PROPERTY MANAGEMENT WITH CENTURY 21
With over 13,500 offices worldwide and more than 200 offices in Australia and New Zealand, Century 21 is the world’s largest real estate group. Since its Australian launch in 1983, Century 21 has been overseen by its Chairman and owner Charles Tarbey with all operations based on his principles and training methods. The Property Management Department of Century 21 operates on a strict portfolio management system and currently manages properties for more than 20,000 residential and commercial investors.
Each investor has their own Portfolio Manager who is directly accountable for the management of each property in the investor’s portfolio within a defined area. Each Portfolio Manager oversees multiple investments within a particular area, rather than managing individual properties scattered over a wide area. This portfolio management system not only gives each investor one point of contact for their entire portfolio in one geographic area, but also gives investors access to an ‘area specialist’ who has intimate and up to date knowledge of all market conditions.
THE TEAM
At Century 21 Beachside and Lakes, we are locals. We love our community and have a deep understanding of the local property market. Using the combined experience of our team of professionals, we take the time to understand your needs and work with you to provide you with a tailored service that caters to your unique property management requirements.
Our property management service is second to none, our professionalism and efficiency in leasing and managements will ensure that your investments are free from stress.
Our wealth of experience and customer oriented service continually brings people back to Century 21. We’re the experts in real estate and serve every one of our customers to the utmost of our abilities.
WHAT OUR CLIENTS SAY
Thank you C21 Lisa, is an excellent property manager and very helpful and responsive at meeting every ones needs.
R I C H A R D , L A N D L O R D
Lisa was an amazing agent, provided professional and timely responses to all issues throughout my stay! Would happily use CENTURY 21 again!
J O E L , T E N A N T
Lisa was an amazing property manager. Great communication, friendly, very approachable, knows and does her job very well.. Totally has my 100% recommendations.
N E R I S S A , T E N A N T
Oriella managed my properties as soon as she came on board with Century 21 Beachside and Lakes. Prompt with enquiries about potential tenants after inspections. Keeping tenants and myself informed when repairs or communication was necessary. Mindful of both tenant and landlord, looking at both sides of a situation for the best outcome. Thank you Century 21 Beachside & Lakes for your unwavering support and loyalty!
L A N D L O R D
Lisa Westbury-Shaw is an exemplary property agent. We have rented through Century 21 with Lisa and we are very happy with her service and friendly manner. She is very capable, thorough and quick to act and respond to any of our needs as tenants. We would recommend her highly and would use her again in the future
M O R A G , T E N A N T
Thanks so much for all your help and work looking after our property at West Lakes. As you know, settlement occurred. We appreciate the efforts, guidance and attentiveness of all the staff at Century21 and know our ‘go to’ agent in Adelaide if ever we need one! During the time that Hamish and I have had her working for our property, she has been clear and concise and has always followed up on things when they needed to be done. She is calm under pressure and is clear in her real estate knowledge and is able to communicate this clearly to her clients. During the exit process this is when her qualities really stood out. With the place really not left in a positive way Ori, went into action to get the property cleaned up as quickly as possible. I really believe Ori went above and beyond to help us out, to ensure that the property was left in the best condition it was able to be. She also took the time to suggest additional items like change handles on vanities, update the perishing blinds, paint vents and replace exhaust fans to have the property present to the highest quality for sale. I am not sure if you have an employee of the year award but Ori should definitely be considered if there is - Ori, no doubt has an excellent career in real estate ahead of her.
K R I S T I N , L A N D L O R D
A fantastic job. I used Century 21 Beachside & Lakes as a tenant a property owner and they also sold my property for me. Lisa is a fantastic property manager. we were originally renting through her I was so happy with the way she conducted business I asked her to take on my rental property to manage. which she did a fantastic job of. I couldn’t be happier. All the staff are super friendly. extremely helpful and very professional. Cannot recommend them enough for all their services.
K I M , L A N D L O R D & V E N D O R
The best property manager. Lisa is the best property manager I have ever had as a tenant. Professional, caring and super fast in resolving any issues or property faults. I highly recommend Lisa and the Century 21 Semaphore team S H A N N O N , T E N A N T
Very Impressed. Oriella communicates clearly. I was very impressed that Oriella managed to get a tenant in these uncertain times. Thank you and good wishes to all at Century 21.
T A M M Y , L A N D L O R D
OUR SERVICES
We thank you for the opportunity to discuss the letting and management of your property. Our Property Management Department offers a complete and comprehensive range of services.
• Conveniently situated at a very prominent location on the corner of Semaphore Road & Military Road, Semaphore
• Free rental appraisals
• Careful selection of tenants
• We accompany prospective tenants through premises at all open house appointments
IN SHORT
• A comprehensive, thorough and detailed inspection report on the condition of your property prior to tenant occupancy.
• Regular quarterly inspections are carried out and a copy of this report is forwarded to you including photos
• Rents collected and arrears followed up daily. Our office procedure practices a “zero tolerance in rent arrears.”
