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Hi,
We have added an item to our Sales Agency Appointments (PO Form 6 - Residential and Commercial) in respect of the new Foreign Resident Capital Gains withholding provisions (Taxation Administration Act 1953 (Cth)).
Where a property is valued at $2,000,000 or more, this item will alert the vendor to the requirements of the new capital gains withholding provisions and how it may affect them. It will also provide them with information they may require to prepare for the sale of their property.
The item has been added to the appointment to help protect you the agent in respect of potential capital gains withholding issues. You should not be required to act further on the information provided by the vendor, although such information may be of value to the vendor's conveyancing agent.
Forms affected are:
- AUQLDRECMA01 PO Form 6 - with Schedule for Commercial Sales
- AUQLDRECMA02 PO Form 6 - with Schedule for Business Sales
- AUQLDREPSA01 PO Form 6 - with Schedule for Residential Sales
- AUQLDREPSA02 PO Form 6 - with Schedule for Residential Sales (with Listing Form attached)
- AUQLDREPSA03 PO Form 6 - with Schedule for Residential Sales (with CMA attached)
- AUQLDREPSA04 PO Form 6 - with Schedule for Residential Sales (with Listing Form & CMA attached)
1. Airbnb issues are currently a hot topic within the industry after a recent tribunal hearing and subsequent Supreme Court decision in Victoria.
Because the tenant, under a residential tenancy agreement, sub-let the entire premises through an Airbnb rental website, the landlord served a termination notice on the tenant.
Tribunal ruled in favour of the tenant, but subsequently the Supreme Court ruled in favour of the Landlord based on the fact that the Airbnb
agreement between the tenant and the Airbnb guests was for occupation of the whole of the premises. This may indicate a tenant occupying premises under a residential tenancy agreement in Victoria may be able to license a portion of the premises under an Airbnb agreement without the Landlord's permission.
As a result we at ADL have put our Tenancy Agreements, Australia wide, under the microscope to ensure they keep landlords protected against a tenant sub-letting and/or licensing all or part of a rental premises without the Landlord's permission.
We believe the standard RTA Form 18a does NOT adequately cover the Airbnb situation. As a result, to better protect the Landlord against unauthorised sub-letting or licensing in respect of Airbnb or similar online service, we have added a Special Term to the ADL versions of the 18a where we provide extra terms. The new Special Term '3(3)' reads as follows:
The Tenant may not grant other person’s a licence to occupy or use the whole or part of the premises for the Tenant’s commercial gain, whether by written or verbal agreement with the other person/s, without the Lessor’s consent having been first obtained. The Lessor must act reasonably.
Having said this, it would still be the
Agent's responsibility to take appropriate action where the Agent becomes aware of unauthorised sub-letting or licensing by a tenant of one of their managed properties.
Forms affected are:
- AUQLDREPMT28 RTA Form 18a - General Tenancy Agreement - Extra Terms
- AUQLDREPMT29 RTA Form 18a - General Tenancy Agreement - Extra Terms (Lessor Name on Sig. Page)
- AUQLDREPMT45 RTA Form 18a - General Tenancy Agreement - Extra Terms (Casual Letting)
- AUQLDREPMT46 RTA Form 18a - General Tenancy Agreement - Extra Terms (Long Term Leases)
2. Updating ADLForms
ADLForms should have automatically updated to allow access to the new forms and the latest version of the software (v9.3.6) 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 and/or program to download and install.
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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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