Terms and Conditions
- The Landlord warrants that they have authority to enter into this agreement.
- The Landlord warrants that they have appointed the Managing Agent to let and manage all or any part of the residential premises.
- (a) The Landlord warrants that the Managing Agent has the authority to deduct from monies held in trust or otherwise received on behalf of the Landlord, from time to time, for subscription fees payable to the Company.
(b) "The Company" means Barclay MIS Protect & Collect Australasia Limited CN 4549819 hereinafter referred to as 'the Company'. -
The Landlord hereby authorises "The Company" its successors and assigns to take recovery action in respect of any monies which may be due and owing in respect of the residential premises as contained in a Tenancy Tribunal/District Court Order obtained by the Landlord/Managing Agent including all matters incidental thereto including but not necessarily limited to:-
- skip trace search to locate tenant will be undertaken, as is reasonably possible, subject to details supplied by the Managing Agent/Landlord.
- correspond and converse with any necessary party on behalf and with the authority of the Landlord/Managing Agent;
- attend District Court/Tenancy Tribunal to file the required legal process;
- undertake necessary searches through Government Departments and Agencies;
- draw up appropriate legal documents to register a Tenancy Tribunal Order in the District Court;
- attend District Court/Tribunal/Local Court to file and uplift copy of appropriate legal documents to obtain judgement;
- draw up and file appropriate legal documents to obtain order for examination;
- attend District Court and file appropriate legal documents for examination of Judgment Debtor;
- serve the appropriate legal documents for examination of Judgment Debtor upon tenant or person liable to pay;
- attend hearing at District Court for Examination of Judgment Debtor;
- draw up appropriate legal documents to instigate Garnishee Proceedings;
- draw up appropriate legal documents to obtain appropriate Warrant;
- attend Court and file appropriate legal documents to obtain Warrant.
- all such other and further attendances of and incidental to the enforcement and recovery of the amount payable under the Tenancy Tribunal/Order.
- (a) The Company acknowledges that the whole of the fees and outlays incurred by "The Company in taking the steps listed in item 4 shall be borne by "The Company" in consideration of the payment of the subscription.
(b) The Landlord acknowledges that "The Company" shall recover fees and outlays incurred from the named or tenant or person liable to pay the debt.
(c) The Landlord acknowledges that the fees and outlays mentioned in (b) shall be deducted from the moneys recovered by "The Company". - "The Company" shall at all times use its reasonable endeavours to recover the whole of the sums due and payable by a tenant or other persons liable to pay. However the Landlord acknowledges that "The Company" shall not be liable to the Landlord in respect of its failure to recover the whole of the moneys due from a tenant or other person liable to pay.
- The Landlord hereby authorises the managing agent to compromise, settle or otherwise discontinue actions or claims in respect of tenants or other persons liable to pay where, in the reasonable opinion of "The Company" sums as maybe due and payable by a tenant or other person liable to pay are irrecoverable at law or the cost of recovery would exceed the amount which may reasonably be expected to be recovered upon further steps being taken to recover amounts due and payable.
- Amounts recovered shall be paid to the Managing Agent who shall deposit such amounts to the Managing Agents trust account. The issue of a trust account receipt by the managing agent to the said "The Company" in respect of the proceeds of any recovery action shall discharge "The Company" from any liability in respect of the monies received by it.
- "The Company" shall, if requested in writing to do so, render a statement to the Landlord and/or the Managing Agent accounting for moneys received upon completion of the recovery action.
- The Landlord will hold and keep indemnified "The Company" against all actions, suits, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made against the said "The Company" in the course of or arising out of the proper performance or exercise of any of the powers duties or authorities of the said "The Company" hereunder.
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The Landlord acknowledges that the Managing Agent shall be authorised to provide particulars for the purpose of this agreements as follows:-
- the full name and address of the tenant or other person liable to pay;
- the name and address of the employer(s) of the tenant or person liable to, pay;
- the telephone number and facsimile number of the tenant or the person liable to pay;
- the forwarding address, if any, known to the managing agent of the tenant or person liable to pay:
- a copy of the tenancy agreement, receipts, vouchers, cheques paid or unpaid and all other documents relevant to the tenancy;
- a statement of amounts received by the managing agent from the tenant or person liable to pay whether that record consists of a trust account statement or otherwise;
- full names, addresses, contact numbers and any other relevant details of next-of-kin and personal and business referees of the tenant or other person liable to pay.
- all other information, documents or things which the "The Company" deems necessary to assist The Company" in recovering amounts due and payable by a tenant or other person liable to pay.
- The debt recovery services to be provided by "The Company" commence on the date of this Agreement.
- This Agreement does not apply to claims which may have arisen by the Landlord/Managing Agent against a tenant or other person liable to pay a debt prior to the commencement of this Agreement.
- The renewed subscription date is to be the date 12 months from the commencement date of this Agreement.
- The Landlord/Managing Agent warrants and guarantees that the property/properties subject to this Agreement is/are residential property/properties.
- This agreement is is for the sole protection of residential premises.
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The Landlord acknowledges that as a pre-condition of the services being provided by "The Company" pursuant to this agreement the following must have occurred:
- The residential property must be in a positive rental situation at the commencement of the subscription.
- A Tenancy Application Form containing the information recommended by Barclay MIS has been completed in full by each adult occupant of the residential property.
- Subscription is only available while the property is managed by a real estate agent.
- The Landlord/Managing Agent agree that in the event of a recovery being lodged with the Company that the debt will be assigned to the Company for the purpose of taking whatever action the Company deems necessary for the recovery of the debt.
- In the event that a Cover Note Agreement is entered into between the Company and the Managing Agent, the Landlord/Managing Agent agree that any recovery actions lodged with and actioned by the Company during the term of the Cover Note will incur no costs, fees or other charges subject to the Cover Note agreement proceeding and completing. In the event that the Cover Note agreement is cancelled, altered, ceases or fails to complete for any reason then any recovery claims lodged with the Company will attract all charges as per the Company's schedule of fees and will become due and payable to the Company.
- The Landlord/Managing Agent autorises the Company to deduct such sums as are due and payable under clause 20 to be taken from any monies held by the Company for payment to the Landlord/Managing Agent.