• Accounts paid as per your instructions (i.e. water and council rates)
• Monthly statements and end of financial year summary
• Promotion of the property will be placed on our internet websites, office window.
• Prompt in responding to internet enquiries and show throughs.
• Thorough investigation into applications.
• Carry out very detailed ‘ingoing report’ which is signed by tenant.
• Never miss a routine quarterly inspection.
• Check arrears daily and send SMS messages to tenants who are overdue. “Our office practices Zero tolerance to rent arrears”
• Ensure termination forms and tribunal hearing requests are issued on correct days.
• The bond will not be distributed until we are totally happy with the way the property is handed back.
• Notify owner of maintenance issues.
• Provide an easy to read End of Month Statement & End of Financial year report.
• We are friendly and conscientious staff ready to look after your property and tenants needs.
A good property management team wiII be ...
RENTAL DEPARTMENT
Our duties as professional Property Managers
W E W I L L F I N D T H E
M O S T S U I T A B L E T E N A N T B Y
Checking the current and former Landlord’s references and confirmation of past and current employment or business reference. Advertise for you, receive all enquiries and show prospective tenants through.
A S A P P O I N T E D
A G E N T S W E W I L L
Lodge a bond equivalent to 4 weeks rent to Consumer Business Services (CBS) for all homes up to $800 per week. Lodge a bond equivalent to 6 weeks rent to Consumer Business Services (CBS) for all homes over $801 per week. Complete and serve all forms including leases and notices required to be served under the Residential Tenancies Act.
R O U T I N E I N S P E C T I O N S
These are carried out quarterly and internal photos will be provided. If we discover some issues or urgent maintenance problems, you will be notified immediately after the inspection.
S T AT E M E N T A N D P AY M E N T
Accounting is handled from our Semaphore Office. We normally close our books on the last business day of each month. Payment is electronically transferred on the last day of each month, therefore you should receive it the following day. If you are depending on rent to pay your mortgage, you should ensure that you allow for Letting Fees and advertising which will come out of your first month’s rent. So it could be 2 months before you are getting the full income into your bank account.
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Tenants may pay rent in a number of different ways through the Deft Card system including Credit Card, B-Pay and electronic transfer. Arrears are checked daily and reminders are sent to tenants via SMS messages to their mobiles. This is a very efficient way of keeping the arrears down to a minimum as everyone loves receiving text messages.
L
A specialised insurance to cover loss of rent. tenant absconding, damages to the property and owners contents, malicious damage and Legal fees.
It also covers extra public liability coverage. It is highly recommended that you read the literature from EBM Insurance enclosed.
The agent will not be held responsible for Insurance. It is the Landlord/ Owners responsibility to make sure their property is insured for building and public liability. You will need to notify your Insurance Company that the property is changing from residential to rental. Also. if your property is unoccupied for more than 2 months, you must notify the insurance company as the property will not be covered.
C O N T E N T S I N S U R A N C E
Many landlords believe they do not require this insurance as the property is rented with no furniture, however you must consider items like window dressings. floor coverings. electrical appliances such as dishwashers and ovens.
M A I N T E N A N C E
We can arrange all maintenance by our qualified and insured trades people and if necessary quote will be submitted to you.
PROMOTING YOUR PROPERTY
The longer a property is vacant, the more money an investor loses. So, when your current tenants give written notice that they intend to terminate their rental agreement, Your property manager will initiate the following marketing plan.
O N L I N E P R O M O T I O N S
Photographs and a detailed description of your property are compiled and advertised online at three of the most popular real estate rental sites: realestate.com.au, domain.com.au and century21.com.au, as well as on many more industry portals. These online platforms can be monitored daily and the number of daily visits can be accessed. ensuring that your advertisement is continually optimised for the best results.
O F F I C E P R O M O T I O N S
Your property is added to our rental list and to our window displays, which always catch the eye of passersby and people looking for local rental properties.
S I G N A G E
With the owner’s agreement, we can place a ‘For Lease’ sign outside the property where it will easily be seen by traffic and pedestrians.
P R O F E S S I O N A L P H O T O S & F L O O R P L A N
We see value in professional photos and floorplan, so do our prospective tenants. Reduce tenancy time and direct the best quality tenants to your listing.
SCALE OF FEES
Century 21 Beachside & Lakes
ADDRESS
Main 57 Semaphore Road, Semaphore SA 5019
Postal PO Box 250, Semaphore SA 5019
CONTACT
Phone(08)8242 1233
RLA 123460
MS ROSALIE GRICKAGE 57 Semaphore Road SEMAPHORE SA 5019
TRANSFERRED TO YOUR BANK ACCOUNT $540.60
WEB C21.com.au/semaphore
EMAIL propertymanager1@semaphorerealestate.net.au propertymanager2@semaphorerealestate.net.au
TAX INVOICE AGENT ABN 37-070-347-616
OWNER STATEMENT FOR Period ending 28/02/23
Reference GRICK
RENTING WITH PETS
Benefits for landlords and tenants
Approximately 60% of South Australian households own a pet such as a dog, cat, fish, bird or rabbit. Many pet owners care for their pets as a special part of their family. But sadly, around 30% of dogs and cats that are surrendered to animal shelters are by owners who aren’t able to find accommodation that allows pets.
