Apply for a Property

Terms of Application
1. Declaration

The Applicant declares:
(1) that all the above details are true and correct
(2) it is not bankrupt or insolvent.

2. Applicant Agrees

The Applicant agrees that:
(1) they have inspected the Premises in Item (1) and accept its condition.
(2) the Applicant will sign the Tenancy Application forthwith upon presentation of the same by the Agent.
(3) this Tenancy Application, unless accepted, creates no contractual or legal obligations between the parties.
(4) they understand that the Landlord/Agent is not required to give an explanation to the Applicant for any application not approved.
(5) on acceptance of this Application for Tenancy by the Landlord being notified to the Applicant, verbally or in writing, the Applicant will rent the Premises from the Landlord under a Tenancy Agreement drawn up by the Agent and, upon the signing of the Tenancy Agreement, pay the Bond and Rent amounts in Item (3) by a method acceptable to the Agent. Such payments to be cleared funds prior to occupancy.
(6) as tenant it must satisfy itself as to the provision of any electronic communication services to the Premises (internet, television – analogue, digital or cable) and the adequacy of existing electrical fittings with respect to the use of such services. The Landlord gives no warranty in respect to the provision or adequacy of such services or electrical fittings to the Premises.

3. Holding Fee (if applicable)

3.1 If a Holding Fee amount is specified in Item (1) the Applicant/s will be required to pay such fee to the Agent, upon the Applicant/s Application for Tenancy being approved by the Landlord/Agent. Such fee, if a Tenancy Agreement is entered into after payment of a Holding Fee, will be retained by the Landlord and paid towards the first payment of Rent.
3.2 Should the Applicant/s refuse to enter into the Tenancy Agreement (except in the case of refusal due to misrepresentation or failure to disclose a material fact by the Landlord or Agent) any Holding Fee paid by the Applicant/s will be retained by the Landlord.
3.3 If the Applicant has paid a Holding Fee, the Landlord must not enter into a Tenancy Agreement with any other person within 7 days of payment of such fee or within such further period as may be agreed with the Applicant unless the Applicant notifies the Landlord that he no longer wish to enter into a Tenancy Agreement.

4. Privacy Statement

4.1 The Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988) and where required maintain a Privacy Policy.
4.2 The Privacy Policy outlines how the Agent collects and uses personal information provided by you as the Applicant, or obtained by other means, to assess your application for a residential tenancy and provide the services required by you or your behalf.
4.3 You as the Applicant agree, to further assess your Application, the Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such information to:
(1) the Landlord as Owner of the Premises to which this Application for Tenancy applies; &/or
(2) subject to the provisions of Division 2 of the Residential Tenancies Act 2010 residential tenancy databases for the purpose of confirming details in your Application and enabling a proper assessment of the risk in providing you with the lease; &/or
(3) tradespeople and similar contractors engaged by the Landlord/Agent in order to facilitate the carrying out of works with respect to the Premises; &/or
(4) previous managing agents and nominated Referees to confirm information provided by you; &/or
(5) the Landlord’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Agent relating to the administration of the Premises and use of the Agent’s services; &/or
(6) the utility connection provider, where you have opted for such a service in Item (6), for the purpose of enabling the connection and/or disconnection of your utility services; &/or
(7) Owners Corporations.
4.4 Without provision of certain information the Agent may not be able to act effectively or at all on the Landlord’s behalf as a result of which your Application may not be acceptable to the Landlord.
4.5 The Applicant has the right to access such personal information and may require correction or amendment of inaccurate, incomplete, out of date or irrelevant information.
4.6 The Agent will provide (where applicable), on request, a copy of its Privacy Policy.