing to the Agent up to and including the date this Authority expires. 9.4 In the event that the Property is not leased during the Exclusive Authority Period for Leasing and the Continuing Authority Period for Leasing is provided in the Details of Appointment, the Client may terminate the Continuing Authority Period for Leasing by providing 7 days prior written notice to the Agent. Exclusive Property Management & Leasing Authority. Residential Property.
  • 11. 9.5 In the event that clause 5.1 applies, and the Client no longer wishes the Agent to Manage the Property the Client may terminate this Authority by providing 30 days written notice to the Agent. 9.6 The Agent may maintain a lien over the Client’s documents, keys and other chattels in the possession or control of the Agent until the Client makes repayment of all monies owing under the terms of this Authority. The lien will be discharged at such time as the Agent is paid in full. 10 INTEREST ON OVERDUE MONIES 10.1 If the Client fails to pay monies due to the Agent under this Authority within 30 days from the due date, interest will be charged at the rate of two (2)% per annum plus the rate for the time being fixed by section 2 of the Penalty Interest Rate 1983 (Vic) and shall be paid on demand to the Agent together with all other monies owing. 11 COMPLAINT RESOLUTION 11.1 Any complaints relating to the Managing Fee or the Expenses can be made to the Director, Consumer Affairs Victoria (CAV). GPO Box 4567, Melbourne, Victoria, 3001 or by telephoning 1300 73 70 30. The Client acknowledges that the Agent has procedures for resolving complaints and disputes arising from the operation of the Agent. If a complaint or dispute arises, please refer to the Agent's customer service charter. The Agent's customer service charter will be made available to the Client upon request. 12 ELECTRONIC COMMUNICATIONS 12.1 The Client acknowledges that the Agent may provide this Authority and other communications which relate to or concern this Authority to the Client from time to time by email, facsmile or other forms of electronic communications (Electronic Communications). 12.2 In accordance with Section 8 of the Electronic Transactions Act 2000 (Vic), the Client hereby consents to receiving Electronic Communications from the Agent from time to time and as required. 13 NOTICES 13.1 The Agent can deliver a notice to the Client personally, in which case the date of delivery is the date on which the Client receives the notice. 13.2 If the Agent mails a notice to the Client, notice is taken to have been given on the day it would have been delivered in the ordinary course of post, if the Agent mailed it to the Client’s last known address as specified within this Authority. a) electronically to the Client’s email address, or other electronic mail address, last known to the Agent; or b) to any person nominated by the Client to receive such notices, documents or information. 13.3 Where permitted to do so by law, the Agent may provide the Client with a notice, other documents or information: 14 PROVISION OF DOCUMENTS 14.1 Upon the Client signing the Authority, this Authority will be legally binding. The executed Authority may be sent to the Agent via facsimile or email. This Authority may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 15 PRIVACY STATEMENT 15.1 The Agent is committed to protecting your privacy in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). 15.2 The Client hereby authorises the Agent to collect, use or disclose personal information about the Client in order to act as the Agent and to perform the Agent’s obligations under this Authority. The Agent is also authorised to use such information collected to promote their services and/or seek potential clients. If the Agent assigns this Authority the Agent may also disclose the Client’s personal information to the assignee of the Authority. 16 SIGNATURE I/We hereby confirm your Authority to act as the Agent for the leasing and managing of the Property on the terms set out herein and acknowledge the General Terms & Conditions of Authority contained herein. Exclusive Property Management & Leasing Authority. Residential Property.
  • 12. Client or authorised company signature: (All registered owners must sign) Client Signature 1 Date 22/05/2000 Agent Date Exclusive Property Management & Leasing Authority. Residential Property.