Responsible pet owners can make very good tenants; the kind that sign long term leases and take good care of their homes.
A landlord. strata or community corporation cannot prevent a tenant with a disability from using an assistance dog or therapeutic animal. Contact the Equal Opportunity Commission of South Australia on 8207 1977 or the Australian Human Rights Commission on 1300 656 419 for more information.
BENEFITS OF A PET-FRIENDLY RENTAL:
• The property may be able to be rented out faster, potentially reducing the advertising spend.
• May find long term renters.
• The presence of a dog can help to prevent vandalism and break-ins that cause damage to the property.
• Allowing a tenant to keep a much loved pet for companionship can give them a sense of comfort.
• Reducing the number of animals that are euthanised in South Australia.
SECURING A PET FRIENDLY RENTAL
It’s important for tenants to let a prospective landlord know that they are a responsible pet owner and will be a good tenant. This can be supported by providing:
• A reference from a previous landlord for you and your pet.
• Information about your pet in terms of their nature. registration and vaccination - a pet resume can be used.
STRATA OR COMMUNITY TITLE PROPERTIES
For strata or community title properties, the tenant will usually need the consent of the strata or community corporation as well as the landlords approval to keep an animal.
INFORMATION TO HELP PROMOTE GOOD RENTAL ARRANGEMENTS:
• A guide for landlords and managing agents - tenants with pets
• A guide for tenants - renting with pets
• Pet application/resume - Example
• Pet agreement - example of terms and conditions (e.g. number and type of animals. whether they are to be kept inside/outside).
FOR INFORMATION ABOUT
• The rights and responsibilities of landlords and tenants visit sa.gov.au/ tenancy/renters or phone Consumer and Business Services on 131 882.
• Strata and community titles contact the Legal Services Commission on 1300 366 424 or see the Strata Titles Legal Guide
This initiative has been developed by: Department of Environment, Water and Natural Resources: Dog and Cat Management Board: Consumer and Business Services: Housing SA: and Office for Women.Residential Property Management Agreement
Schedule
Are there additional
Yes If yes, refer to Annexure - Additional Landlords
The Landlord must disclose to the Agent the existence of any current Residential Management Agreements relating to the Premises.
term of the Management Agreement shall be:
until
Residential Property Management Agreement
Residential Property Management Agreement
Schedule
11 Maximum expenditure allowed without Landlord’s approval: $ MAINTENANCE
300 00
Note: Emergency repairs will be undertaken immediately after they are reported Every effort will be made to contact the Landlord to advise of the emergency However, if this is an after hours emergency, the repairs will be carried out at the Landlord’s expense and the Landlord advised as soon as reasonably practicable.
12.
DISCLOSURE OF AGENT’S INTERESTS CHARGES TO TENANT
13. All water usage costs adjusted for the period of tenancy All water usage costs in excess of kL All water supply charges adjusted for the period of tenancy No charge for water
owner to supply account copy as soon as possible to verify ownership
14.
If the Property is not individually metered for a service, the Tenant must pay an apportionment of the cost of the service as set out below:
Note:
The Landlord should provide the Agent with a copy of the bill for rate s and charges by the water supply authority within 21 days of the issue of the bill
Funds to be paid to Landlord: Monthly Landlord 1 Payment method:
per annum, with such allowance to be adjusted for the period of tenancy Other
Landlord 2 Payment method (if required):
PAYMENT TO LANDLORD Bank account:
15. (Clause 4 1 5)
The Landlord shall effect and maintain the following insurance policies during the Term: Building/Strata Insurance
Residential Property Management Agreement
ADDITIONAL CONDITIONS
CAPITAL WORKS CLAUSE:
As detailed below
See annexure
The landlord may request the agent source quote/s for capital work/s to the landlords property The agent will source quotations on a fee for service basis, typically 10% of the quote The agent has no obligation to provide such services if the landlord does not wish to pay the fee
The agent disclaims and will be exempt from liability in respect of anything misleading, false, incomplete or inaccurate and any errors, mis-description and all associated disappointment, loss, expense, damage, inconvenience and delay caused by such quotations The agent disclaims and will be exempt from liability for anything to do with the supply or any capital works evaluating from the quotation/s This includes liability (whether as a matter of contract, tort, statute, restitution, or otherwise) for any direct, indirect or consequential loss, claim, expense, proceeding, demand, disappointment, death, injury, withdrawal, cancellation or failure to provide the capital works
The parties agree the landlord's acceptance of a quote or approval of capital expenditure will only be effective if provided to the agent in writing and the appropriate deposits are paid to the contractor/s The agent recommends the landlord seek independent advice/ consult a suitably qualified professional prior to accepting quotations and approving the commencement of capital works The landlord acknowledges and agrees that a failure to take such advice is at the landlords risk
Residential Property Management Agreement
Terms and Conditions
APPOINTMENT
The Landlord appoints the Agent as its agent to provide the Services in respect of the Premises for the Term in accordance with the terms and conditions of this Agreement
2.
