Exclusive Authority to Act
as Managing Agent
for Residential Premises
PO Box 46 Mount Hawthorn WA 6915
Licenced Agent Details:
License Details:
Real Inspiration Pty Ltd - Licensee
T/A Total Care Property Management
376c Oxford Street
MOUNT HAWTHORN WA 6016
ABN: 51 113 973 032
Licensed Real Estate & Business Agent
P: 08 9444 6706
F: 08 9444 4799
E: [email protected]
W: www.totalcarepropertymanagement.com.au
(“the Agent”)
The Owner (“the Owner”):
Name/s: ______________________________
_____________________________________
_____________________________________
Premises to be Managed
(“the premises”):
Beds:
Baths:
Emergency Contact:
Name: ____________________________
Address: ___________________________
___________________________________
Address:
___________________________________
___________________________________
Home Phone: ________________________
Home Phone: __________________________
Business Phone: _______________________
Mobile: _______________________________
Fax: _________________________________
Business Phone: _____________________
Mobile: _____________________________
Fax: _______________________________
Email: _____________________________
Email: ________________________________
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:
1. THE PREMISES ARE TO BE LET
At the rent of $______________ per week
With a minimum lease period of ________________ and a maximum of ________________.
Initials: _________________________________
Ref: TCPM Managing Agent Form Sample 1112
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2. SECURITY BOND:
The Agent is to receive from any Tenants a security bond in accordance with the Residential Tenancies Act 1987
and the bond shall be disbursed in the manner set out in the relevant ‘Standard Residential Property Lease’.
3. PERIOD OF AGENCY:
The period of agency shall be from ______/______/_________ until _____/_____/_________
At the conclusion of this period the Owner AGREES / DOES NOT AGREE
(circle one) to extend the period of the Agency until twenty-eight (28) days written notice of
termination is given by either the owner or the Agent to the other.
[_________] initials
4. DISBURSEMENTS:
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, The following payments are to be made on the Owner’s behalf:
Council Rates
(Option 1, 2, 3, 4)
Water Rates
(Option 1, 2, 3, 4)
Land Tax
(Option 1, 2, 3, 4)
Strata Unit Levies (Quarterly)

Y
Y
Y
Y

N
N
N
N

Y
Y
Landlord Protection
Y
Gardening/Lawn Mowing
Other: _________________

N
N
N
______________________
The net balance (after deduction of the Agent’s fees and expenses) shall be remitted on a monthly basis to the
Account Name :___________________________________________________________________________
Bank ______________ Branch ______________BSB No: _____ - _____ Account No: __________________
The Agent is to submit MONTHLY statements to the Owner via:
Email:

Fax:

Mail:
 (to address as detailed on Page 1.)
5. REPAIRS AND OTHER OUTGOINGS:
The Agent is authorised to spend up to a maximum of
$___________ inclusive of GST,
in any one instance for repairs to the Premises. The agent is authorised to attend to
emergency repairs at the Agent’s discretion.
[_________] initials
Other Maintenance Instructions: _______________________________________________________________
_________________________________________________________________________________________
6. WATER USAGE CHARGES:
The Owner agrees to contribute ________%, up to a maximum of $____________ towards the cost of water
usage annually at the Premises. Such payments to be made by the Agent from the owner’s funds as and when
such notice is received from the relevant authority. The Owner acknowledges that the relevant authority may from
time to time be required to perform a meter reading. The Owner agrees to pay for any cost associated with that
water meter reading.
7. INSURANCE COVER:
The Owner agrees to adequately insure the Premises at the Owner’s expense for the period of the Agency.
Insured
Company
Policy No.
Excess
Due Date
Buildings
Landlord’s Protection Insurance*
Landlords Fixtures & Fittings
(Optional)
* Bernie Kroczek Real Estate receives a commission from Terri Scheer Insurance on all LLP policies.
Initials: _________________________________
Ref: TCPM Managing Agent Form Sample 1112
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AGENTS AUTHORITY:
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 Lessors right’s 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
a local court and any other courts.
4. Lodge complaints with the Small Disputes Division of a local court and any other
courts.
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 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 Premises, it being agreed that all persons so employed are deemed to be
employed by the Owner. The Agent shall use his best endeavours to engage
proper and competent persons for the carrying out of the works required for the
maintenance of the Premises, but it is hereby expressly discharged from any
liability to the Owner arising from the performance of any such work from those
persons. The Agent is not however, responsible for any damage to the property
caused by any tenant or any other persons.
9. Deduct from sums due to the Owner, all fees, charges and out of pocket expenses
as herein contained/agreed.
10. Do all such lawful things as may be directed by the Owner in writing from time to
time.
[_________] initials
8. AGENT’S OBLIGATIONS:
The Agent will:
1. In performing its obligations under this Agreement, act with due care and diligence.
2. Assist the Owner in relation to insurance claims and other insurance matters in
respect of the Premises if and when required to do so.
3. Advise the Owner if the Premises are to become vacant as soon as practicable
after the Agent becomes aware of it and will seek the Owner’s instructions as to
the re-letting.
4. Advise the Owner as and when tenancies become due for renewal and/or expiry
5. Comply with the statutory requirements under the Residential Tenancies Act 1987,
the Strata Titles Act of 1985 & the Privacy Act of 1988, wherever applicable.
9. OWNER’S OBLIGATIONS:
The Owner will:
1. Hold appropriate insurance in respect of the Premises as specified in Clause 7 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.
2. Ensure that there is no other residential management agreement relating to the
Premises.
3. Ensure that the Agent will be informed in writing of any changes to the ownership
of the Premises
4. Acknowledge its obligations under the Residential Tenancies Act 1987, to comply
with all building, health and safety laws.
10. PROXY:
The Owner appoints: ___________________________________________________________________
_____________________________________________________________________________________
Initials: _________________________________
Ref: TCPM Managing Agent Form Sample 1112
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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:
a. attend on the Owner’s behalf all general, annual or extraordinary meetings of the Strata Company and
any adjournment of any of those meeting,
b. to vote for the Owner on the Owner’s behalf at any meeting of the Strata Company; and
c. to sign, by way of agreement, on the Owner’s behalf all special, resolutions without dissent or unanimous
resolutions within 28 days after the date of duly convened meeting at which that resolution was passed.
d. 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.
11. MISCELLANEOUS INFORMATION
RCD & Smoke Alarm Compliant
Is there a smoke detector at this property: Y
 N
Is the smoke detector wired in? Y
Does the property have 2 RCD switches installed (Lights & Power)? Y
 N
 N
The Owner authorizes the Agent to engage an electrician to install RCD switches
and smoke alarms as required.
Pets allowed:
Y

