630 Great South Rd, Papatoetoe, Auckland

© Copyright 2019.  Twin Elm Property Management Limited.

TEPM - Property Management Authority terms and conditions

TERMS & CONDITIONS

PROPERTY MANAGEMENT AUTHORITY AGREEMENT

I / we appoint Twin Elm Property Management to manage the property and authorize you:

  1. To let the property as and when required, prepare all necessary documentation, and sign Tenancy Agreements on your behalf.

  2. To use the Twin Elm Property Management Tenancy Agreement document, and in that agreement to prohibit the Tenant from assigning, subletting, or parting with possession of the Tenancy premises at any time.

  3. To include the owner’s names on any Tenancy Agreement prepared for the property.

  4. To advertise for Tenants, complete all necessary reference checking, background checking and credit checking, and to select the best applicant based on merit.

  5. If the agent completes the process of advertising, receiving and perusing applications, checked references and has otherwise facilitated the introduction of a suitable Tenant, then at that time and before the Tenant has signed a written Tenancy Agreement with the Agent, and the owner withdraws the property from the rental market for any reason, then the owner shall be liable to pay the Agent a Letting Fee and advertising costs incurred equivalent to the amount lost, by reason of the owner’s withdrawal of the property from the market. 

  6. To conduct regular rent reviews from time to time, to ensure that the property reasonably reflects the current market levels for such properties.

  7. To collect rent payments from the Tenant, as and when they fall due for payment.

  8. To take all reasonable steps to secure payment of outstanding rent and to enforce other terms and conditions of the Tenancy Agreement.

  9. To appoint a debt collection agency, if necessary, to pursue any outstanding amounts from Tenants. The owner agrees that the agent is not required to enforce money orders, but that the agent may do so. The responsibility for enforcing money orders lies with the owner.

  10. To issue when required (if the property is in the name of a Trust or a Company) ninety (90) calendar days notice to the Tenant on the owner’s behalf, instead of forty two (42) calendar days notice, if the owner or any family member require the property for their own use.

  11. To collect a bond to be paid to Tenancy Services – Ministry of Business Innovation and Employment, within twenty three (23) working days of receipt, and to refund to the Tenant at the end of the Tenancy, any part of the bond as in your judgement is appropriate, fair and reasonable.

  12. To pay all expenses and regular outgoings itemized in the Authority, provided that sufficient funds are being held, and to account to us with monthly statements.

  13. To take any action, and or commence any application to the Tenancy Tribunal, and to resolve any dispute with the Tenant by negotiation, or by attending Tenancy Mediation, or by attending the Tenancy Tribunal. As property owner I / we acknowledge that we are bound by mediated orders, and Tenancy Tribunal Orders facilitated by the agent on my / our behalf.

          

Inspections

  1. To complete inspections at the beginning and end of each new Tenancy, and to process a property inspection report.

  2. To complete routine inspections of the property, at the stated frequency, and to process a property inspection report.

           

Repairs and Maintenance

  1. Prior to all repair works Twin Elm property management will take all reasonable steps to contact the owner.

  2. To effect repairs to the property as and when these become necessary, and to manage any contractors involved in accordance with the instructions as follows:

  3. Repairs ordered by the Tenancy Tribunal shall not require the owner’s approval.

  4. Repairs in any emergency situation, or to protect the property, or to protect the health and safety of the Tenant, shall not require the owner’s approval. 

  5. If the quote or estimate of cost exceeds the monthly account credit balance, then the owner agrees to lodge sufficient funds to the owner’s account before any works are commenced.

  6. To spend up to one (1) weeks rent or amount specified on any repairs and maintenance with out reference to the owner.

  7. All other repairs must have the prior approval of the owner. 

            

Health and Safety

  1. I/we acknowledge that although my property manager will take reasonable steps to contact me in relation to repairs and maintenance, if it is a health and safety issue, my property manager has a legal duty to get the matter resolved. My property manager may go ahead and arrange the necessary remedial works at my cost.

