Exclusive Leasing and Managing Authority – Residential

This authority should be used when enlisting a single agent or agency to lease a property. It also has provision for a continuing authority period (section 1.5) for after the exclusive authority period ends. Note that if a tenant is introduced to the property by the agent during the exclusive authority period, and the property is subsequently leased to this tenant at the price and conditions in this Authority within 120 days of the end of the exclusive authority ending, the agent is entitled to claim commission.

Form 11:
Exclusive Leasing and Managing Authority – Residential
Residential
Exclusive Leasing and Managing Authority
This Authority should be used when enlisting a single agent or
agency to lease a property.
It also has provision for a continuing authority period (section
1.5) for after the exclusive authority period ends.
Note that if a tenant is introduced to the property by the agent
during the exclusive authority period, and the property is
subsequently leased to this tenant at the price and conditions
in this Authority within 120 days of the end of the exclusive
authority ending, the agent is entitled to claim commission.
CPPDSM4007A Identify legal and ethical requirements of property management to complete agency work

Form 11:
Exclusive Leasing and Managing Authority – Residential
PART 1 Particulars of Appointment
Note: this is a Continuing Authority – see Notices and Disclosures, Items 1 and 2
1.1 Agent/Agency details
Name: 888 Hill Real Estate Pty Ltd.
Address: 641 Whitehorse Road Box, Hill, Vic-3018
ABN: 234567891 Attention: Filled by student
Phone: NA Mobile: NA
Fax: NA
Email: NA
1.2 Client details
Name: Mark West and Samantha West
Address: 56 Bay Street Doncaster 3015.
ABN: NA Phone: [phone]
Mobile: NA Fax: NA
Email:[e-mail]
1.3 Property address
56 Bay Street Doncaster 3015.
1.4 Exclusive Authority Period for Leasing
________30____
__
days from the date of signing
1.5 Continuing Authority Period for Leasing
___30_________
__
days from the end of the Exclusive Authority Period
1.6 Agent’s authorisation
☐ initial leasing
☐ subsequent re-leasing to initial
tenant or assignee
☐ subsequent leasing to new tenant
☐ managing the property
1.7 Urgent Repairs
The Agent is authorised to undertake
urgent repairs up to
$ ______1500________________
(*including GST *excluding GST)
1.8 Rental amount $ ____1500__________________
per ☐ week ☐ fortnight ☐ calendar month ☐ annum
1.9 Bond / Security deposit* (*to be lodged with the RTBA)
☐ ______ weeks (specify) rental ☐ One month’s rent
☐ The sum of $ ____4000____________ ☐ Other (specify) ______________
1.10 Signatures
Agent or agent’s representative
x........................................................
Client(s)/landlord(s)
x.........................................................
Date: Date:
CPPDSM4007A Identify legal and ethical requirements of property management to complete agency work

Form 11:
Exclusive Leasing and Managing Authority – Residential
General conditions (GC)
1.1 Agent means the agent name in the
particulars of appointment
1.2 Appointment includes agreement and/or
authority and the words appoint and/or
appointed shall have corresponding
meanings in the same situations.
1.3 Binding offer means is an offer on the
terms set out in the particulars of
appointment which if obtained in compliance
with the appointment, would (or does) result
in an agreement enforceable against the
tenant.
1.4 Client means the person on whose behalf
the agent is to act
1.5 Conditions include terms and vice versa
1.6 Dangerous condition means any physical
defect in the property that may injure
anybody on the property.
1.7 Introduced to the property means the
prospective buyer was made aware the
property was available for purchase. The
prospective buyer is considered to have been
introduced to the property by the agent if the
prospective buyer became aware of the
property by any means, but not limited to
viewing, hearing or reading an advertisement
of any kind presented in any format on any
platform be it print, radio, television or online
that refers to the availability of the property
and its relationship to the agent.
1.8 Lease includes an Agreement to lease and
is the result of obtaining a binding offer and
leasing has a meaning in the same situation.
1.9 Manage is managing the property and/or the
collection of rent, body corporate
contributions, interest and/or other fees and
amounts in any way connected with the
property.
1.10 Managing expenses are those expenses
relating to the managing of property and
accounting to the client.
1.11 Marketing expenses are the expenses and
charges (including advertising and other
outgoings) incurred by the agent responsible
for selling the property. The level of expenses
incurred determines the rebate, discount or
commission to be received by the agent.
1.12 Person includes a natural person, a
corporation and an incorporated association.
1.13 Price means:
i. an amount equal or greater than the
rental stated in the particulars of
appointment
ii. the rental at which the client signs a
lease or tenancy agreement even if
less than the rental stated in the
particulars of appointment
1.14 Property means real estate as defined in
Section 4 of the Estate Agents Act 1980
1.15 Tenant is the person to whom the property
is leased.
1.16 If the agent leases the property during the
authority period upon these conditions, the
client authorises the agent to sign the lease
on behalf of the client in which the agent
may include other conditions that are
reasonably required for the leasing of the
property.
General conditions (GC) – continued 1.20 The agent is irrevocably authorised to
CPPDSM4007A Identify legal and ethical requirements of property management to complete agency work

