EXCLUSIVE AUTHORITY TO ACT AS MANAGING AGENT OF RESIDENTIAL PREMISES

Transcription

1 EXCLUSIVE AUTHORITY TO ACT AS MANAGING AGENT OF RESIDENTIAL PREMISES AGENT: Virtual Realty ADDRESS: 123 Garriden Terrace Blue Sky City 9000 ( the Agent ) PREMISES TO BE MANAGED 5 Cluster Court Kaluka 9005 OWNER: Kerry McAllister OWNER:... (NAME(S) IN FULL) ADDRESS: 3 Nautilus Way Sea View BLUE SKY CITY 9890 ( the Owner ) Phone (Home) (Business) Mobile Fax: . POWER OF ATTORNEY OR EMERGENCY CONTACT: (Delete which is not applicable) Name: Gregory McAllister Address: 18A Tareena Street Avonsleigh BLUE SKY CITY 9886 Phone (Home)... (Business) Mobile Fax: . The Owner authorises and instructs the Agent to act as its Managing Agent on a sole and exclusive basis in respect of the above premises on the following terms: 1 THE PREMISES are to be let. At the rent of $ to $ MARKET BEST per week/fortnight/calendar month with a minimum period of 12 months and a maximum period of. The premises will be available for an anticipated term of 2 SECURITY BOND: The Agent is to receive from any Tenant a security bond in accordance with the Residential Tenancies Act 1987 and the bond shall be disbursed as set out in the relevant REIBS Agreement to Take Residential Premises. 3 PERIOD OF AGENCY: Period of agency shall be for a fixed term from 08 / 07 / 03 for 3 years and thereafter until 28 days written notice of termination is given by either the Owner or the Agent. 4 DISBURSEMENTS: The following payments may be made on the Owner s behalf: Council Rates YES / NO Unit Levies YES / NO Electricity Charges YES / NO Gardening YES / NO Lawn Mowing YES / NO Gas Charges YES / NO Insurance YES / NO Water Rates YES / NO Annual Pest Control YES / NO Service Land Tax YES / NO (Option 1,2,3) The net balance (after deduction of the Agent s fees and expenses) shall be remitted on a monthly basis to the Owner at Bank BLUE SKY BANK Branch KALUKA BSB No Account No The Agent shall submit monthly statements to the Owner at If at any time the proposed disbursements are in excess of the monies to be collected, then the Owner agrees to pay such excess as requested by the Agent.

2 5 REPAIRS AND OTHER OUTGOINGS: The Agent is authorised to spend up to a maximum of $ inclusive of GST, in any one instance, for repair of the premises. The Agent is authorised to attend to emergency repairs at the Agent s discretion. [ ] initial 6 WATER CONSUMPTION: The Owner agrees to contribute 25 % up to a maximum of XXXXX towards the cost of water consumed annually on the premises. [ ] initial 7 INSURANCE COVER: (The Owner agrees to adequately insure the premises at the Owner s expense for the period of the agency Perils Insured Company Policy No Amount Excess Due Date Buildings (Fire) Contents (Fire, Theft) Public Liability Worker s Compensation Landlord s Protection Insurance (Optional) 8 AGENT S AUTHORITY: 8.1 The Agent is authorised to: 1. select tenants and sign tenancy agreements for the premises or any part thereof on the Owner s behalf. 2. receive rents due and issue receipts for monies received. 3. exercise the Owner s or Lessor s rights to issue all notices and make applications under the Residential Tenancies Act including those notices for Breach of Agreement to Pay Rent and Termination of Agreement and represent the Owner in the Small Disputes Division of the Blue Sky City Council and any other Courts. 4. lodge complaints with the Small Disputes Division of the Blue Sky City Council and any other Courts and pay the appropriate charges. 5. sue for and in the name of the Owner or Lessor to recover sums due. 6. re-let at the end of each tenancy in the event of a vacancy. 7. advertise the availability for rental of the premises and display To Let signs thereon. 8. engage, pay and discharge all labour and employees required for the maintenance of the premise, it being agreed that all persons so employed are deemed to be employed by the Owner. The Agent shall use best endeavours to engage proper and competent persons for the carrying out of the works required for the maintenance of the premises, but is expressly discharged from any liability to the Owner arising from the performance of any such work by those persons. 9. do such lawful things as may be directed by the Owner in writing from time to time. 10. deduct from sums due to the Owner, all fees, charges and out of pocket expenses herein contained/agreed. 11. grant to the Tenant or prospective Tenant an incentive or inducement deemed necessary by the Agent in relation to the letting of the property to a maximum of.