DEFINITIONS AND INTERPRETATION
1. In this Agreement, unless a contrary intention appears:
2 1 "Act" means the Residential Tenancies Act 1995;
2.2 "Advance Expenses" means the amount specified in Item 9 of the Schedule;
2 3 "Agent" means the person or organisation specified in Item 2 of the Schedule;
2 4 "Expenses" means the items specified in Item 9 of the Schedule;
2.5 "GST" means any goods and services tax or similar or comparable tax imposed by and defined in the GST Law ;
2 6 "GST Law" means A New Tax System (Goods and Services Tax) Act 1999 or any other Act or Regulation pursuant to, associated with, amending or replacing that Act Any expression used in this Agreement that is also defined in the GST Law shall have, for the purposes of this Agreement, the meaning used in or attributed to that expression by the GST Law;
2.7 "Initial Marketing Period" means the period s pecified in Item 7 of the Schedule;
2 8 "Landlord" means the person or organisation specified in Item 1 of the Schedule and includes any executor, administrator, attorney, director or any other person authorised to act on behalf of the Landlord;
2 9 "Maintenance Limit" means the amount specified in Item 11 of the Schedule;
2 10 "Outgoings" means the payments specified in Item 10 of the Schedule;
2 11
2.12
2 13
2 14
2.15
"Personal information" is information as defined by the Privacy Act 1988 (Cth)
"Prem ises" means the property specified in Item 3 of the Schedule;
"Professional Fees" means the amount specified in Item 8 of the Schedule;
"Rental" means the amount specified in Item 6 of the Schedule;
"Services" means the services specified in Item 8 of the Schedule;
"Term" means the period specified in Item 5 of the Schedule
2 17
2 16 “REISA” or “We” or “Us” means the Real Estate Institute of South Australia Limited
The singular includes the plural and vice versa and references to natural persons include corporations and vice versa Where more than one person is a party to this Agreement, the terms and conditions to be performed by them bind each party jointly and severally
AGENCY (SOLE AND GENERAL) AND TERMINATION 3
3 1 Unless otherwise specified in Item 4 of the Schedule the Ag ent is appointed as the sole agent of the Landlord for the Term
3 2 During the Term of the sole agency this Agreement cannot be terminated unless:
3 2 1 termination is by written agreement between the parties; or
3 2 2 the Premises remain unlet for the Initial Marketing Period in which case the Agreement may be terminated by either party by giving seven (7) days written notice to the other party
3.3 Wher e the Landlord wishes to terminate this Agreement at the expiration of the Term, the Landlord must provide to the Agent at least twenty one (21) days written notice prior to the expiry of the Term of sole agency
3 4 Unless terminated by the Landlord in accordance with clauses 3 2 or 3 3, upon expiration of the Term of sole agency a general or continuing agency will apply until such time as this Agree ment is terminated in accordance with clause 3 5
3.5 A general agency, whether created expressly by appointment or upon expiry of the Term of a sole agency shall continue until terminated by either party giving sixty (60) days written notice to the other party
4.
LANDLORD’S OBLIGATIONS
Landlord Warranties
4 1 The Landlord warrants that:
4.1.1 it is the owner of the Premises or has the written authority of the registered proprietor to enter into this Agreement;
4 1 2 it has the legal capacity to enter into this Agreement;
4 1 3 all information and/or descriptions provided to the Agent in relation to the Premises are true and correct and undertakes to promptly advise the Agent of any change to that information;
4 1 4 the whole of the Premises:
4 1 4 1 comprise residential premises; and
4.1.4.2 is to be used fo r residential accommodation.
4 1 5 it holds appropriate insurance in respect of the Premises as specified in Item 15 of the Schedule and will provide evidence of such cover to the Agent within seven (7) days from the date of execution of this Agreement and will maintain such insurance during the Term;
4.1.6 it has disclosed to the Agent the existence of any current Residential Management Agreement relat ing to the Premises.
