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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
11 Sep 2012 v4.5
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Clause 8.1(f)
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the Agent acting in the capacity of the Principal under this Agreement (except in the case of negligence on the part of the Agent)
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Clause 15.2(2)
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property data collection agencies; and/or
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01 Jan 2012 v4.4
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Clause 7
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Insofar as either party to this Agreement is, with respect to the Property a - Person Conducting a Business or Undertaking (under the Work Health and Safety Act 2011, Regulations or relevant Codes of Practice in relation thereto) such party must comply with the Act, Regulations or relevant Codes of Practice. rovided however, in carrying out such obligations the Agent acts only as Agent for the Principal.
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Clause 8.1
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The Agent having complied with its obligations under this Agreement, 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:
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02 Aug 2011 v4.3
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Item 2
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AGENT *(Where the Agent trades as a corporation, include the corporation’s licence number)
Name: ...........................................................................................................................................
Address: …………………………………………………………………….....… ACN: …………………………
……………………………………………………………………………………... ABN: …………………………
Phone: ..(….)……………………….. Fax: ..(…..)…………………….…. Mobile: ……………………………..
Email: ………………………………………….…………………………………………..………………………...
Licence Number/s*: ….…………………………………………………...…. GST Registered: __ Yes __No
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Clause 4.4
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the Agent will be responsible for locating and introducing to the Principal suitable prospective tenants based on agreed established criteria for this type of selection so as to enable the Principal to make an informed decision as to the acceptability of the prospective tenants. Provided however, the Principal confirms it does not rely on the Agent to establish beyond the extent of the criteria, the credit worthiness of the Tenant.
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Clause 5.4
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The Principal does not rely on the Agent to determine the financial or credit suitability of any prospective tenant.
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Clause 13
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The parties agree and confirm this Agreement documents may be forwarded electronically to a person if that person the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.
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Clause 14.4
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The Principal has the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.
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21 Feb 2011 v4.2
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Item 3
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Smoke Alarms are/are not installed in accordance with Part 9, Division 7A of the Environmental Planning and Assessment Regulation 2000.
(a) smoke alarms last tested and cleaned: …../…../…… (b) Date batteries last changed: …../…../……
{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}
An Electrical Safety Power Switch is / is not installed for general purpose socket outlets.
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Item 10
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Section 26 (1) of the Residential Tenancies Act 2010 provides that a Landlord or Landlord’s Agent must not induce a tenant to enter into a residential tenancy agreement by any statement, representation or promise that the Landlord or Agent knows to be false, misleading or deceptive or by knowingly concealing a material fact of a kind prescribed by the regulations. (See Item (10)(2))
1.
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Disclosures Required under Section 26(2) of the Residential Tenancies Act 2010:
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(1) Any proposal to sell the Property: if ‘yes’ when: ………….........………………....
(2) Has a contract to sell the Property already been prepared:
(3) Has a mortgagee taken action for possession of the Property:
(4) Has the mortgagee commenced proceedings in a court to enforce a mortgage over the Property:
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__ Yes __ No
__ Yes __ No
__ Yes __ No
__ Yes __ No
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2.
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The Residential Tenancies Regulation 2010 prescribes the following Material Facts in accordance with Section 26 (1) of the Residential Tenancies Act 2010:
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(1) the Property has been subject to flooding or bush fire in the preceding 5 years:
(2) the Property are subject to significant health or safety risks that are not apparent to a reasonable person on inspection of the Property: (eg. Asbestos, lead paint, presence of mould)
(3) the Property have been the scene of a serious violent crime within the preceding 5 years:
(4) council waste services will be provided to the tenant on a different basis than is generally applicable to residential premises within the area of the council:
(5) that because of the zoning of the land, or other laws applying to development on the land, the tenant will not be able to obtain a residential parking permit (in an area where only paid parking is provided):
(6) there exists a driveway or walkway on the Property which other persons are legally entitled to share with the tenant:
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__ Yes __ No
__ Yes __ No
__ Yes __ No
__ Yes __ No
__ Yes __ No
__ Yes __ No
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Please provide additional information where you have answered ‘yes’ to any of the above statements:
..................................................................................................................................................
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3.
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Additional Matters not prescribed by the Residential Tenancies Regulation 2010: (if insufficient room, attach schedule)
(1) Requirements of an Owner’s Corporation (if any) in addition to By-laws:
……………………………………………………………………………………………………………………..
(2) Any Requirements as to repair or servicing to property, chattels or services:
……………………………………………………………………………………………………………………..
(3) Details of any telephone &/or internet services available:
……………………………………………………………………………………………………………………..