3 FEES AND EXPENSES Fees charged by real estate agents are not fixed by law, and are to be agreed between owner and agent. GST means the Goods and Services Tax introduced pursuant to A New Tax System (Goods and Services Act (a) The Agreed Leasing Fee INCLUSIVE of GST is (i) XXXXXXX % of the gross rent for the term of the tenancy. For example if the gross rent is $XXXXXX then the Leasing Fee is $XXXXXXX OR (ii) A fixed Leasing Fee of $245 inclusive of GST for each new tenancy. The Leasing Fee payable by the Owner may be offset by a Letting Fee that may be paid by the tenant. The Blue Sky City Residential Tenancies Act restricts this contribution to the equivalent of one weeks rent estimated at $ N/A (Leasing Fee: A charge by the Agent to the owner for services in connection with finding a tenant including arranging the advertising, interviewing and checking the credentials of prospective tenants. Gross Rentals: The total dollar value of all rental revenue collected by the Agent from the tenant, before any deductions. Gross Collections: The total dollar value of all monies collected by the Agent from the tenant. This includes rents, water charges, electricity and gas charges.) (b) The Agreed Management Fee INCLUSIVE of GST is (i) 8.25.% of the gross collections per annum; for example, if the gross collections are $ , then the management fee is $ ; OR (ii) A fixed Management Fee $XXXXXXX per XXXXXXXXXX (Management Fee: Charge for services provided by the agent including collecting and disbursing rents and other monies, collecting and depositing tenant bonds, advising the owner of relevant matters, and attending to other routine matters) (c) Property Condition Report INCLUSIVE of GST: $71.50 Inventory INCLUSIVE of GST: $ NA Final Bond Report Update INCLUSIVE of GST $49.50 (d) Inspection Fees INCLUSIVE of GST $38.50 Frequency 6 weeks, then 3 monthly (Inspection Fee: A fee for service in connection with performing an inspection of the property and comparing the status of the property against the previous inspection and/or inventory report(s).) (e) Postage, Petties, Telephone, Facsimile etc INCLUSIVE of GST: $8.25 (f) Charge for attendance at meetings INCLUSIVE of GST: $ N/A (g) Annual Summary required (Yes / No) INCLUSIVE of GST: $ (h) Other Fees Payable as shown $60.50 per hour Court Attendance (inclusive of GST). Please note: owners are also responsible for the GST portion on the Leasing Fee paid by the tenant.

4 (i) The Agent is authorised to advertise the property for letting as necessary at the Owner s expense, up to an agreed maximum INCLUSIVE of GST $ on each occasion when letting is required. (j) Title Search INCLUSIVE of GST $13.20 (k) Tenant Enquiry Fees: The Agent is authorised to make enquiries as necessary at the Owner s expense, up to an agreed maximu m INCLUSIVE of GST $XXXXXXXXXX on each occasion when letting is required. (Tenant Enquiry Fee: The cost associated with the Agent making an enquiry to determine if a prospective tenant is listed on any relevant database.) (l) The Owner hereby authorises the Agent to deduct from any monies payable pursuant to this Authority/Appointment all BAD and Bank Fees in respect of that money and agree that the deductions are to be borne by the Owner (a) INTERPRETATION: BAD means any tax or charge imposed under the Debits Tax Act Bank Fees means any proper account keeping fee, transaction fee or any other charge of a like nature imposed by any bank or financial institution in respect of an account in which money referred to above is held. A fixed Charge INCLUSIVE of GST $XXXXXXXX per XXXXXXX plus any fees as detailed in section above If Clause and are not applicable and are deleted and Annexure A Schedule of Fees is attached to this Authority, then the fees set out in Annexure A shall apply. If the Owner disputes the fee payable to the Agent on the ground that it is unjust the Owner may refer the dispute to the Real Estate and Business Agent s Supervisory Board or the Real Estate Institute of Blue Sky City for adjudication. 8.2 The Owner appoints. of.. severally as representative of the Owner ( The Proxy ) or the person that the Proxy may nominate in writing from time to time in the Proxy s place to represent the Owner as proxy of the Owner to: (i) attend on the Owner s behalf all general, annual or extraordinary meetings of the Strata Company and any adjournment of any of those meetings; and (ii) to vote for the Owner on the Owner s behalf at any meeting of the Strata Company; and (iii) to sign, by way of agreement, on the Owner s behalf all special or unanimous resolutions within 28 days after the date of duly convened meeting at which the resolution was passed. I/We expressly authorise the proxy to vote on the resolution under notice relative to appointment of Strata Company Managers and I/We specify herewith that the proxy is to vote for that motion. 9 MISCELLANEOUS INFORMATION: (e.g. make of stove, hot water service, items under warranty)

5 10 SPECIAL INSTRUCTIONS: Strata Company Management details Strata levy invoices to Notices of meetings and correspondence to 11 AGENT INDEMNITY: a. The Owner hereby indemnifies the Agent against any actions, suits, demands, claims, costs or other expenses brought against or made upon the Agent or incurred by the Agent arising out of this authority. b. The Owner declares that the premises have been/have not been the Owner s principal place of residence, for the period of three (3) months immediately prior to the date of the initial tenancy commencing. 12 TERMINATION: 1. This management authority may be terminated prior to the expiry of the period of agency referred to in Clause 3 by: a. the Owner if the Agent fails to substantially perform its obligations under this management authority and such failure continues for twenty -eight (28) days after written notice complaining of such failure is given by the Owner to the Agent; or b. by the Owner or the Agent giving not less than twenty -eight (28) days notice in writing to the other. 2. In the event that this management authority is terminated by the owner, pursuant to Clause 12(a)(b), the owner will pay to the agent as and by way of liquidated damages a sum equivalent to 50% of the management fee which would otherwise be payable to the agent for the unexpired period of the agency. 3. The Owner agrees that payment of the liquidated damages under Clause 12(2) is a fair and reasonable pre-estimate of the damages likely to be sustained by the Agent if the management authority is terminated prior to the period of agency and reflects the real loss or damage likely to be suffered by the Agent. SIGNED BY the Owners Signature Date: 10/07/03. Signature Date./.../. Signed by the said Agent / Agent s Representative Date: 10/07/03. A true copy of this Agreement has been received by signatories hereto: Signed.. Date./.../.