Additions / Changes:

Clause 5.4

When appointing tradespersons the Agent must exercise proper due diligence and in so doing, except in the case of negligence on the part of the Agent, will not be liable for loss or damage caused by or resultant upon the tradespersons carrying out works.

Clause 5.14

Where the Agent is authorised and directed to carry out perform the Principal’s duties in respect to smoke alarms (Item E(1)(19) the Agent is authorised and reserves the right to employ the services of a suitably licensed tradesperson to carry out such requirements and bill the cost thereof to the Principal.

Clause 9

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.  Provided however, in carrying out such obligations the Agent acts only as Agent for the Principal.

Clause 10.1

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:

Additions / Changes:

Item 2

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

Item B

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

Clause 5.11(1)

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.

Clause 6.4

The Principal does not rely on the Agent to determine the financial or credit suitability of any prospective tenant.

Clause 16

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.

Clause 17.4

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.

Additions / Changes:

Item 3

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.

Item O

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 (O)(2))

Clause 1.1(8)

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.

Clause 2(4)

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.

Clause 5.1

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.

Clause 6.1

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.

Clause 17

Additions / Changes:

Item 3

Smoke Alarms are/ are not installed in accordance with Part 9, Division 7A of the Environmental Planning and Assessment Regulation 2000.

Item E(1)(7)

__  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

Item E(1)(19)

__  In respect to smoke alarms installed on the Premises, carry out, or appoint a contractor to carry out the Principal’s installation & maintenance obligations under the Environmental Planning & Assessment Regulation 2000 as amended. (see Clause 5.13)

Item N

A Tenant can only be charged the full Water Consumption Charges if the Premises contains the prescribed water efficiency measures detailed in Section 11 of the Residential Tenancies Regulation 2010.

Tick the option that will apply to Tenants renting the Premises:

Item O

ADDITIONAL INSTRUCTIONS

Item P Note

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.

Item Q

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.

Item R

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: ……………………

Clause 5.13

Where the Agent is authorised to perform the Principal’s duties in respect to smoke alarms (Item E(1)(19) the Agent reserves the right to employ the services of a licensed tradesperson and bill the cost thereof to the Principal.

Clause 7.1(4)

after the Tenancy Agreement is signed sufficient 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 2010.

Clause 7.1(5)

compliance with the Environmental Planning and Assessment Regulation 2000 Part 9, Division 7A (smoke alarms).

Clause 9.1(e)

the Tenant’s failure to comply with his/her obligations under the Residential Tenancies Act 2010 and or other relevant acts and legislation; or

Clause 9.1(g)

any loss arising from injury to person or damage to property howsoever caused.

Clause 14

Receipt and disposal of rental bonds shall be carried out in accordance with the provisions of the Residential Tenancies Act 2010 Landlord and Tenant (Rental Bonds) Act, 1977 as required.

Clause 16

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).

Additions / Changes:

Item G

Letting Lease Renewal Fee

Clause 6.6

In addition to complying with the terms of this Agreement, the Principal must comply with the requirements of all relevant acts, legislation, by-laws, rules and regulations local, state and federal.

Clause 16

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, for signing purposes or otherwise, by such means of communication as have been indicated in this document (ie. Facsimile numbers and email addresses).

Additions / Changes:

Clause 4.2

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.

Additions / Changes:

Clause 6.10

Where the Principal has authorised payments in accordance with Item (K) the Principal must provide all information necessary to enable such payments to be made.

Additions / Changes:

Item M

Clause 6.1

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.

Clause 6.2

The Principal will at all times during the currency of this Agreement keep the Agent advised of and disclose to the Agent in writing details of all relevant and Material Facts and changes thereto about the Property.

Clause 6.9

The Principal must have legal/public liability insurance and be covered for a minimum of 10 million dollars, in addition to any insurance provided by a body corporate for common areas. 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.

Clause 16

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, by as far as such means of communication as have been indicated in this document (ie.  Facsimile numbers and email addresses).

Clause 17

Additions / Changes:

Clause 1.1(8)

Material Fact: A Material Fact has, where used in this Agreement, the meaning given to it by Section 52 of the Act.

Additions / Changes:

Item G

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Item G

Note

A fee may be expressed as either: a) Fee + GST = GST inclusive Fee or b) single GST inclusive figure

Item H

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Additions / Changes:

Item 3

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}

Item 4

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)

Clause 5.1

The Agent is authorised and directed, by the Principal, to disclose all relevant and material facts in relation to the Property.

Clause 5.2

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.

Clause 6.1

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.

Clause 6.3

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.

Clause 7.1

At the start of the tenancy the Principal must ensure:

Clause 8.6

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.

Clause 8.8

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.

Clause 9.1

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:

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.

Additions / Changes:

Clause 6.8

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.

Additions / Changes:

Item N

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: ..................................

Additions / Changes:

Clause 7.1(c)

the tenant's failure to comply with his/her obligations according to the Tenancy Agreement at no fault of the Agent; or

Additions / Changes:

Clause 14

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).

Additions / Changes:

Item 5.2

Rent Paid: ........................................................... per weekly / fortnightly / monthly in advance

Item 6

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.

Item 12

The Principal authorises and directs the Agent to pay from rental the items marked to be paid.

Clause 6.1

At the start of the tenancy the Principal must ensure:

Additions / Changes:

Item 7

Subsequent Letting Fee (not a renewal)

Add row Letting Renewal Fee

Additions / Changes:

Clause 13

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.

Additions / Changes:

Item 5.6

Inspections of the Property may be carried out by prospective Tenants under the following circumstances: ………………………

Item 7

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

Item 8

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

Additions / Changes:

Clause 6.1 (4)

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.

Clause 5.5

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.

Clause 5.6

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.

Clause 7.2

The Principal must meet the requirements of all relevant acts, legislation, by-laws, rules and regulations local, state and federal.