Form 11:
Exclusive Leasing and Managing Authority – Residential
1.17 Where the tenant fails to take occupation and
the client is entitled to any forfeited rent, the
client will take all reasonable steps to
recover any such amount(s) from the tenant
and/or any other person who may be liable
for their payment and to pay the professional
fees from the amount(s) paid or recovered.
1.18 If the client fails to pay monies due to the
agent under this authority within 30 days of
receipt of an invoice, the monies will be
deemed to be overdue and interest at the
rate per annum fixed from time to time fixed
under Section 2 of the Penalty Interest
Rate Act 1983 will accrue and be payable
on the overdue monies beginning on the day
following due date for payment and
continuing until and including the date on
which the overdue monies are paid in full.
1.19 Any signatory for a client that is a corporation
will be personally liable for the due
performance of the client’s obligations as if
the signatory was the client. If required by
the agent, the signatory must obtain the
execution by client’s directors of a guarantee
in favour of the agent to be prepared by or
on behalf of the agent.
deduct from any rent received all fees and
managing expenses incurred by the
agent. This authorisation may only be
modified with written consent from the agent.
1.21 If the property is leased and no rent is
received by the agent, the client will pay
the fees and managing fees on demand.
1.22 The client will pay the maximum amount of
marketing expenses to the agent upon
signing this agreement or on demand unless
stated otherwise. The agent will provide the
client with an itemised list of the marketing
expenses expended upon the conclusion of
this agreement or as reasonably required by
the client.
1.23 Urgent repairs has the same meaning as
defined in the Residential Tenancies Act
1997 or any legislation amending or
replacing that act
CPPDSM4007A Identify legal and ethical requirements of property management to complete agency work

Form 11:
Exclusive Leasing and Managing Authority – Residential
PART 2 Agent’s fee and expense schedule
CPPDSM4007A Identify legal and ethical requirements of property management to complete agency work
00
Re-leasing fee %
including GST.
(to existing tenant/s
in possession)
Dollar amount
of estimated
Re-leasing fee
%
$ including
GST of $ on
leasing at *$
of the *Average Annual Rental excluding GST.
Marketing Expenses
17,406
The Vendor acknowledges having being
informed by the Agent, before signing this
Authority, that the Agent’s Fees and the
Marketing Expenses are subject to negotiations
Total $ 1000
Leasing fee %
including GST.
Agent: Filled by student
Signature:
Date:
Dollar amount
of estimated
Leasing fee
%
$ including
GST of $ on
leasing at *$
Including GST
Or calculated as follows
of the *Average Annual Rental excluding GST.
Refer to the Agent’s fee schedule in the Landlord
instruction form for detailed breakdown.
1384.5
Managing fee %
including GST.
Dollar amount
of estimated
Managing fee
%
$ including
GST of
on
leasing at *$
* GST not applicable
per  Week  Fortnight  Calendar Month  Annum
of the *Average Annual Rental excluding GST.
$
Including GST
Or calculated as follows
* GST not applicable
per  Week  Fortnight  Calendar Month  Annum
$
including GST.
Client(s): Mark West and Samantha
West
Signature(s):
Date:
Including GST
Or calculated as follows
* GST not applicable
per  Week  Fortnight  Calendar Month  Annum