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Clause 1.1(4)
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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 and includes matters set out in Section 7 of the Residential Tenancies Regulation 2010.
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Clause 2(4)
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it has disclosed to the Agent in writing all Material Facts and has not made any statement known to be false, misleading or deceptive in compliance with Section 26 of the Residential Tenancies Act 2010.
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Clause 4.1
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The Agent is authorised and directed, by the Principal in compliance with the Act and the Residential Tenancies Act 2010, to disclose all relevant and material facts in relation to the Property.
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Clause 5.1
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The Principal confirms having, at the time of entering into this Agreement, disclosed correct details to the Agent of all relevant and Material Facts relating to the Property and having complied with the requirements of Section 26 of the Residential Tenancies Act 2010.
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Clause 14
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14.1
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The Agent collects and uses personal information provided by obtained from you as the Principal to provide the services required by you or on your behalf.
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14.2
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You as the Principal agree the Agent may subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such personal information to: in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable):
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(1)
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potential tenants; and/or
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(2)
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data collection agencies; and/or
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(3)
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Owner’s Corporations & financial institutions; and/or
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(4)
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tradespeople and similar contractors in order to facilitate the carrying out of works with respect to the Property; and/or
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(5)
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other third parties as may be required by the Agent for the purposes of marketing, sales promotion, administration and complying with legislative and regulatory requirements.
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14.3
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Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf.
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14.4
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The Principal has the right to request the Agent provide details of such information provided and also do all things reasonably necessary to amend or remove correct any inaccurate or out of date information.
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31 Jan 2011 v4.1
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Item 3
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Smoke Alarms are/ are not installed in accordance with Part 9, Division 7A of the Environmental Planning and Assessment Regulation 2000.
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Item 5.1(7)
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__ Receive, lodge, claim and disburse Rental Bonds in accordance with the provisions of the Residential Tenancies Act 2010 Landlord and Tenant (Rental Bonds) Act 1977
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Item 10
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ADDITIONAL INSTRUCTIONS
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Item 11 Note
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The Special Conditions are inserted under instruction from a party to this Agreement and where not prepared by that party, were prepared by an Australian Legal Practitioner and not the Agent. No warranty is given by the Agent. Legal advice should be sought.
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Item 12
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Signature of Principal(s)
………………………………………….
Date: ……/……/……
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Signature of Agent
………………………………………….
Date: ……/……/……
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PS&BA Act Section 55(1)(c) – a copy of this Agreement signed by the Agent must be served on the Principal or Landlord within 48 hours after signing by the Principal or Landlord.
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Item 13
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A signed copy of this Agreement must be served, by the Agent, on the Principal within 48 hours after signing by the Principal. If a copy was given at the time of signing the Principal(s) confirm having received such copy by initialing.
Principal(s) initials: ……………………
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Clause 7.1(e)
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the Tenant’s failure to comply with his/her obligations under the Residential Tenancies Act 2010 and or other relevant acts and legislation; or
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Clause 13
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The parties agree and confirm documents may be forwarded electronically to a person if that person has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.
By signing this Agreement all parties acknowledge 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 documents agreements for signing purposes or otherwise, by such means of communication as have been indicated in this document (ie. Facsimile numbers and email addresses).
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23 Sept 2009 v4.0
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Clause 3.5
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When delegating authority to authorised employers the Agent (licensee) in charge of the business, must properly supervise such person/s in accordance with the guidelines issued by the Commissioner for Fair Trading.
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30 Jun 2008 v3.9
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Clause 1.1(4)
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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 v3.8
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Item 7
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 7
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 8
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 v3.7
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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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Clause 4.1
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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 4.2
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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 4.7
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The Agent is authorised to deduct from monies received by the Agent on behalf of the Principal all Fees and other authorised outlays owing to or incurred by the Agent in association with this Agreement, including those Fees, Charges and payments authorised in Items (7) and (8) respectively.
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Clause 5.3
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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 6.8
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The Principal acknowledges before entering into this Agreement the Agent has provided a printed guide to the Agent’s Fees and Commissions and to the Expenses for which the Agent will require to be reimbursed.
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Clause 7.1
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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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The Agent will be indemnified by the Principal in respect of 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.
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05 Apr 2007 v3.6
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Item 10
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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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10 Jan 2006 v3.4
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Clause 10
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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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22 June 2005 v3.3
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Item 4
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This Agreement is an Exclusive/Open Leasing Agency Agreement, starting on ..../..../.... and will be terminated when the property is let or at any time in writing with ............. days notice by either party without prejudice.
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