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Hi,
A change has been made to the Residential Tenancies Regulation 2010 (Addition of Clause 7(b1)) in regard to loose-fill asbestos insulation (LFAI) and takes affect today (30th May 2016). A fact sheet has also recently been published by Fair Trading which contains recommendations on actions to be taken by Agents in respect of LFAI.
As a result of the changes to the regulations and the Fair Trading fact sheet we have made changes to all relevant Agency Agreements within ADLForms and added a new form (Residential Premises - Loose-Fill Asbestos Insulation Questionnaire).
The Fair Trading fact sheet outlines steps they recommend an Agent should take in regard to LFAI. Our new Questionnaire is based on those recommendations.
Click here to view a copy of the Fair Trading Fact Sheet
The new Questionnaire will assist you to:
- Identify any possible LFAI issues with a property prior to entering into an Agency Agreement with a client; and
- Comply with your obligations under the Work Health and Safety Act 2011.
The questionnaire should be provided to owners for completion prior to signing an Agency Agreement. For existing clients, it would be prudent to provide them with the questionnaire for completion at your earliest convenience.
All Agency Agreements (where applicable) have been modified to allow an agent to act on their obligations under the Act without fear of being in breach of the agreement with their client (Refer Items 'Landlords Disclosure' or 'Loose-fill Asbestos Insulation Questionnaire' and Clause 'LFAI').
For further information about your obligations Click Here
Forms Changes are as follows:
- AUNSWREPM008 Exclusive Management Agency Agreement (Holiday Letting)
- AUNSWREPM010 Exclusive Management Agency Agreement (Residential)
- AUNSWREPM012 Exclusive Management Agency Agreement (Residential - excluding Insurance Item)
- AUNSWREPM016 Exclusive or Open Leasing Agency Agreement (Residential)
- AUNSWREPM019 Strata Scheme Management Agency Agreement
- AUNSWREPM031 Management & Leasing Agency Agreement (Holiday Letting)
- AUNSWREPM033 Exclusive Management Agency Agreement (Residential - Multiple Owners)
- AUNSWREPM053 Exclusive Management Agency Agreement (Residential &/or Short Term Tenancy)
- AUNSWREPS001 Exclusive Auction Agency Agreement (Residential)
- AUNSWREPS002 Exclusive Selling Agency Agreement (Residential)
- AUNSWREPS003 Sole Selling Agency Agreement (Residential)
- AUNSWREPS004 Open Selling Agency Agreement (Residential)
- AUNSWREPS005 Open Selling Agency Agreement (Rural)
- AUNSWREPS006 Exclusive Selling Agency Agreement (Rural)
- AUNSWREPS007 Exclusive Auction Agency Agreement (Rural)
- AUNSWREPS008 Sole Selling Agency Agreement (Rural)
- AUNSWREPM058 Loose-Fill Asbestos Insulation Questionnaire - Property Management
- AUNSWREPS038 Loose-Fill Asbestos Insulation Questionnaire - Property Sales
These forms were released into ADLForms late last night for use by you first thing today (See 2. Updating ADLForms below for information on how to update to the latest forms).
1. Further changes to the Residential Tenancies Regulation 2010 will affect the Standard Form Tenancy Agreement and come into effect on 30th October 2016.
These changes will require the insertion of a new clause 40B (below) into the agreement.
40B. The landlord agrees:
40B.1 if, at the time that this residential tenancy agreement is entered into, the premises have been and remain listed on the LFAI Register, the tenant has been advised in writing by the landlord that the premises are listed on that Register, or
40B.2 if, during the tenancy, the premises become listed on the LFAI Register, to advise the tenant in writing, within 14 days of the premises being listed on the Register, that the premises are listed on the Register.
The following definition will also be included:
LFAI Register means the register of residential premises that contain or have contained loose-fill asbestos insulation that is required to be maintained under Division 1A of Part 8 of the Home Building Act 1989.
2. Updating ADLForms
ADLForms should have automatically updated to allow access to the new forms and the latest version of the software (v9.3.4) when you first opened ADLForms today. If this has not occurred then:
- Click the 'Update' button from the main menu of the program. Please allow a few minutes for the forms to download and install.
- If this fails to update your forms then:
- Select Tools -> 'Re-initialise ADLForms’ from within the Main Menu of the ADLForms program. This will close the program.
- Restart ADLForms and click the 'Update' button.
- If you still do not have the updated forms click here to download and re-install ADLForms.
- If all the above do not result in a successful forms and program update please contact our tech support team for assistance.
Click on the link below to:
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