Complete the highlighted fields, review the agreement, and sign below.
CLIENT MANAGEMENT AUTHORITY
Between
On the Ball Property Management Ltd
("The Property Manager")
and
Property Owner(s):
Name(s):
Address:
Phone:
Email:
Bank A/C:
("The Owner")
1. Property
The Owner appoints the Property Manager as their agent to manage the following property:
Property Address(s):
2. Appointment
The Owner appoints the Property Manager as the exclusive managing agent for the property from the commencement date below.
Commencement Date:
This authority continues until terminated in accordance with Clause 13.
3. Authority Granted
The Owner authorises the Property Manager to:
- Advertise and market the property for rent.
- Provide market rental analysis and recommendations for all lease renewals and new rental listings.
- Conduct viewings and select suitable tenants.
- Negotiate and enter into Residential Tenancy Agreements on the Owner's behalf.
- Collect rent and other monies payable by tenants.
- Lodge, transfer and refund bond monies in accordance with the Residential Tenancies Act.
- Arrange routine inspections and provide inspection reports.
- Arrange maintenance and repairs.
- Pay invoices relating to the property from rental funds held.
- Issue notices to tenants where required and in accordance with the Residential Tenancies Act 1986 and its amendments.
- Attend mediation or the Tenancy Tribunal on the Owner's behalf where authorised and recharge Tenancy Tribunal fee appliable at the time.
- Act in the Owner's best interests in the day-to-day management of the tenancy.
4. Property Manager's Responsibilities
The Property Manager agrees to:
- Manage the property with reasonable care and skill.
- Comply with all relevant New Zealand legislation.
- Keep accurate records of income and expenditure.
- Account to the Owner for monies received.
- Communicate significant tenancy matters promptly.
- Exercise reasonable care when selecting tenants, noting that no guarantee can be given regarding future tenant conduct or payment.
5. Owner's Responsibilities
The Owner agrees to:
- Ensure the property complies with all legal requirements, including Healthy Homes Standards.
- Maintain appropriate landlord insurance.
- Promptly advise the Property Manager of any change in ownership or contact details.
- Pay all agreed management fees and disbursements.
- Authorise repairs where required, except in emergency situations.
- Provide all relevant information affecting the management of the property.
6. Maintenance Authority
The Property Manager may authorise required maintenance or repairs:
Emergency repairs necessary to protect people or prevent significant damage may be authorised immediately without prior approval.
7. Fees (all fees are exclusive of GST)
The Owner agrees to pay the Property Manager the following:
Management Fee:
Commission on rental income: 6.5%
Letting Fee: $350
Advertising Fee: $250
Inspection Fee: $50
Annual Smoke Alarm Testing: $90
8. Rent Payments
Rental income received shall be paid to the Owner after deduction of:
- Management fees
- Maintenance costs
- Contractor invoices
- Advertising costs
- Other authorised expenses
Payments will normally be made in accordance with the Property Manager's regular owner payment schedule.
9. Privacy
The parties agree to comply with the Privacy Act 2020.
The Owner authorises the Property Manager to collect, use and disclose personal information where reasonably necessary for the management of the tenancy.
10. Limitation of Liability
The Property Manager will not be liable for:
- Loss of rent caused by vacancy.
- Tenant default.
- Damage caused by tenants beyond the extent recoverable through insurance, bond or legal process.
- Delays caused by contractors or third parties.
- Matters outside the Property Manager's reasonable control.
Nothing in this agreement limits any rights or obligations that cannot legally be excluded under New Zealand law.
11. Insurance
The Owner acknowledges responsibility for maintaining appropriate insurance throughout the period of management.
12. Indemnity
The Owner indemnifies the Property Manager against claims, losses or expenses arising from the lawful performance of its duties under this Authority, except where caused by the Property Manager's negligence, fraud or wilful misconduct.
13. Termination
Either party may terminate this Authority by giving one (1) week's written notice to the other party.
Upon termination:
- The Property Manager will provide a final statement of account.
- Any monies held on behalf of the Owner will be accounted for and paid in accordance with legal requirements.
- All management fees and authorised expenses accrued up to the termination date remain payable.
- The Property Manager will transfer relevant tenancy records to the Owner or the Owner's nominated managing agent within a reasonable timeframe after settlement of all outstanding amounts.
Termination of this Authority does not affect any rights or obligations that arose before termination.
14. General
This Authority is governed by the laws of New Zealand.
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
This document constitutes the entire agreement between the parties unless varied in writing and signed by both parties.
15. Authority to Terminate Existing Property Management Agreement
By signing this Agreement, the Owner authorises On the Ball Property Management to act on their behalf in providing written notice to the current Property Management Company to terminate the existing Property Management Agreement and any associated management services in accordance with the terms of that agreement.
The current Property Management Company that the Owner authorises On the Ball Property Management to provide notice to is:
The Owner confirms that they have the authority to provide these instructions and authorises On the Ball Property Management to communicate with the current Property Management Company and take all reasonable steps necessary to facilitate the transfer of management, including requesting the handover of keys, tenancy documentation, compliance records, maintenance records, trust account information, and any other documents or information reasonably required to ensure a smooth transition.