Form 11:
Exclusive Leasing and Managing Authority – Residential
Notices and Disclosures
Item 1: Agents’ entitlement to commission
The agent will endeavor to lease the property (to the
extent set out on the agent’s authorisation) in
consideration of which the client agrees to pay the
agent’s fees if the property is leased:
i. during the exclusive authority period by
the agent or by another person (including the
client or another agent) for the price and
upon these conditions.
ii. during the continuity authority period by
the agent
iii. to a person introduced to the property by the
agent
iv. within 120 days after the expiration of the
exclusive authority period for the price and
on these conditions to a person introduced to
the property within the exclusive authority
period and to whom as a result of the
introduction the property is leased.
Items 1 (ii), (iii) and (iv) shall not apply where the
client has incurred liability to pay agent’s commission
under any exclusive agency agreement signed by the
client with another agent after the expiration of the
exclusive authority period.
*The agent will manage the property in accordance
with the level of service and the client will pay the
managing fee and/or the managing expenses as
specified in this authority.
*The agent will manage the property and the
client shall pay the managing fee as set out in this
authority for the period during which the agent
manages the property including any period beyond
the exclusive period for leasing and continuing
authority period for leasing (if any) set out in this
authority.
*Delete is not applicable
Item 2: Continuing authority period
If the property is not leased during the exclusive
authority period and continuing authority period is
stated in the particulars of appointment, the client
appoints the agent to lease the property on a non-
exclusive agency basis during the continuing
authority period.
The client may terminate the continuing authority
board at any time by written notice to the agent. Item
1 remains applicable to this authority even if the
continuing authority period does not apply or ceases.
In consideration of the agent agreeing to the
endeavor to lease the property, the client will pay
the agent the agent’s commission if the property is
leased by the agent for the price at any time during
the continuing authority period except when the client
has incurred a liability to pay the agent’s commission
under any exclusive agency agreement signed by the
client with another agent after the expiration of the
exclusive authority period shown in this authority.
If a continuing authority period hasn’t been stated in
the particulars of appointment the authority
lapses (subject to Items 1 (ii), (iii) and (iv)) at the
expiration of the exclusive authority period shown
in this authority.
Item 3: Exclusive arrangements
This authority prescribes an exclusive authority period
for leasing and a subsequent continuing authority
period for leasing. There is no exclusive authority
period for managing the property.
CPPDSM4007A Identify legal and ethical requirements of property management to complete agency work

Form 11:
Exclusive Leasing and Managing Authority – Residential
Notices and Disclosures (continued)
Item 4: Condition of the property
The client warrants to the agent the property (which
includes all fixtures, fittings and any goods and
chattels leased with the property) is not in a
dangerous condition and also warrants:
i. if at any time the client becomes aware of
any dangerous condition the client will
immediately notify the agent of the
dangerous condition verbally and in
writing
ii. if anybody is injured because of the
dangerous condition of the property, the
client will fully indemnify the agent (any
anybody engaged through the agent) against
any resulting claim or proceeding.
Item 5: Urgent repairs
The client authorises the agent without reference to
the client to arrange urgent repairs to the property (as
the agent of the client) and at the client’s expense to
a cost of $3,000 (excluding GST) or such other
amount specified in the Urgent repairs section of this
authority.
Item 6: The agent may assign this authority to
an another agent
The agent may assign this authority to another
licensed estate agent (the assigned) by giving written
notice to the client. If the client does not object in
writing to the assignment within 14 days of receipt of
the agent’s notice, the assignee is deemed to hold
this authority as if the assignee was the agent named
in this authority and was the agent that provided all
the notices and disclosures.
Item 7: Making a complaint
Any complaint relating to commission or outgoings
can be made to the Director, Consumer Affairs
Victoria (CAV) GPO Box 123 Melbourne, Victoria,
3001 or by telephoning 1300 73 70 30. Unless there
are exceptional circumstances CAV cannot deal with
any dispute concerning commission or outgoings
unless it is given notice of the dispute within 28 days
of the client receiving an account for, or notice the
agent has taken the amount in dispute, whichever is
later.
Item 8: Agent may delegate
The client consents to the agent delegating from
time to time any of its functions in leasing and/or
managing the client’s property. Delegation by the
agent may occur in its capacity as the client’s agent
and not as principal. If the agent delegates a function,
they will remain responsible for the performance of
the delegated function.
Item 9: Client’s charge in favour of the agent
The client agrees to charge the property with the
payment of a leasing fee, re-leasing fee,
managing fee and/or marketing expense and/or
any other outgoing incurred by the agent at the
request of the client. If the amount remains unpaid
after 30 days from the date the invoice was received,
the charge will continue until all the agent is paid in
full.
Item 10: Agent’s lien
The agent may maintain a lien over the client’s
documents and other chattels in the possession or
control of the agent, whilst the client is indebted to
the agent under the terms specified in this authority.
The lien will continue until the agent is paid in full.
Item 11: Ending the authority
11.1 The agent may end this authority without
reason by giving the client 30 days prior written
notice
11.2 If the client does not provide the agent with
adequate funds and/or instructions to enable the
agent to let and/or manage the property in a
manner consistent with good estate agency
practice and/or in a manner consistent with the
agent’s obligations under the Occupational
Health and Safety Act 2004.
CPPDSM4007A Identify legal and ethical requirements of property management to complete agency work