[_________] initials
N

Comment: _______________________________________________________________________________
13.
FEES AND EXPENSES
a. Notice: Fees charged by real estate agents are not fixed by law, and are to be agreed between the Owner
and the Agent.
b. The Agent endeavours to minimise the advertising costs to the Owner wherever possible by making use of
the rental advertising available through Realestate.com via the internet.
c.
The Owner will not incur advertising expenses associated with the cost of identifying the Agency in any
advertisement.
d. The following Agent’s Fees are INCLUSIVE of GST (unless otherwise stated):
1.
The Agreed Leasing Fee
The Leasing Fee payable by the Owner to the Agent is calculated at
2 weeks rent plus GST, FOR EACH NEW TENANCY
(includes PCR update)
[_________] initials
EG: If the weekly rent is $__________
the Leasing fee is the weekly rent x 2 = $__________ plus
2.
10% GST
$__________
Example Total:
$__________
The Agreed Management Fee:
The Management Fee is ____% of gross collections per annum
[_________] initials
EG: If the weekly rent is $__________
the gross rent collected pa equals the weekly rent x 52 = $__________
multiplied by the % Fee(includes GST component)
____%
Example Total:
$__________ pa
Being an average charge of:
$__________ per month
Initials: _________________________________
Ref: TCPM Managing Agent Form Sample 1112
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3.
Monthly Admin Fee:
$_____ per month
[_________] initials
4. Property Condition Report
A one off charge on commencement of the management
$_______
[_________] initials
5. Final Bond Inspection at the termination of EACH TENANCY
$_______
[_________] initials
6. Inventory Reports (for furnished properties)
A one off charge on commencement of the management
$_______
[_________] initials
7. Routine Inspection Reports:
$_______ each.
The first inspection to be conducted 6 weeks after the
commencement of each tenancy then every 3 months.
[_________] initials
8. Lease Renewal (existing tenant):
One week’s rent (plus GST). For existing tenants on renewal of each lease
[_________] initials
as required.
9. Annual Summary Report as Requested:
$_______. (Yearly)
[_________] initials
10. Marketing Fee
$_______ per vacancy (includes Internet marketing on several popular
sites, and may include Facebook, Newsletters, blogs as well as
newspaper advertising, flyers, and a sign when required).
[_________] initials
11. Title Search:
$24.00 per property.
[_________] initials
12. Bank Fees:
The owner hereby authorises the Agent to deduct from any
monies payable pursuant to this Authority/Appointment all
Bank Transaction fees and Bank Fees in respect of that money
and agree that the deductions are to be borne by the Owner.
[_________] initials
13. Tenant Enquiry Fees:
Tenant enquiries to the National Tenancy Database on each
occasion when letting is required, $22.00.
[_________] initials
14. Court Costs:
The owner authorizes the Agent and the Agent agrees to attend
court and attend to matters relating to such court action, should
the need arise in the Course of managing the property, where
the tenant is in breach of his Tenancy Agreement at $110.00 per hour
to a maximum of $550.00
[_________] initials
e. If the Owner disputes the fee payable to the Agent on the grounds that it is unjust the Owner may refer the
dispute to the Real Estate and Business Agent’s Supervisory Board for adjudication.
Initials: _________________________________
Ref: TCPM Managing Agent Form Sample 1112
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f.
Further, the Owner has the right to defer any dispute that arises with the Agent to a number of different
institutions. Depending upon the nature of the dispute these institutions may include the Real Estate and
Business Agents Supervisory Board, the civil and criminal legal systems, the Western Australian
Department of Consumer and Employment Protection and the Australian Competition and Consumer
Commission.
3. SPECIAL INSTRUCTIONS:
STRATA:
Strata Company Management contact and address details:
Strata Company Notices of Meetings and Correspondence to be sent to: (insert address)
4. 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 except to the
extent that any relevant liability of the agent has been caused or
contributed to by the Agent’s negligence of default under this agreement.
b.
The Owner declares that the Premises HAVE BEEN / HAVE NOT BEEN
the Owner’s principal place of residence, for the period three (3) months
immediately prior to the date of the initial tenancy commencing.
[_________] initials
5. TERMINATION:
This management authority may be terminated prior to the period of agency referred to in Clause 3 by:
1. 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
give by the Owner to the Agent; or
2. by the Owner or the Agent giving not less than twenty eight (28) days notice in writing to the other.