         

Chimney

  1. I/we authorize you to have the chimney cleaned annually to comply with health and safety and insurance policy requirements.         

 

Methamphetamine

  1. At the discretion of the property manager, a methamphetamine test shall be completed prior to the commencement of a new Tenancy, and also at the expiry of the Tenancy. This test may be used to assign liability if contamination is discovered.  With the owners approval, the property manager may arrange the necessary testing at my cost.

         

Professional cleaning.

  1. In the event the Tenants bond is unable to cover move-out cleaning costs, the owner shall pay for professional cleaning services at the end of each Tenancy, if required.

       

Asbestos

  1. The Health and Safety at Work Act 2015 requires that all rental properties constructed before the year 2000 be surveyed for the presence of asbestos by 4th April 2018. Some have been surveyed, but many dwellings have not yet been tested. It is the obligation of our agency as a P.C.B.U (under the Act), together with you in your capacity as an owner / principal / P.C.B.U to ensure that the premises are tested for the presence of asbestos. If asbestos is identified, and deemed to be harmful by a survey report, then it is the landlord’s obligation to have the asbestos safely removed. If the premises have not yet ben surveyed, please contact us immediately to confirm whether the premises were constructed before the year 2000 to determine if testing is required. If testing is required, your property will be added to our Health and Safety at Work Act Risk Management Portfolio Mitigation Plan and addressed at the earliest practicable moment.

 

Resource and Building Consents

  1. I/we warrant that the property has all relevant building and resource consents and complies with all council requirements as to building, health and safety, and the fencing of swimming pools and spa pools.

  2. I/we are not aware of any pending or existing weather tight issues effecting the building.

  3. I/we to the best of our knowledge advise that the property has not been used for the production, manufacture, or use of any illicit substances. 

 

No Liability for Damages and Rent Arrears

  1. Twin Elm Property Management shall use its best endeavors to ensure continuity of occupation at market rentals and maintenance of the property, but shall not be liable to the owner(s) for any defaults in payment of rent or any damage caused to the property by any Tenant, or other payment due by the Tenant or otherwise, whether or not the Tenancy has been arranged by Twin Elm Property Management.

 

Privacy Consent

  1. I/we agree to information relating to the property being passed to any person for marketing purposes, and for the compilation and distribution of statistics.

 

Body Corporate

  1. I/we agree to advise the property manager of any Body Corporate Rules that may apply, and to provide a copy of the same rules.  

Term of Authority

  1. This Authority commences immediately upon the execution by the parties, and is for an initial term of six (6) months. Thereafter, this Authority may be cancelled by either party issuing one (1) month’s notice, provided that no such notice may be served within six (6) months from the commencement of this Authority.

  2. Notice of cancellation of this Authority must be served in writing to the email or contact address provided in this Authority.

  3. I/we as owners acknowledge and agree, that if a dispute between the owner and the agent shall arise in relation to the safety of the tenancy premises, and that if such dispute cannot be resolved to the satisfaction of the agent, then the agent at the agents sole discretion shall have the right to terminate this authority, with immediate effect, upon service of written notice of cancellation.    

 

Fees

  1. I/we agree to pay you 7.95 % + GST if unfurnished, or 8.95 % + GST if furnished, on all monies collected by you, all repairs, maintenance and renovations arranged by you and any water rates, land rates, and body corporate fees paid by you on my behalf.

 

Indemnity

  1. I/we as owners acknowledge and indemnify the agent against all actions, claims, costs, and expenses whatsoever, which may be taken or made against the agent, or incurred by the agent, in the course of and arising out of the proper performance of the Agent’s duties as the property manager, or the exercise of any powers, duties, or authorities contained in this management authority.

  2. I/we acknowledge that with the appointment of Twin Elm Property Management, under the terms of the Residential Tenancies Act, Twin Elm Property Management shall be deemed to be the Landlord.

  3. I/we agree that by signing this Authority warrant that I/we are the owners of the rental premises, or that we are authorized to enter into this Authority and have the authority to make this agreement.