4 1 7 the Premises is not subject to any rent control order and if the Premises becomes subject to such an order, the landlord will advise the Agent immediately of such an order
Residential Property Management Agreement
Terms and Conditions
Landlord Indemnities
4 2 The Landlord indemnifies and will keep indemnified the Agent against all liability or loss arising directly or indirectly from, and any costs, charges, late fees and expenses (including, but not limited to any loss of Professional Fees and Expenses) incurred in connection with or attributable to:
4.2.1 any breach of this Agreement by the Landlord;
4 2 2 the failure by the Landlord to provide adequate instructions to the Agent in respect of any matter arising under this Agreement or to provide adequate monies to the Agent to enable t he Agent to properly carry out the Agent's obligations under this Agreement;
4.2.3 any loss or damage whatsoever to the Premises or to any goods and chattels on the Premises, or injury to any person accessing the Premises; except to the extent such liability is attributable to the negligence or default of the Agent
4 3 The indemnities contained in clause 4 2 survive the expiration or termination of thi s Agreement
Landlord Acknowledgments
4 4 The Landlord acknowledges that:
4 4 1 the Agent may transfer, sell or assign their rights under this Agreement to a third party without the prior consent of the Landlord and upon such transfer the Landlord and the third party shall continue to be bound by the terms and conditions of this Agreement;
4 4 2 the Agent may receive an offer of or receive a commission, fe e or reward from another party in regard to the performance of the duties or functions to be carried out by the Agent and the Landlord consents to the Agent receiving such commissions, fees or rewards as specified in Item 12 of the Schedule or otherwise notified by the Agent in writing;
4.4.3 the Agent's duties and obligations are limited to those contained in this Agreement or as otherwise agreed in writing by the parties;
4 4 4 the Agent gives no warranty or other assurance as to the credit worthiness or financial status of any tenant;
4 4 5 where it is registered, or becomes registered for GST it will provide its Australian Business Number to the Agent as soon as reasonably practicable;
4 4 6 the Agent is expressly authorised by the Landlord to carry out the duties and obligations attributed to the Agent pursuant to this Agreement (including, but not limited to, authority to carry out the activities outlined in clause 5 1 and 5 2 below);
4.4.7 the Agent is expressly authorised to deduct any monies due and payable by the Landlord to the Agent pursuant to this Agreement (including but not limited to, the Professional Fees and Expenses) from any monies received by the Agent for and on behalf of the Landlord
5 Property Letting
AGENT'S OBLIGATIONS
5 1 Unless otherwise specified in the Schedule, the Agent will:
5 1 1 use its best endeavours to let or re-let the Premises (as applicable) as and when it becomes vacant, at the Rental specified in Item 6 of the Schedule, or at such other rental as the Landlord from time to time may nominate in consultation with the Agent;
5 1 2 at the Landlord's expense, adv ertise the Premises to let in an appropriate manner and in accordance with the information supplied by the Landlord;
5 1 3 interview prospective tenants and conduct any necessary checks (as determined by the Agent);
5 1 4 negotiate the terms and conditions of tenancy with any prospective tenants in accordance with the Landlord's instructions;
5 1 5 at the Landlord's expense, prepare a Residential Tenancy Agreement, execute such an Agreement and any other documents which may be required under the Act on behalf of the Landlord
5 2 Notwithstanding clause 5 1, the parties must specify which particular letting obligations are to apply in Item 8 of the Schedule Where it is agreed that certain letting obligations will not apply to this Agreement, the corresponding sub-clause of clause 5 1 will be waived.
Pro perty Management
5 3 Unless otherwise specified in the Schedule, the Agent will:
5.3.1 collect the Rental and other monies (if any) from the Tenant;
5 3 2 pay from monies collected by the Agent any Outgoings as specified in Item 10 of the Schedule, upon receiving accounts from or for the Landlord;
5.3.3 account and render statements in writing to the Landlord for all monies received, paid or appropriated a nd to pay all monies due to the Landlord as specified in Item 14 of the Schedule;
5 3 4 inspect the Premises from time to time when deemed necessary by the Agent and if requested by the Landlord to report in writing to the Landlord on the general condition of the Premises;
5.3.5 advise the Landlord of any major damage to or accident occurring in or on the Premises as soon as reasonably practicable upon t he Agent becoming aware of same;
5 3 6 at the expense of the Landlord, effect any maintenance or repair to the Premises as is deemed necessary by the Agent, without notice to the Landlord, provided that the cost thereof in any case does not exceed the amount specified in Item 11 of the Schedule;
INITIALS
Initials not required if using electronic signature
Residential Property Management Agreement
Terms and Conditions
5.3.7 notwithstanding clause 5.3.6, at the expense of the Landlord, effect any maintenance or repairs to the Premises whatsoever (without regard to the limit specified in Item 11 of the Schedule) where, in the reasonable opinion of the Agent, such maintenance or repair relates to an emergency, provided that the Agent will use reasonable endeavours to contact and gain the approval of the Landlord to engage in such maintenance and repairs prior to authorising such expenditure;
5 3 8 at the expense of the Landlord, arrange for any device or keys to the Premi ses to be provided to the Agent for the purposes of entering the Premises;
5 3 9 act on behalf of the Landlord in relation to insurance claims and other insurance matters in respect of the Premises as and when required to do so;
5 3 10 advise the Landlord if the Premises are or are to become vacant as soon as practicable after the Agent becomes aware of same and to seek the Landlord's instructions as to re-letting;
5 3 11 advise the Landlord as and when tenancies become due for renewal and/or expire;
5.3.12 negotiate the terms and conditions of extensions or renewals of Residential Tenancy Agreements with tenants in accordance with the Landlord's instructions;
5 3 13 refer any application for assignment or subletting to the Landlord;
5 3 14 use its best endeavours to advise the Landlord of any known breac h of terms of any Residential Tenancy Agreement as soon as reasonably practicable upon the Agent becoming aware of same;
5 3 15 complete and serve all forms and notices required which may be served by the Agent on behalf of the Landlord under the Act;
5 3 16 at the Landlord's expense, appear before the South Australian Civil and Administrative Tribunal on behalf of the Landlord (upon instruction by the L andlord) at the rates specified in Item 6 of the Schedule;
5.3.17 attend at the Premises as reasonably required and complete and serve any documentation, as required under the Act.
