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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
30 Jun 2008 v2.5
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Clause 1.1(8)
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Material Fact: A Material Fact has, where used in this Agreement, the meaning given to it by Section 52 of the Act.
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10 June 2008 v2.4
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Item G
Grid Header
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Description of Service/Fee
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Fee (GST Inclusive)
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*Due and Payable
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Item G
Note
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A fee may be expressed as either: a) Fee + GST = GST inclusive Fee or b) single GST inclusive figure
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Item H
Grid Header
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Description of Expense
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Amount (GST Inclusive)
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*Due and Payable
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20 Dec 2007 v2.3
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Item 3
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Smoke Alarms are / are not installed in accordance with Division 7A of the Environmental Planning and Assessment Regulation 2000.
{Owners of all houses and units dwellings in NSW must install and maintain smoke alarms in compliance with the Environmental Planning and Assessment Regulation 2000 as amended}
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Item 4
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The Agent must, as soon as practicable after entering into this Agreement, prepare and give to the Principal this inspection report for the Property. (see Schedule 3, Part 2, Clause 8 of the PS&BA Regulation 2003)
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Clause 5.1
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The Agent is authorised and directed, by the Principal, to disclose all relevant and material facts in relation to the Property.
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Clause 5.2
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The Agent must, in compliance with Section 52 of the Act, not make any promise that is false, misleading or deceptive or conceal any material facts.
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Clause 6.1
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The Principal confirms having at the time of entering into this Agreement disclosed to the Agent all relevant and material facts relating to the Property.
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Clause 6.3
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There is a positive obligation on the Principal to disclose relevant and material facts. Any failure to disclose information known to the Principal which may detract from the letting of the Property will be a breach of this Agreement.
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Clause 7.1
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At the start of the tenancy the Principal must ensure:
(1)
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the Property and inclusions are reasonably clean and comply with local and state authority building and environmental planning and assessment legislation.
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(2)
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the Property is safe and fit for the Tenant/s to live in.
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Note: Prior to occupancy the Principal should have the Property inspected by someone with appropriate experience in house maintenance.
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(3)
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the Property and inclusions (including all locks and security fittings) are maintained and are in a reasonable state of repair.
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(4)
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after the Tenancy Agreement is signed sufficient provide keys to the Property are provided to the Agent and Tenant/s for each lock as provided in accordance with section 29 of the Residential Tenancies Act 1987.
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(5)
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compliance with the Environmental Planning and Assessment Regulation 2000 Division 7A (smoke alarms).
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Clause 8.6
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The Agent shall be entitled to a Letting Fee should the Agent introduce a tenant during the term of this Agreement, provided however no Letting Fee will be payable in cases where the Principal, after the expiration of this Agreement, has subsequently entered into a separate Exclusive Leasing Agreement.
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Clause 8.8
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The Principal acknowledges before entering into this Agreement the Agent has provided a printed guide of the Agent’s Fees and Commissions and to the Expenses for which the Agent will require to be reimbursed.
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Clause 9.1
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The Principal indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement, in respect of:
(a)
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authorised letting advertising or signage; or
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(b)
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the Principal’s failure to comply with this Agreement; or
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(c)
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the Principal’s failure to give the Agent prompt and appropriate authority or instruction to carry out an instruction or authority; or
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(d)
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the Tenant’s failure to comply with his/her obligations according to the Tenancy Agreement at no fault of the Agent; or
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(e)
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the Tenant’s failure to comply with his/her obligations under the Residential Tenancies Act 1987 and/or other relevant acts and legislation; or
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(f)
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the Agent acting in the capacity of the Principal under this Agreement.
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This means The Agent will be indemnified compensated by the Principal in respect of for such actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement or resultant upon any act, omission or negligence on the part of the Principal. in respect to this clause.
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26 Sept 2007 v2.2
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Clause 6.8
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The Principal must have public liability insurance and be covered for a minimum of 10 million dollars. Such policy must be maintained for the term of this Agreement and the Principal must, upon request, provide a certificate annually confirming the currency of such policy.
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05 Apr 2007 v2.1
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Item N
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The Agent is / is not authorised to conjunct with other agents for a Conjunctional Leasing of the Property for the duration of this Agreement. If so Commission is:
Commission Apportionment as a %: (If not completed Commission will be apportioned equally)
Appointment Agent: ........................... Conjuncting Agent: ..................................
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01 Sept 2006 v1.8
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Clause 7.1(c)
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the tenant's failure to comply with his/her obligations according to the Tenancy Agreement at no fault of the Agent; or
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11 Jan 2006 v1.6
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Clause 14
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By signing this Agreement all parties agree to having given prior approval, in accordance with the Electronic Transactions Act 2000 No. 8, for electronic transmission of this Agreement and any other related agreements, for signing purposes or otherwise, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).
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04 Sept 2005 v1.5
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Item 5.2
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Rent Paid: ........................................................... per weekly / fortnightly / monthly in advance
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Item 6
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6.1 The Property is to be advertised/promoted in the following way:
6.2 Expenditure under this item is not to exceed ........................................... per letting.
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Item 12
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The Principal authorises and directs the Agent to pay from rental the items marked to be paid.
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Clause 6.1
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At the start of the tenancy the Principal must ensure:
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(1)
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the Property and inclusions are reasonably clean
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(2)
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the Property are safe and fit for the tenant to live in
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Note: Prior to occupancy the Principal should have the Property inspected by someone with appropriate experience in house maintenance.
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(3)
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the Property and inclusions (including all locks and security fittings) are in a reasonable state of repair.
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(4)
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after the Tenancy Agreement is signed provide keys to the Property to the Agent and tenant/s for each lock as proved in accordance with section 29 of the Residential Tenancies Act 1987
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30 Mar 2005 v1.4
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Item 7
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Subsequent Letting Fee (not a renewal)
Add row Letting Renewal Fee
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17 Mar 2005 v1.3
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Clause 13
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The Agent collects and uses personal information obtained from you as Principal to provide the services required by you or on your behalf. You as Principal agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) to third parties for (where applicable) marketing, and sales promotion and administration and as required for legislative and regulatory requirements and relating to promotion administration and use of the Agents products and services. Without provision of certain information the Agent may not be able to act effectively or at all on the Principal's behalf. The Principal has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.
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15 Sept 2004 v1.2
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Item 5.6
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Inspections of the Property may be carried out by prospective Tenants under the following circumstances: ………………………
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Item 7
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Attendance in accordance with Item 5.6
Where attendance in accordance with Item 5.6 has been deleted insert:
Preparation of case in respect to Item 5.7 (6) & 5.7 (7)
And underneath that insert:
Tribunal attendance in respect to Items 5.7(6) and 5.7 (7)
Insert clause reference 4.3
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Item 8
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Insert under administration expenses:
Application for tribunal or court order in respect to Items 5.7 (6) & 5.7 (7)
Insert clause reference 4.3
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16 Aug 2004 v1.1
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Clause 6.1 (4)
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after the Tenancy Agreement is signed provide keys to the Property to the Agent and tenant/s for each lock as proved in accordance with section 29 of the Residential Tenancies Act 1987.
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Clause 5.5
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The Client must obtain and maintain the insurance policies listed in Item E of the Items Schedule, and the Client must upon request, provide certificates annually for each insurance policy confirming the currency of such policies.
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Clause 5.6
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The Client must have legal/public liability insurance and be covered for a minimum of 10 million dollars. Such policy must be maintained for the term of this Agreement and the Client must upon request provide a certificate annually confirming the currency of such policy.
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Clause 7.2
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The Principal must meet the requirements of all relevant acts, legislation, by-laws, rules and regulations local, state and federal.
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