Form 11:
Exclusive Leasing and Managing Authority – Residential
Notices and Disclosures (continued)
Item 11: Ending the authority (continued)
11.3 If the client having given the limited power of
attorney set out in the level of service section of
this authority:
11.3.1 revokes it
11.3.2 does not promptly ratify and confirm it on
being requested to do so
11.3.3 does not pay or reimburse on demand the
agent for any expenses reasonably
incurred or incurable by the agent in
acting as the client’s attorney under
power
the agent may end this authority, the client will pay or
reimburse in full all outgoings, commission and
interest (if any) owing to the agent or incurred or paid
on behalf of the client by the agent up to and
including the date this authority ends, commission
being adjusted pro rata (if necessary).
Item 12: Dispute resolution
The agent has procedures for resolving complaints
and disputes arising from the operation of the agent’s
estate agency practice. If complaint or dispute arises,
please ask to be informed about the procedures.
Item 13: Rebates statement – No rebate will be
received
The Agent will not be, or is not likely to be entitles to
any rebates. A rebate includes any discount,
commission, or other benefit and includes non-
monetary benefits.
If entitled to a rebate, complete and attach the rebate
statement approved by the Director of Consumer
Affairs Victoria, at the time of signing this authority.
The rebate statement can be downloaded from the
Consumer Affairs Victoria (CAV) website
http://www.consumer.vic.gov.au.
Item 14: Commission sharing
The agent may share commission with an employee
who is an estate agent or an agent’s representative,
or an estate agent who is the Agent’s business
partner. If commission is to be share with anyone else,
complete and attach the notice of commission sharing
approved by the Director of Consumer Affairs Victoria,
at the time of signing this authority. The notice can be
downloaded from the Consumer Affairs Victoria
(CAV) website.
Note: Client is to initial each Notice and Disclosure item
Signatures
Agent or agent’s representative
x........................................................
Client(s)/landlord(s)
x.........................................................
x.........................................................
Date: Date:
Rebate statement – Section 48A-E, Estate Agents Act 1980
The agent will not be, or is not likely to be, entitled to any rebates. A rebate includes any discount,
commission, or other benefit, and includes non-monetary benefits.*
(*If entitled to a rebate, the agent is to complete and attach the rebate statement approved by the Director of
Consumer Affairs Victoria, at the time of signing this Authority. The statement can be downloaded at
www.consumer.vic.gov.au)
CPPDSM4007A Identify legal and ethical requirements of property management to complete agency work

Form 11:
Exclusive Leasing and Managing Authority – Residential
PART 3 Level of service
The client agrees with the agent the following services to be provided in relation to the
property. Place an X or select each checkbox to indicate the services being offered by your agent.
3.1 Letting services
☐ Prepare and provide property condition reports at start of lease
☐ Provide estimate of potential rental income
☐ Provide marketing/advertising recommendations for the property
☐ Recommend methods for maximising the property’s appeal to prospective
tenants
☐ Organise preparation and display of all required advertising, including the
installation of boards on the property and online promotional material
☐ Review prospective tenant applications and submit tenant offers and
recommendations
☐ Conduct a condition report of each property and record outcomes
☐ Prepare lease and arrange for signing by all stakeholders
3.2 Periodic property inspections
3.21 Periodic property inspection carried out by the agent once
every:
☐ 6 months
☐ 12 months
3.22 Periodic inspection of all gas appliances, infrastructure and
services by licensed tradesperson:
☐ 6 months
☐ 12 months
3.23 Periodic inspection by the agent of all smoke alarms
installed in the property to ensure correct operation:
☐ 6 months
☐ 12 months
PART 4 Client(s)/landlord(s) acknowledgements
4.1 The marketing expenses incurred during the
currency of this authority, whether or not a
leasing takes place, will be paid:
☐ upon signing this authority
☐ upon written demand
☐ by deduction from the rent
4.2 The client signed this authority before signing any binding
residential tenancy agreement related to the property
☐ yes
☐ no
4.3 When signing this authority the client received a
counterpart from the agent
☐ yes
☐ no
4.4 The client received the Privacy Act 1988 Collection and
Use of Personal Information Notice, when signing this
authority
☐ yes
☐ no
CPPDSM4007A Identify legal and ethical requirements of property management to complete agency work