5 4 Notwithstanding clause 5 3, the parties must specify which particular management obligations are to apply in Item 6 of the Schedule Where it is agreed that certain management obligations will not apply to this Agreement , the relevant sub-clause of clause 5 3 will be waived
PROFESSIONAL FEES AND EXPENSES
6 1 In consideration for the Agent performing its obligations under this Agreement, the Landlord must pay the Agent the Professional Fees, and reimburse the Agent for the Expenses (including the amount of Advance Expenses where required by the Agent), and the Outgoings (if any) pursuant to the terms of clause 6 and specified in Items 8, 9, 10 and 11 of the Schedule.
Payment of Professional Fees
6 2 Subject to clause 6 4, where the Agent introduces or otherwise procures for the Landlord a tenant and the Landlord thereafter enters into an agreement to let the Premises to that tenant or to that tenant's nominee or assign, or if the Premises are let by any other means during the Term the Landlord must at that time pa y to the Agent the Professional Fees for letting the Premises
6 3 The Landlord agrees that if any Residential Tenancy Agreement between the Landlord and a tenant introduced by the Agent pursuant to this Agreement is terminated or lapses by reason of the Landlord's breach or default, or the Landlord being unwilling to proceed with the Residential Tenancy Agreement, that such conduct by the Landlord wi ll be a breach of the Landlord's obligations under this Agreement In such circumstances the Landlord will, in addition to any other monies payable under this Agreement, be liable to pay to the Agent as liquidated damages an amount equal to the Professional Fees for letting and management which would have been payable if the Residential Tenancy Agreement had been duly completed The parties acknowledg e that this is a genuine pre-estimate of the loss the Agent would incur in relation to such a breach
6 4 The Landlord will not be required to pay the Professional Fees to the Agent where, during the period in which the Premises are let, this Agreement has been properly terminated or where a general agency exists, the tenant has been obtained by another agent engaged by the Landlord to let the Premise s
Payment of Expenses
6 5 The Landlord must pay to the Agent the amount of the Expenses specified in Item 9 of the Schedule and actually incurred by the Agent within fourteen (14) days of the Agent rendering an account
6 6 The Landlord must pay to the Agent the amount of the Advance Expenses within seven (7) days of the date of this Agreement and the Agent may draw upon those monies to meet incurred ex penses
7.
GOODS AND SERVICES TAX (GST)
The Agent and the Landlord acknowledge and agree that:
7 1 If GST applies to any supply made under or in connection with this Agreement by either the Agent or the Landlord:
7 1 1 the Agent may, in addition to any amount or consideration expressed as payable in respect of the supply, recover from the Landlord an additional amount on account of GST; and
7 1 2 the Landlo rd shall pay to or reimburse to the Agent or to a third party (as the case may be), any additional amount on account of any GST that is or was incurred, paid or payable by the Agent and/or the Landlord in respect of that supply; and
7 1 3 the amount payable by the Landlord to the Agent or to a third party in respect of that supply shall be increased by the product of:
7.1.3.1 the rate at which GST is imp osed at that time; and
7 1 3 2 the amount or consideration payable for the relevant supply
Residential Property Management Agreement
Terms and Conditions
7.1.4 the Landlord shall pay any additional amount on account of GST at the same time as the payment for the relevant supply is payable or at such other time as the Agent directs
7 2 The Landlord agrees to pay and indemnify the Agent against any taxation penalties and/or interest that may be charged or levied against the Agent in respect of any GST liability under or in connection with this Agreement
7.3 If for any re ason any supply made under or in connection with this Agreement is not GST free or input taxed (as the case may be) as contemplated by the parties, then the Landlord shall on demand pay to the Agent by way of further consideration for the supply, an amount calculated in the manner specified in clause 7 1 including any penalties and/or interest incurred by the Agent under the GST Law
7.4 Clause 7 shall survive the expiration or termination of this Agreement.
INFORMATION USE AND PRIVACY CONSENT 8.
8.1
We respect your right to privacy and are committed to safeguarding your privacy. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth)
9
10.
11.
8.3
8.2 Without p rovision of certain information the Agent may not be able to act effectively or at all on the Landlord's behalf.