3. by the Owner without giving prior notice should the Agent have been guilty of a fundamental breach
of the terms of the Agreement.
17. INTERPRETATION:
•
Annual Summary: An annual report of all revenue and expenses for the property.
•
BAD: any tax imposed or charge imposed under the Debits Tax Act 1982
•
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.
•
Gross Collections: The total dollar value of all monies collected by the Agent from the tenant.
Initials: _________________________________
Ref: TCPM Managing Agent Form Sample 1112
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•
Gross Rental: The total dollar value of all rental revenue collected by the Agent from the tenants before any
deductions.
•
GST: the Goods and Services Tax introduced pursuant to A New Tax System (Goods and Services Tax)
Act 1999.
•
Letting Fee: a charge by the Agent to the Owner for service in connection with finding a tenant. Includes
but is not limited to arranging advertising, attending viewing appointments, interviewing applicants,
contacting relevant referees, collection of option fees with each application, checking the credentials of
prospective tenants, liaison with the Owner for final choice of tenant.
•
Lease Preparation Fee: charged by the Agent to the Owner for service in connection with preparing a new
fixed term lease at the end of a fixed term tenancy with existing tenant in the property. Includes but is not
limited to, implementing instructions from the owner, preparation of documents, signing appointment with
all tenants, copies of signed documentation sent to all parties.
•
Management Fee: includes but is not limited to, the charge for services provided by the Agent including
managing occupancy of the property by the tenant, receiving deposits, postage and petties, collecting and
disbursing rents, coordinating cleaners and maintenance contractors with tenants and owners as required,
payments on behalf of and as instructed by the Owner and advising the Owner on relevant issues, online
access to property/owner data and reports.
•
Property Condition Reports: these written reports describe the condition of the property and permit the
Owner to compare the status of the property over a period of time, may include video and/or photographs.
•
Tenant Enquiry Fee: The cost associated with the Agent making an enquiry to determine if a prospective
tenant is listed on any relevant database.
18. PRIVACY ACT 1988 – COLLECTION NOTICE:
MANAGEMENT / LEASING AGREEMENTS:
1.
The Agent uses personal information collected from the Owner to act as the Owner’s Agent and to perform their
obligations under this Agreement. The Agent may also use such information collected to promote the services of the
Agent and/or seek potential clients.
2.
The Agent may disclose information to other parties including media organisations, courts, on the internet, to potential
tenants, or to clients of the Agent both existing and potential, as well as to tradespeople, owners, corporations,
government and statutory bodies, and to third parties as required by law.
3.
Further, the Agent may disclose the information to other real estate and business agents who may in the future be
purchasing or considering purchasing the Agent’s real estate business, rent roll or other goodwill portion of the Agent’s
business.
4.
The Agent will only disclose information in this way to other parties as required to perform their duties under this
agreement, to achieve the purposes specified above or as otherwise allowed under the Privacy Act 1988.
5.
If the Owner would like to access this information, they can do so by contacting the Agent at the address and contact
numbers contained in this Agreement. The Owner can also correct this information if it is inaccurate, incomplete or out-ofdate.
6.
Real estate and tax law requires some of this information to be collected. If the information is not provided, the Agent may
not be able to act effectively on the Owner’s behalf or at all.
Initials: _________________________________
Ref: TCPM Managing Agent Form Sample 1112
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19. SIGNATURES OF THE PARTIES:
SIGNED BY the Owners:
Signature: _____________________ Date: _________ Signature ____________________ Date: _________
Signature: _____________________ Date: _________ Signature ____________________ Date: _________
Signed by the Agent/Agent’s Representative: __________________________________ Date: _________
RECEIPT:
The Owner acknowledges receipt of a copy of this Agreement
Owner’s Initials_________________ Date: ___________
Owner’s Initials_________________ Date: ___________
Owner’s Initials_________________ Date: ___________
Owner’s Initials_________________ Date: ___________
NOTE: ALL PARTIES SHOULD INITIAL ALL PAGES
OFFICE USE ONLY:
copy of Agreement provided to Owner
Agent’s Initials_________________ Date: ___________
Initials: _________________________________
Ref: TCPM Managing Agent Form Sample 1112
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