Management Agent - contract terms

Discussion in 'Property Management' started by giraffez, 6th Apr, 2017.

Join Australia's most dynamic and respected property investment community
  1. giraffez

    giraffez Well-Known Member

    Joined:
    4th Dec, 2015
    Posts:
    595
    Location:
    NSW
    In an agency agreement, what does Authority for the agent to select tennants mean? That the agent can select the tennants without running past me?

    So far in all my contracts, its by default no. But in my current one, the default is yes. As an owner, am i better to have it set to yes or no.
     
  2. Anthony Brew

    Anthony Brew Well-Known Member

    Joined:
    18th Feb, 2017
    Posts:
    1,176
    Location:
    Australia
    I would always require them to get my agreement first.
    Also make sure they have done all the checks on the tenant so that they don't have history of damaging the places they rent and to make sure they have a job.
     
  3. giraffez

    giraffez Well-Known Member

    Joined:
    4th Dec, 2015
    Posts:
    595
    Location:
    NSW
    Thanks yes but is that what "Select Tennants" on the contract is indicating? That they can select a tennant without my approval?
     
  4. Xenia

    Xenia Well-Known Member

    Joined:
    16th Oct, 2015
    Posts:
    3,863
    "Agent" means acting on your behalf for all matters. An agent authority means they can make a descision regarding your property and you are bound by that descision. Legally an agent can choose tenants without your approval - but they have a fiduciary responsibilty to do the right thing.

    The common thing in the industry is to communicate with landlords so the landlords are making the choice not the agents.
     
    Tanya1335 likes this.
  5. giraffez

    giraffez Well-Known Member

    Joined:
    4th Dec, 2015
    Posts:
    595
    Location:
    NSW
    Thanks, so what impact does "Select Agent Yes" and "Select Agent No" on the contract have on me? Does it matter? Should I change the Yes to No?
     
  6. giraffez

    giraffez Well-Known Member

    Joined:
    4th Dec, 2015
    Posts:
    595
    Location:
    NSW
    Really what i'm trying to find out here is whether I should tick Yes or No on this item.
     
  7. giraffez

    giraffez Well-Known Member

    Joined:
    4th Dec, 2015
    Posts:
    595
    Location:
    NSW
    Surprisingly little response, i thought this would have been an easy one since most of us here on the property management forum would have signed at least one of these.

    I'm still not sure what to tick, whether one is more beneficial than the other from an owners point of view. Appreciate if anyone can provide some input on this. Thank you
     
  8. Xenia

    Xenia Well-Known Member

    Joined:
    16th Oct, 2015
    Posts:
    3,863
    Tick yes
    If you tick no, they would need to send leases and lease extensions to you every time - it holds things up when they can just have authority to do it for you on the spot.
     
  9. giraffez

    giraffez Well-Known Member

    Joined:
    4th Dec, 2015
    Posts:
    595
    Location:
    NSW
    Thanks, I'm just curious what authority do I lose as an owner by doing that. Do I still get a say?
    Under good circumstances when the agent is acting on my best interest, I wouldn't hesitate to tick yes, but I have in the past as you know had experienced bad agents that just want to do the absolute minimal and not necessarily in my best interest.
     
  10. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,190
    Location:
    Adelaide and Gold Coast
    I think the reason you haven't got many answers is because that's a NSW specific contract and we don't have many NSW PMs on forums. In other states that's a default thing, agents have authority to act on behalf of their clients.
     
  11. giraffez

    giraffez Well-Known Member

    Joined:
    4th Dec, 2015
    Posts:
    595
    Location:
    NSW
    Oh is that why? :(
    Thank you for explaining

    For your state, what are the disadvantages of selecting yes for the owner? Do they have anything to lose?
     
  12. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,190
    Location:
    Adelaide and Gold Coast
    There's no option. Agents have authority, that's the whole definition of the word agent.
     
  13. giraffez

    giraffez Well-Known Member

    Joined:
    4th Dec, 2015
    Posts:
    595
    Location:
    NSW
    sorry a bit slow:confused:. I assumed there was the option so didn't quite understand. Now I get what you are trying to say:D