Tenant Agency Agreement Template for Australia

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Key Requirements PROMPT example:

Tenant Agency Agreement

"I need a Tenant Agency Agreement for my residential investment property in Sydney, with a management fee of 7.5% and letting fee of one week's rent, starting from March 1, 2025, with special provisions for maintenance approvals above $500."

Document background
The Tenant Agency Agreement is a fundamental legal document used in Australian property management to formalize the appointment of a licensed real estate agent or property manager to manage rental properties on behalf of the owner. This document is essential when property owners wish to delegate the day-to-day management of their rental properties to professional agents. The agreement covers crucial aspects such as agent authority, service scope, fee structures, maintenance procedures, and compliance with relevant legislation including the Property and Stock Agents Act and state-specific tenancy laws. It's particularly important in establishing clear lines of responsibility, financial arrangements, and protecting both parties' interests in the property management relationship. The agreement can be customized for both residential and commercial properties, and is typically required by regulatory authorities as part of proper property management practice in Australia.
Suggested Sections

1. Parties: Identification of the property owner (Principal) and the licensed real estate agent (Agent)

2. Background: Context of the agreement, including property ownership and intention to appoint agent

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Formal appointment of agent and scope of authority granted

5. Term of Agreement: Duration of the agency agreement, including start date and termination provisions

6. Agent's Services: Core services to be provided by the agent in managing tenancies

7. Agent's Obligations: Legal and professional obligations of the agent

8. Principal's Obligations: Responsibilities and obligations of the property owner

9. Fees and Expenses: Management fees, commission structure, and reimbursable expenses

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

11. Insurance and Liability: Insurance requirements and liability limitations

12. Termination: Conditions and process for ending the agreement

13. Dispute Resolution: Process for handling disputes between parties

14. General Provisions: Standard legal provisions including governing law, notices, and assignment

Optional Sections

1. Special Services: Additional services beyond standard property management, used when agent provides extra services like renovation management or property tax consulting

2. Foreign Investment Provisions: Special requirements for foreign property owners, included when the principal is a foreign investor

3. Property Portfolio Management: Additional terms for managing multiple properties, used when principal owns multiple properties

4. Maintenance Fund: Terms for maintaining a separate maintenance fund, included when agreed to maintain a floating maintenance budget

5. Key Performance Indicators: Specific performance metrics and targets, used when principal requires formal performance monitoring

6. Digital Services: Provisions for online platforms and digital service delivery, included when using specific property management software

7. Natural Disaster Protocol: Special procedures for natural disasters, relevant in disaster-prone areas

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the managed property/properties

2. Schedule 2 - Fee Schedule: Comprehensive breakdown of all fees and charges

3. Schedule 3 - Services Specification: Detailed scope of services to be provided

4. Schedule 4 - Reporting Requirements: Format and frequency of required reports

5. Schedule 5 - Maintenance Authority Limits: Spending authorities and approval requirements for maintenance

6. Appendix A - Required Forms: Standard forms used in property management

7. Appendix B - Communication Protocols: Agreed communication procedures and emergency contacts

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Management

Residential Property

Commercial Property

Property Investment

Real Estate Services

Property Development

Asset Management

Facilities Management

Relevant Teams

Legal

Property Management

Operations

Compliance

Real Estate

Asset Management

Contract Administration

Business Development

Client Services

Risk Management

Relevant Roles

Property Manager

Real Estate Agent

Asset Manager

Property Management Director

Leasing Manager

Operations Manager

Legal Counsel

Contract Administrator

Portfolio Manager

Compliance Officer

Business Development Manager

Client Relationship Manager

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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