I/We hereby appoint the stated Agent in this agreement to act as my/our Agent and Property Manager (hereinafter called “the Agent”) on the terms and conditions set out below with respect to the property details and other matters referred to in the Management Agreement.
and I/We authorise and instruct you:
• To recite our names on any Tenancy Agreement you prepare on our behalf.
• To use your style of Tenancy Agreement and in that Agreement to prohibit the Tenant from subletting, or parting with possession of the tenancy premises at any time.
• To advertise for tenants and to select the best applicant on merit and when necessary or appropriate to sign Tenancy Agreements on my/our behalf.
If the agent completes the process of advertising, receiving and perusing applications, checking references and has otherwise facilitated the introduction of a suitable tenant, then at that time and before the Tenant has signed a written Tenancy Agreement with the Agent and the Owner withdraws the property from the rental market for any reason, then the Owner shall be liable to pay the Agent a letting fee and advertising costs incurred equivalent to the amount lost by reason of the Owners withdrawal of the property from the market.
Inspections - To complete a property inspection report at the beginning and end of each new tenancy.
To inspect the property, at the stated inspection frequency and to make a written report of the inspection.
Bond - To collect a Bond equivalent to 4 weeks rent unlessed I/we agreed for a lesser bond to be paid by the tenants and to transfer this amount to Tenancy Services - Ministry of Business Innovation and Employment within 23 working days of receipt and to refund to the Tenant at the end of the tenancy any part of the bond as is in your judgement is appropriate.
Rent
• To collect rental payments as and when they fall due for payment.
• To review the rent on a regular basis and to recommend the appropriate market rent.
• To take all reasonable steps to compel payment of outstanding rent and to enforce other terms and conditions of the tenancy agreement.
Mediation and Tenancy Tribunal Hearings - To take any action and/or commence any application to the Tenancy Tribunal and in your sole judgement to resolve any dispute with the Tenant by negotiation or by attending mediation or by attending the Tenancy Tribunal. As owner I/we acknowledge that I/we are bound by mediated orders and Tenancy Tribunal decisions facilitated by the Agent on my/our behalf.
Enforcement - The Owner agrees that the Agent will not enforce any money order made by the Tenancy Tribunal. Any enforcement of any money order shall be the responsibility of the Owner.
Expenses - To pay all expenses and regular outgoings authorised by me/us and to account to me/us monthly.
Professional Cleaning - The Owner will pay for professional cleaners at the end of each tenancy if required.
Repairs - To effect repairs to the rented property as and when these become necessary and manage any contractors involved in accordance with the instructions below:
• Repairs ordered by the Tenancy Tribunal shall not require my approval.
• Repairs in any emergency situation or to protect the property or to protect the health and safety of the Tenant shall not require my approval.
• If the quote or estimate of cost exceeds the monthly credit balance then the Owner agrees to lodge sufficient funds to the Agents’ account before the work is undertaken.
Health and Safety - The parties agree that only licensed contractors will be used for work that is to be done at the property. For jobs that do not require a licensed contractor, the appropriate tradesperson will be used. Section 203 (PCBU’s must use a licensed, certified or registered contractor). I/We as a Property Owner confirm that I am a PCBU Landlord and I acknowledge that I am responsible under HASAW 2015 jointly with my Agent/Property Management Company/PCBU. I/We acknowledge that although my Agent will take all reasonable steps to contact me regarding repairs, if it is a Health and Safety matter my Agent has a duty to get the matter resolved regardless of whether I have given my permission to have the matter resolved. I/We agree to pay for all repairs.
Project Management - If the Agent facilitates testing, reporting, decontamination, demolition, remedial work and retesting (where appropriate) due to contamination caused by methamphetamine and/or asbestos and/or weather-tightness issues, then the Owner/Principal agrees to pay all costs incurred in completing the work as well as to pay the agreed project management commission if applicable.
Monthly Accounting - To deduct from any monies held to my/our credit, your proper charges and reimbursement for monies spent on my/our account and send me/us the balance of any monies held by you to credit my/our bank account, together with a financial statement, as soon as possible after your balance date at the end of each month.
Termination - Unless the Owner has, prior to the termination date of the tenancy confirmed to the Agent that the rental property is to be re-rented for a further period, then the Agent may at the Agent’s discretion elect that this Management Agreement shall terminate contemporaneously with the termination of the tenancy.
Collection costs - If at the end of the tenancy there is debt owed by the owner to the agent and demand has been made by the agent to the owner to pay the debt owed and if the debt is not paid within 7 days then the Owner agrees that the Owner be liable for and pay for all costs of recovery of the debt, which costs shall be collected by a debt collection agency. Costs payable by the Owner shall include, legal fees, debt collection, commissions, fee’s and disbursements, and/or court filing fees and disbursements.
Advertising - The Owner agrees to pay all advertising costs necessary, involved with marketing the property.
Insulation - I/we consent to the the agent using any of the information I/we provided in this management agreement “about insulation” and to provide it as the declaration in the Tenancy Agreement and to sign it on my/our behalf.
