1. Applicants WarrantyThe applicant/s warrant/s
- that the details are provided on their Applicant Details Sheet are true and correct
- that they are not bankrupt or insolvent
2. Applicant/s AgreesThe Applicant/s agree/s that:
- they have inspected the Premises in Item (1) and accept its condition.
- the Applicant/s will sign the Tenancy Agreement forthwith upon being notified of acceptance of this Application by the Agent
- this Tenancy Application, unless accepted, creates no contractural or legal obligations between the parties.
- they understand that the Landlord/Agent is not required to give an application to them for any Application not approved.
- on acceptance of this Application for Tenancy by the Landlord being notified to the Applicant/s will rent the Premises from the Landlord under a Tenancy Agreement drawn up by the Agent and, upon signing of the Tenancy Agreement, pay the Bond and Rent amounts in item (1) by a method acceptable to the Agent. Such payments to be cleared funds prior to occupancy.
- as tenant it must satisfy itself as to the provision of an 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 a 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 Holiding Fee, will be retained by the Landlord/Agent 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 Applicants will be retained by the Landlord/Agent.
3.3 If the Applicant/s have paid a Holding Fee, the Landlord/Agent 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/s unless the Applicant/s notifies the Landlord/Agent that they 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/s, or obtained by other means, to assess your application for a residential tenancy and provide the services required by you or on your behalf.
4.3 You as the Applicant/s 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:
- the Landlord as Owner of the Premises to which this Application for Tenancy applies; &/or
- (subject to the provisions of Division 2 of the Residential Tenancies Act 2010) residential tenancy databases for the purpose of confirming the details in your Application and enabling a property assessment of the risk in providing you with the lease; &/or
- tradespeople and similar contractors engaged by the Landlord/Agent in order to facilitate the carrying out of works with respect to the Premises; &/or
- previous managing agents and nominated Referees to confirm information provided by you; &/or
- the Landlord's insurance companies; authorised real estate personnel; courts and tribunals and other third parties may be required by the Agent relating to the administration of the Premises and use of the Agent's services; &/or
- 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/s have the right to access such personal information and may require connection or amendment of any inaccurate, incomplete, out of date or irrelevant information.
4.6 The Agent will provide (where applicable), on request, a copy of its Privacy Policy.
5. Notes to Applicant/s
5.1 The following documents form part of this Application:
- Application for Tenancy (first page)
- Terms of Application
- Each Applicant's, Applicant Details Sheet
- Any other annexure and/or special conditions as provided by the Agent
5.2 Each Applicant must read and initial every page as acceptance of the information provided.
5.3 For the purpose of service of notice, service on any one Applicant shall be deemed to be served on all Applicants.