We and The Agent collect and use the Landlord's Personal Information and any other information about the Landlord and/or the Premises acquired by the Agent in the course of acting for the Landlord (collectively "the Information") to act on the Landlord's behalf and to perform the services and functions required by the Landlord in connection with this Agreement ("Primary Purpose"). Without limiting the generality of this clause, the Agent may disclose the Information to third parties as may be required to facilitate marketing and promotion activities, to arrange any works, repairs and maintenance in respect of the Property (where applicable), to comply with legislative requirements and for administration purposes
In addition to the Primary Purpose, the Landlord acknowledges and agrees that We or the Agent may subject to the Privacy Act 1988 (Cth), (where applicable):
8 3 1 collect, use and disclose the Information to promote services to the public and/or to seek potential clients; and disclose th e Information to third parties such as, but not limited to, other real estate business, real estate related bodies, valuers, data collection agencies, financial institutions and media organisations
The Agent collects, stores and manages your Information in accordance with its own privacy policy and/or practices By signing this Agreement the Lan dlord expressly consents to the collection and use of the Information as provided for in this clause 8 and as specified in Our Privacy Policy at www reisa com au
COPYRIGHT AND INTELLECTUAL PROPERTY
The material in this Agreement is protected by copyright under the laws of Australia and through international treaties Unless otherw ise indicated, all rights (including copyright) in the content, compilation and/or data inserted into the Agreement are owned or controlled for these purposes, and are reserved, by Us.
ELECTRONIC COMMUNICATION
The parties to this agreement each consent to either of them or their representatives signing this agreement by electronic signature and delivering this Agreement by email pursuant to the Electronic Communications Act 2000
ADDITIONAL CONDITIONS
This Agreement includes such additional terms and conditions as specified in Item 18 of the Schedule
GENERAL 12.
11 1 This Agreement is governed by and construed in accordance with the laws from time to time in force in South Australia and the parties submit to the non-exclusive jurisdiction of the Courts of this State
11 2 If any provision of this Agreement shall be found by a court of competent jurisdiction to be invalid or unenforceable in law, then in such case the parties hereby request and direct such court to sever such provision from this Agreement.
Residential Property Management Agreement
EXECUTED AS AN AGREEMENT
Signed by or on behalf of Landlord 1
Landlord Name
Signed by or on behalf of Landlord 2
Landlord Name
Date
Date
Signed by and on behalf of the Agent Date
RECEIPT
In executing this Agreement, the Landlord acknowledges receipt of a copy of this Agreement
Landlord Please Note:
OFFICE USE ONLY
Copy of Agreement provided to Landlord
1 REISA recommends that you should not sign any contractual document unless you are satisfied that you understand its terms
2 Use of this Agreement by a non-member of REISA is a breach of Copyright
NOTE: ALL PARTIES SHOULD INITIAL ALL PAGES
ANNEXURE A -
RESIDENTIAL PROPERTY MANAGEMENT AGREEMENT
This Annexure page is to be used only if there is insufficient space in the Schedule. Please insert the relevant corresponding Item number and heading
ITEM DESCRIPTION:
'REASONABLE WEAR AND TEAR' - Section 68 Tenancies Act 1995
The landlord acknowledges and agrees that use of the rental property will result in an anticipated and reasonable amount of wear and tear that will require repair/replacement and/or maintenance work from time to time Such repairs/replacements to be undertaken by the Landlord in accordance with Section 68 of the Residential Tenancies Act 1995
The Landlord further acknowledges and agrees that such wear and tear will occur even if the tenant/s clean and care for the premises to the highest standard, and wear and tear cannot in any way be prevented by the agent, nor can it become the basis upon which the Landlord may claim the Agent has not discharged its obligations to the Landlord under the Management Agreement
BUILDING AND LANDLORDS INSURANCE
It is hereby declared that Century 21 Beachside and Lakes has brought to our attention the importance of ensuring our investment premises has adequate building, public liability and landlord protection insurance We agree to hold harmless and indemnify Century 21 Beachside and Lakes and/or their servants, agents and employees against any claims whatsoever arising as a consequence of our decision to insure or not to insure Landlords to supply Century 21 Beachside and Lakes with all policy names and numbers of ANY insurance policies held over the investment premises annually
'INFORMATION ABOUT DOMESTIC FACILITIES' - Section 48 (2) Tenancies Act 1995
For domestic and commercial appliances or devices provided by the landlord for use of the tenant, for which it would be reasonable to expect such instructions to be available to explain operation or cleaning requirements
A landlord must take reasonable steps to ensure the tenant/s are given before, OR at at the time of lease signing OR at time of occupation of the premises, manufacturer's manuals, written instructions or oral instructions about the operation of any domestic facilities requiring instructions Additionally, any domestic facilities requiring instructions should be listed in the tenancy agreement ( Section 69 , 3a).
