The Rental Property Management Agreement Form is a essential legal document used in the Australian property market when a property owner wishes to engage a professional property manager or agency to manage their rental property. This agreement is designed to comply with Australian federal and state-specific property management regulations, including the Property and Stock Agents Act and relevant Residential Tenancies Acts. It details the complete scope of property management services, including tenant screening, rent collection, maintenance coordination, financial reporting, and compliance responsibilities. The document is particularly important for establishing clear lines of authority, defining service levels, and protecting both parties' interests in the property management relationship. It includes specific provisions for fees, dispute resolution, termination conditions, and operational procedures, making it suitable for both individual property owners and investment property portfolios.
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1. Parties: Identification of the Property Owner/Landlord and the Property Manager, including full legal names, ABN/ACN (if applicable), and contact details
2. Background: Brief context explaining the purpose of the agreement and the intention to establish a property management relationship
3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Property', 'Services', 'Management Fee', 'Term', etc.
4. Appointment and Authority: Formal appointment of the property manager and scope of authority granted by the owner
5. Term of Agreement: Duration of the management agreement, including start date, end date (if applicable), and renewal provisions
6. Property Manager's Services: Comprehensive list of core services to be provided, including marketing, tenant selection, rent collection, maintenance coordination, and inspections
7. Fees and Charges: Detailed breakdown of management fees, commission structures, and additional service charges
8. Property Manager's Obligations: Specific duties and responsibilities of the property manager, including compliance with relevant laws and professional standards
9. Owner's Obligations: Requirements and responsibilities of the property owner, including maintenance obligations and financial commitments
10. Financial Management: Procedures for rent collection, trust account management, disbursements, and financial reporting
11. Maintenance and Repairs: Processes for handling maintenance requests, emergency repairs, and spending authorization limits
12. Insurance and Liability: Insurance requirements and allocation of liability between parties
13. Termination: Conditions and procedures for terminating the agreement by either party
14. Dispute Resolution: Process for handling disputes between the parties
15. General Provisions: Standard legal clauses including governing law, entire agreement, and notices
1. Multiple Properties Management: Additional terms for managing multiple properties under the same agreement, used when an owner has multiple properties
2. Holiday or Short-term Letting: Specific provisions for managing properties used for short-term or holiday rentals, including different fee structures and service requirements
3. Body Corporate Management: Additional terms for properties within strata schemes, including liaison with body corporate and compliance with by-laws
4. Property Development Services: Terms covering management during renovation or development phases, used when property improvements are planned
5. Foreign Owner Provisions: Additional requirements for overseas property owners, including foreign investment compliance and tax withholding
6. Specialised Property Features: Terms for managing properties with unique features like pools, elevators, or extensive gardens requiring special maintenance
7. Marketing and Advertising Options: Detailed marketing packages and additional promotional services available at extra cost
1. Schedule A - Property Details: Detailed description of the managed property/properties, including address, features, and condition reports
2. Schedule B - Fee Schedule: Comprehensive breakdown of all fees, charges, and commission structures
3. Schedule C - Maintenance Authority Limits: Specified spending limits for routine and emergency maintenance
4. Schedule D - Included Services: Detailed list of services included in the standard management fee
5. Schedule E - Additional Services: List of available additional services and their associated costs
6. Appendix 1 - Property Manager's Qualifications: Copies of licenses, certifications, and professional memberships
7. Appendix 2 - Insurance Certificates: Copies of relevant insurance policies and certificates
8. Appendix 3 - Property Condition Report: Detailed report on the property's condition at the start of management
9. Appendix 4 - Management Procedures Manual: Detailed operational procedures for day-to-day property management
Relevant legal definitions
Agreement
Agency
Approved Expenses
Arrears
Authorization Limit
Body Corporate
Business Day
Commencement Date
Common Property
Confidential Information
Disbursements
Emergency Repairs
Expiry Date
Financial Year
Force Majeure
GST
Gross Rental Income
Initial Term
Insurance Requirements
Landlord
Lease
Lease Agreement
Management Fee
Management Period
Managing Agent
Notice
Operating Expenses
Owner
Owner's Representative
Parties
Payment Date
Property
Property Condition Report
Property Manager
Reasonable Costs
Rent
Rental Account
Rental Bond
Routine Inspection
Services
Service Level Standards
Strata Plan
Tenant
Term
Trust Account
Urgent Repairs
Vacant Possession
Agency
Approved Expenses
Arrears
Authorization Limit
Body Corporate
Business Day
Commencement Date
Common Property
Confidential Information
Disbursements
Emergency Repairs
Expiry Date
Financial Year
Force Majeure
GST
Gross Rental Income
Initial Term
Insurance Requirements
Landlord
Lease
Lease Agreement
Management Fee
Management Period
Managing Agent
Notice
Operating Expenses
Owner
Owner's Representative
Parties
Payment Date
Property
Property Condition Report
Property Manager
Reasonable Costs
Rent
Rental Account
Rental Bond
Routine Inspection
Services
Service Level Standards
Strata Plan
Tenant
Term
Trust Account
Urgent Repairs
Vacant Possession
Clauses
Appointment and Authority
Term and Renewal
Services
Fees and Commissions
Property Manager Obligations
Owner Obligations
Financial Management
Maintenance and Repairs
Insurance
Liability and Indemnification
Confidentiality
Data Protection
Compliance
Reporting
Communication
Trust Account Management
Tenant Management
Emergency Procedures
Dispute Resolution
Termination
Assignment
Force Majeure
Governing Law
Notices
Entire Agreement
Severability
Variation
GST
Conflict of Interest
Record Keeping
Term and Renewal
Services
Fees and Commissions
Property Manager Obligations
Owner Obligations
Financial Management
Maintenance and Repairs
Insurance
Liability and Indemnification
Confidentiality
Data Protection
Compliance
Reporting
Communication
Trust Account Management
Tenant Management
Emergency Procedures
Dispute Resolution
Termination
Assignment
Force Majeure
Governing Law
Notices
Entire Agreement
Severability
Variation
GST
Conflict of Interest
Record Keeping
Relevant Industries
Real Estate
Property Management
Residential Property
Commercial Property
Investment Property
Property Services
Rental Accommodation
Holiday Letting
Student Accommodation
Corporate Housing
Asset Management
Relevant Teams
Legal
Property Management
Operations
Client Services
Finance
Compliance
Business Development
Maintenance
Accounts
Administrative Support
Risk Management
Customer Relations
Relevant Roles
Property Manager
Real Estate Agent
Asset Manager
Leasing Manager
Operations Manager
Property Management Director
Business Development Manager
Maintenance Coordinator
Portfolio Manager
Client Relationship Manager
Legal Counsel
Compliance Officer
Financial Controller
Trust Account Manager
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