Exclusivity - The Owner agrees that this Management Agreement is exclusive to the Agent appointed herein. By entering this Management Agreement the Owner agrees that the Owner will not compete with the Agent either personally or by appointing another agent or take any steps to do so. This Management Agreement shall be for an initial fixed period which period shall be set out in this Management Agreement. After the initial fixed period has expired any further period of management shall be without a fixed term, subject however to the Agents other rights set out herein. Should the Owner breach this provision then the Owner agrees to pay the Agent appointed herein, commission at the agreed rate for the balance of the fixed term, notwithstanding the Owner may have appointed another Agent or purported to do so.
Sale of A Property Management Portfolio - The Owner agrees that the Agent may sell the business portfolio comprising the managed property and other properties without requiring the Owner's consent before the sale but the Agent agrees that he/she/it will within 30 days after settlement of the sale, advise the Owners of the new manager's details.
Liability - I/We acknowledge that; By entering this Management Agreement the Agent does not accept liability for damage done to the property by the Tenant or any other person nor does the Agent accept liability for the Tenants failure to carry out any term of the Tenancy Agreement.
The Agent does not accept liability for any damage done by any contractor.
Indemnity - I/We indemnify the Agent against all actions/claims/costs and expenses whatsoever, which may be taken or made against the Agent in the course of and arising out of the proper performance of the Agents duties as the Agent or the exercise of any powers, duties or authorities contained in this Management Agreement, including where such loss by the Agent is due to any action or inaction as the case may be of the Owner and which limits or otherwise affects the ability of the Agent to carry out its duties.
Intermeddling - If at any time during the currency of this authority, the Owner instructs the Agent to withdraw the property for renting, or to not relist it for renting, or do anything to adversely affect the Agent’s ability to rent the property, then the Owner agrees to pay the Agent's commission at the agreed rate or the rate for the previous month (whichever shall be the higher) for the period during which the property has been withdrawn from renting or not relisted for renting.
Rent - If I/We instruct the Tenants to pay the rent otherwise than to the Agent then the Agent may elect at their sole discretion to treat the Management Agreement as at an end and to give notice immediately confirming that decision.
Sale of the property - If I/We place the rented property on the market for sale without first advising the Agent, the Agent may elect at their discretion to treat the Management Agreement as at an end and to give notice immediately confirming that decision.
I/We agree that I/we will not sell the rented property without first advising the Agent in writing.
I/We agree that if I/we do sell the property without notification and cause any loss to the Agent, I/we agree to indemnify the Agent for any and all costs and losses.
Renewals - I/We authorise the Agent to renew any fixed term or periodic tenancy without our written instructions provided the Agent has taken all reasonable steps to contact us and has been unable to obtain our written instructions within any reasonable time frame. All terms and conditions herein shall transfer to any renewal whether it shall be for a fixed term or renewed on a periodic basis.
Immediate Termination- If a dispute between the Owner and the Agent shall arise, and such dispute cannot be resolved to the satisfaction of the Agent then the Agent, at the Agent’s sole discretion, shall have the right to terminate this Management Agreement, forthwith by the Agent giving written notice to the Owner in terms of this paragraph.
If the owner wishes to terminate the management between them and the Agent, the owner will be required to give the Agent a minimum of 1 months written notice to terminate the management. This notice should clearly state the date the notice was issued and when the notice will end.
Notices - If the Agent shall receive a 14 day notice sent by the Tenant, then the Agent shall have full power and authority to remedy the complaint contained in the 14 day notice, whether or not I/we concur with the Agent. If the Owner shall give the Agent instructions that conflict with the Agents proposed remedy of the 14 day notice then the Agent may at the Agent’s sole discretion treat such conflicting instructions as grounds to terminate the Management Agreement, forthwith by the Agent giving written notice to the Owner in terms of this paragraph.
Body Corporate - I/We agree that as proprietors of a body corporate unit, to advise the Agent immediately of any change to body corporate rules and to provide the agent with a copy of the body corporate resolution changing the rules, where such changed rules effect the tenants obligations.
Consent - I/We as part Owner agree and warrant that I/we have the consent of the other Owners to enter into this Management Agreement.
Relevant Legislation - I/We acknowledge that I/we are required to adhere to all relevant legislation and compliance in relation to the management of the rental dwelling and this compliance could include paying the costs and expenses to become compliant. I/We agree that the Agent may take all reasonable steps to do all things necessary using their best judgement (subject to my/our approval as to funding) to ensure that the property is compliant.
Healthy Homes Statement Of Intent - As landlord/s of the managed properties herein, I/We acknowledge we have legal obligations under the Healthy Homes Guarantee Act 2017. I/We authorise our agent/property manager to make the required statement of intent on our behalf in any tenancy agreement our agent prepares and signs on our behalf.
I/We confirm that the details supplied are correct and I/we acknowledge that I/we have read and understood this Management Agreement and that I/we have been supplied with a signed copy.
If there is a change in the ownership structure, the property management company must be notified (trust and trustees included).
Insurance - The Owner warrants that they will ensure the property is fully insured at the commencement of the tenancy and shall remain fully insured during the term of the management agreement. I/We confirm that if any changes to any insurance policy changes we will notify the Agent immediately.