It is the landlords responsibility to provide such lists, manuals and instructions on how to care and operate all facilities within the premises to the agent within 7 days of this management agreement being signed
Failure to do so will result in the Landlord agreeing to hold harmless and indemnify Century 21 Beachside and Lakes and/or their servants/employees and agents against any claims whatsoever arising as a consequence of our decision not to supply adequate domestic facility instructions for our investment premises
DISCLOSURE OF INTENTION TO SELL - Section 47a Tenancies Act 1995
Landlords must advise prospective tenant of intention to sell the investment premises
If the landlord has previously advertised the premises for sale, intends to advertise the premises for sale OR has entered into a sales agency agreement to sell, the landlord must disclose this information to the managing agent upon signing of this document, and prospective tenant BEFORE they enter into a residential tenancy agreement 14 clear days MUST lapse prior to any advertising or open viewing commence -see Section 71a
Tenants may terminate without penalty if disclosure is not made in some circumstance -see Section 71a
FORFEITED ENTITLEMENT TO PAYMENT FOR WATER SUPPLY/USE -Section73 (3) Tenancies Act 1995
A tenant will not be liable for payment of a water account, if requested information is not provided
A tenant is NOT required to pay rates and charges for water supply and use if: payment is not requested within 90 days of receipt of account
tenant requests a copy of the original account and the agent/landlord fails to supply it to the tenant within 30 of request (cannot charge tenant for this service)
APPLICATION CHECKING
While any information contained in the referee reports/application forms has been recorded with all due care by us, Century 21 does not warrant or represent that the information is free from errors or omission, or that it is exhaustive Century 21 has made every attempt to ensure the accuracy and reliability of the information provided by third parties However, the information is provided 'as is' without warranty of any kind Century 21 does not accept any responsibility or reliability of the information provided by third parties nor to the suitability or otherwise of the information to your particular circumstances
Initials not required if using electronic signature
ANNEXURE B -
RESIDENTIAL PROPERTY MANAGEMENT AGREEMENT
This Annexure page is to be used only if there is insufficient space in the Schedule. Please insert the relevant corresponding Item number and heading
ITEM DESCRIPTION:
Intention to Sell
A Landlord must ensure any prospective tenant is advised before entering into a residential tenancy agreement, if the landlord HAS advertised or INTENDS to advertise the premises for sale, and of any EXISTING sale agency agreement for sale of the premises
Tenants have a right to terminate if disclosure is not made under these circumstances:
(a) Within 2 months after the start date of the agreement the landlord enters into a contract for sale or the rental premises
(b) The landlord did not, before the tenancy agreement was entered into, advise the tenant as required Other obligations relating to the sale of a rented premises:
NO OPEN SALES INSPECTIONS ON SUNDAYS OR PUBLIC HOLIDAYS
The landlord must advise the tenant in writing within 14 days of the intent to place the property for sale and 14 days MUST LAPSE before the premises can be ADVERTISED or MADE AVAILABLE FOR AN OPEN INSPECTION
AGENTS CANNOT SHOW/OPEN THE PREMISES to prospective purchasers on more than 2 occasions in any 7 days period (unless tenant formally agrees)
The landlord must advise the AGENT IMMEDIATELY UPON ENTERING INTO A CONTRACT FOR SALE, and provide the purchasers name, postal address and date from rent is to be paid to the the new owner
I am considering placing the premises on the market for sale in the near future YES NO (circle one)
I have been made aware of the above legislation YES NO (circle one)
I am currently under a sales agency for the sale of the premises YES NO (circle one)
Landlords Signed
Landlords Signed (name) (name)
Agent Signed (name)
Initials not required if using electronic signature
ANNEXURE C
-
RESIDENTIAL PROPERTY MANAGEMENT AGREEMENT
This Annexure page is to be used only if there is insufficient space in the Schedule. Please insert the relevant corresponding Item number and heading
ITEM DESCRIPTION:
New Requirements Relating to Domestic Facilities
Domestic Facilities Requiring Instructions means an appliance or device provided by a Landlord for the use of the tenant for which it would be reasonable to expect the tenant to require instructions
In the event of damage to any appliance, fixture, fittings or device where manuals/ instructions are NOT SUPPLIED, there will be restrictions to the Landlords entitlement for compensation It is the Landlords responsibility to provide such manuals and instructions
The Landlords intends on supplying manuals or written instructions and they will be left in the premises prior to the tenant commencing occupation in the premises
YES NO
The Landlord is aware that ALL domestic facilities are in working order and understand that ALL items visually inspected by potential tenants are expected to be in working order
YES NO
Agent Signed (name)
INITIALS
Initials not required if using electronic signature
To finalise our appointment as your sole agent to lease and manage your property, we require the following:
• Signed Residential Management Agreement
• Smoke alarm Certificate
• Landlord Insurance details
• Appliance manuals if applicable
• Building insurance/Strata insurance
• Copies of accounts you wish to re-direct for payment
• Key, remotes & alarm code, if applicable
• Pool Fence Compliance Certificate – if applicable.
MOVING FORWARD THANK YOU
We are excited about the possibility of working with you and the opportunity to act on your behalf in the management of your property. Everything we do throughout the management process will be designed to deliver you an exceptional customer experience, with our service guarantee also ensuring that. If you have any questions, please do not hesitate to call us.
ROSALIE GRICKAGE
Director/Principal 0419 032 042
rosalie@semaphorerealestate.net.au
LISA WESTBURY-SHAW
Property Manager 0417 244 507
propertymanager2@semaphorerealestate.net.au
ORIELLA CIANCI
Property Manager 0488 972 902
propertymanager1@semaphorerealestate.net.au
@century21beachsideandlakes
@C21BeachsideandLakesSemaphore
HOLLY WEST
Financial Controller 8242 1233
century21@semaphorerealestate.net.au
ACHIEVING GREAT RESULTS.
IT’S WHAT WE DO
Beachside & Lakes