TERMS & CONDITIONS (continued)
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.
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.
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.
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or the rate for the previous month (whichever shall be the higher) for the period during which the property has been withdrawn from renting or not relisted for renting.
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.
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.
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 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.
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.
I / We as part Owner agree and warrant that I / we have the consent of the other Owners to enter into this Management Agreement.
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).