Form 11:
Exclusive Leasing and Managing Authority – Residential
4.5 Subsequent sharing of commission to facilitate leasing
4.51 With the client’s permission, an agent is permitted to share the leasing fee
payable by the client with another agent or person to facilitate the initial
meeting leasing of the property and/or subsequent re-leasing of the property
to a new tenant during the exclusive authority period for leasing or the
continuing authority period. The agent must then promptly sign another
authority on the same terms and conditions as this authority, but with an
authority period adjusted to only include the remaining to unexpired days
under this authority. The Notice of commission sharing form must then be
completed to record the sharing of the leasing fee.
4.52 Notice of commission sharing (optional)
Delete by striking through if not applicable
Important information for Landlord(s)
If the agent has agreed to share the commission that will be payable for selling, leasing
or managing your property, before getting your signature to engage or appoint them,
they must give you this commission sharing statement. This statement shows details of
all other people who will share in the commission.
4.53 The agent’s commission will be shared with other people (other than a
licenced estate agent or an agent’s representative employed by the agent who
is in partnership with the agent.)
In accordance with Section 48 of the Estate Agents Act 1980, the agent states
that the commission the agent is entitled to under the terms of this authority
will be shared with other people as follows:
Name and address with whom
commission is to be shared
Description of such person(s)
Name: Filled by Student
Address: Filled by Student
Filled by Student
Name: NA
Address: NA
NA
Name: NA
Address: NA
NA
4.54 Signatures
Agent or agent’s representative
x........................................................
Client(s)/landlord(s)
x.........................................................
x.........................................................
Date: Date:
CPPDSM4007A Identify legal and ethical requirements of property management to complete agency work

Form 11:
Exclusive Leasing and Managing Authority – Residential
4.6 Privacy Act 1988 (Cth): Collection and use of personal information
Our agency will collect your personal information and will use it, and will
provide it to others with whom we need to have contact, in connection with
performing our Service(s) as your agent. We securely store personal details
and information as long as required to provide our Services, or to comply with
applicable laws. When this personal information is no longer required, we will
remove or de-identify in a safe and secure manner.
Why do we collect personal information?
(a) We offer a variety of services, including providing appraisals of
properties, acting as a real estate agent for the buying and selling of
properties, leasing and managing leased properties, advertising
properties, business broking and providing conveyancing and property
settlement agents (our Services)
(b) We collect personal information to enable us to provide our Services
(c) If we do not collect the personal information or if any of the personal
information you provide is incomplete or inaccurate, we may not be
able to provide the Services or those Services may be compromised.
What personal information do we collect?
This depends on the Service or Services that we provide to you, some
examples of these details are: your full name, address (residential and/or
business), contact phone number(s) and email address(es), employment
details, insurance details, credit card and bank account details, other financial
information, and others as Services require.
How do we use your personal information?
We may disclose your personal information to third parties in certain
circumstances including:
(d) if you agree to the disclosure
(e) when we use it for the purpose for which it was collected, i.e. as part of
a sale or leasing process or in the provision of another of our Services
(f) providing details of the sale or leasing of the property to our agency
and/or any other agency regardless of the platform or format to enable
either or both of us to promote our Services
(g) responding to legitimate and authentic enquiries received from
Consumer Affairs Victoria and/or governing body relating to this
authority and/or the sale or leasing of this property.
(h) to employees, contractors, franchisees and service providers who assist
us in operating our business and providing our Services
(i) where disclosure is required or permitted by law (e.g. criminal law)
(j) if disclosure will prevent or lessen a serious or imminent threat to
someone's life or health.
How do I access my personal information on file?
If you would like check, change, correct or discuss your personal information
on file you can contact our Privacy Officer on [e-mail].
Please check our website www.bhirealestate.com.au for further details on our
privacy policy. [Note: these are fictional emails and web addresses]
4.61 I/we agree to the details contained in Section 4.6 “Collection and use of
CPPDSM4007A Identify legal and ethical requirements of property management to complete agency work

Form 11:
Exclusive Leasing and Managing Authority – Residential
personal information”
4.62 Signatures
Agent or agent’s representative
x........................................................
Client(s)/landlord(s)
x.........................................................
x.........................................................
Date: Date:
CPPDSM4007A Identify legal and ethical requirements of property management to complete agency work