Residential Leasing And Property Management Agreement for Australia

Residential Leasing And Property Management Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the professional relationship between a property owner and a property management company for the management of residential property. The document outlines the scope of property management services, responsibilities of both parties, fee structures, and operational procedures, while ensuring compliance with relevant state-specific residential tenancy legislation, property management regulations, and consumer protection laws. It serves as the primary contract governing the delegation of property management authority and the delivery of professional property management services.

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What is a Residential Leasing And Property Management Agreement?

The Residential Leasing And Property Management Agreement is a crucial document used in the Australian property management industry when a property owner wishes to engage a professional property manager to handle their residential investment property. This agreement is essential for establishing clear guidelines, responsibilities, and service expectations between the parties. It covers various aspects including property marketing, tenant selection, rent collection, maintenance coordination, financial reporting, and compliance with state-specific residential tenancy laws. The document is designed to protect both parties' interests while ensuring professional property management services are delivered in accordance with Australian legislation and industry best practices. It's particularly important in the context of Australian property law where property managers have significant responsibilities and must comply with strict regulatory requirements.

What sections should be included in a Residential Leasing And Property Management Agreement?

1. Parties: Identification of the property owner/landlord and the property management company, including full legal names, ABN/ACN, and contact details

2. Background: Brief context explaining the purpose of the agreement and the property management relationship

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Appointment and Authority: Formal appointment of the property manager and scope of delegated authority

5. Term of Agreement: Duration of the management agreement, including start date and renewal provisions

6. Property Manager's Services: Comprehensive list of core services to be provided by the property manager

7. Property Owner's Obligations: Responsibilities and obligations of the property owner

8. Financial Management: Handling of rent collection, trust accounts, expenses, and financial reporting

9. Fees and Charges: Detailed breakdown of management fees, commissions, and other charges

10. Insurance and Indemnity: Insurance requirements and mutual indemnification provisions

11. Maintenance and Repairs: Procedures for property maintenance, emergency repairs, and spending authorities

12. Communications and Reporting: Requirements for regular reporting and communication protocols

13. Compliance and Legal Obligations: Statutory compliance requirements and legal obligations of both parties

14. Termination: Conditions and procedures for terminating the agreement

15. Dispute Resolution: Process for handling disputes between parties

16. General Provisions: Standard legal provisions including governing law, notices, and entire agreement

What sections are optional to include in a Residential Leasing And Property Management Agreement?

1. Holiday Letting Provisions: Additional terms for properties used for short-term or holiday letting

2. Furnished Property Terms: Special provisions for managing furnished properties including inventory management

3. Multi-Property Management: Additional terms for managing multiple properties under one agreement

4. Body Corporate Liaison: Specific provisions for managing properties within strata schemes

5. Marketing and Advertising: Detailed provisions for premium marketing services beyond standard letting

6. Property Development/Renovation: Terms for managing properties undergoing significant renovation or development

7. International Owner Provisions: Special terms for overseas-based property owners including tax requirements

8. Pandemic/Force Majeure Provisions: Specific terms dealing with extraordinary circumstances affecting property management

What schedules should be included in a Residential Leasing And Property Management Agreement?

1. Schedule 1 - Property Details: Comprehensive details of the managed property including address, features, and condition

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures

3. Schedule 3 - Service Level Agreement: Specific service standards and performance metrics

4. Schedule 4 - Maintenance Authority Limits: Spending authorities and approval processes for maintenance and repairs

5. Schedule 5 - Key Contact Information: Contact details for all relevant parties including emergency contacts

6. Schedule 6 - Reporting Templates: Standard formats for regular property management reports

7. Appendix A - Property Condition Report: Initial detailed property condition assessment

8. Appendix B - Insurance Certificates: Copies of relevant insurance certificates

9. Appendix C - Property Manager's Licenses: Copies of required licenses and certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Management

Residential Services

Property Investment

Rental Housing

Professional Services

Property Development

Relevant Teams

Legal

Property Management

Operations

Compliance

Finance

Business Development

Asset Management

Maintenance

Client Services

Trust Accounting

Relevant Roles

Property Manager

Real Estate Agent

Property Management Director

Leasing Consultant

Asset Manager

Property Owner

Investment Property Manager

Operations Manager

Compliance Officer

Business Development Manager

Trust Account Manager

Maintenance Coordinator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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