Red Gum
Property Management
Terms And Conditions
1. Introduction
Welcome to Red Gum Property Management, the leading property management service on the Gold Coast, committed to excellence in managing your real estate investments. These Terms and Conditions constitute a legally binding agreement between Red Gum Property Management (hereinafter referred to as “the Company”, “We”, “Us”, or “Our”) and you, the property owner or tenant (hereinafter referred to as “Client”, “You”, or “Your”), setting forth the rights and responsibilities of both parties. By using Our services, you agree to be bound by these terms, which are designed to ensure a transparent, fair, and mutually beneficial relationship.
2. Definitions
This section clarifies key terms used throughout this document to ensure mutual understanding and avoid ambiguity.
- “Services”: Encompasses all activities related to property management as undertaken by the Company, including tenant screening, leasing, rent collection, maintenance and repairs, inspections, and legal compliance.
- “Property”: Refers to real estate properties managed by the Company on behalf of the Client.
- “Tenant”: An individual or entity that enters into a lease agreement to rent a property managed by the Company.
- “Lease Agreement”: A contract between the Tenant and the Client for the rental of a property, facilitated by the Company.
- “Maintenance”: Work required to keep or restore a property to a condition suitable for occupancy, which may include repairs, replacements, and routine care.
3. Services Offered
Red Gum Property Management provides comprehensive property management solutions designed to enhance property value, ensure tenant satisfaction, and comply with legal standards. Our services include:
- Tenant Screening: Comprehensive background checks, including credit, employment, rental history, and references to ensure reliable and responsible tenants.
- Lease Management: Preparation and execution of lease agreements, handling renewals, terminations, and ensuring compliance with local laws and regulations.
- Rent Collection: Efficient collection of rent, including the implementation of online payment options, and handling of late payments in accordance with the policies outlined in the Lease Agreement.
- Maintenance and Repairs: Coordination of routine maintenance and emergency repairs, leveraging a network of qualified contractors to ensure timely and cost-effective service.
- Property Inspections: Regular inspections to assess property condition, ensure lease compliance, and identify maintenance needs.
- Financial Reporting: Provision of detailed financial reports covering income, expenses, and property performance metrics.
- Legal Compliance: Ensuring all property management activities comply with relevant laws and regulations, including property standards, safety requirements, and tenant rights.
4. Client Obligations
To facilitate effective management of your property, Clients are required to:
- Provide comprehensive and accurate information about the property, including any known defects or legal encumbrances.
- Ensure the property meets all health, safety, and building codes and remains in compliance throughout the term of our management.
- Approve budgets for routine maintenance and repairs, and provide timely responses for approval on significant maintenance issues or expenditures beyond pre-approved amounts.
- Carry adequate insurance coverage for the property, including liability insurance, and provide proof of such insurance to the Company upon request.
5. Tenant Obligations
Tenants occupying properties managed by Red Gum Property Management must:
- Pay rent on time and in full, as stipulated in the Lease Agreement.
- Maintain the property in good condition, reporting any maintenance issues promptly to the Company.
- Abide by all terms of the Lease Agreement, including restrictions on use, occupancy limits, and policies on pets or smoking.
- Obtain renter’s insurance, where required, and provide proof of such insurance to the Company.
6. Fees and Payments
A detailed schedule of fees for our property management services will be provided to Clients at the initiation of our agreement. These fees may include but are not limited to, management fees (typically a percentage of collected rent), leasing fees for tenant placement, and renewal fees. Additional charges may apply for extraordinary services not covered under the standard management agreement. All payments for services rendered by Red Gum Property Management are due upon receipt of the invoice, with terms and conditions for late payments clearly outlined.
7. Property Maintenance and Repairs
Red Gum Property Management is committed to maintaining properties in a safe, functional, and attractive condition. Our maintenance policy includes:
- Regular maintenance schedules to address routine care and upkeep of the property.
- A 24/7 emergency repair hotline for tenants, ensuring immediate response to urgent maintenance issues.
- Pre-negotiated rates with trusted contractors to provide cost-effective repair and maintenance services.
- Authorisation limits set forth in the management agreement for repairs, with the requirement for Client approval for expenditures exceeding these limits, except in emergency situations where delay could result in further damage or increased costs.
8. Lease Management
Our comprehensive lease management services include drafting lease agreements that comply with local laws and protect the Client’s interests, handling lease renewals to minimise vacancy periods, and managing lease terminations and evictions in accordance with legal requirements. We strive to balance firm enforcement of lease terms with fair and respectful treatment of tenants.
9. Privacy Policy
In the course of providing property management services, Red Gum Property Management may collect personal information from Clients and Tenants. This information will be handled with the utmost care, used solely for the purpose of delivering our services, and protected in accordance with our Privacy Policy and the Australian Privacy Principles. We will not share personal information with third parties without consent, except where required by law or necessary to carry out our services.
10. Liability and Indemnity
While Red Gum Property Management takes every precaution to manage properties effectively and legally, we cannot be held liable for indirect, incidental, or consequential damages arising from our management activities, except in cases of gross negligence or wilful misconduct. Clients agree to indemnify and hold harmless Red Gum Property Management, its officers, employees, and agents against all claims, damages, losses, and expenses arising out of the property management services provided, except those resulting from the Company’s gross negligence or wilful misconduct.
11. Dispute Resolution
We aim to resolve any disputes amicably through direct communication and negotiation. If disputes cannot be resolved internally, we agree to pursue mediation or arbitration as alternative dispute resolution methods, before resorting to litigation. This approach is designed to save time, reduce costs, and maintain positive relationships between all parties involved.
12. Termination of Agreement
Either party may terminate the property management agreement by providing written notice in accordance with the terms specified in the agreement. Upon termination, the Company will provide a final accounting for the property, return any remaining funds held on behalf of the Client, and transfer all relevant property documents and records.
13. Governing Law
These Terms and Conditions, and any disputes arising from them, will be governed by and construed in accordance with the laws of Queensland, Australia. The parties agree to submit to the exclusive jurisdiction of the courts located in Queensland for the resolution of any disputes.
14. Amendments
Red Gum Property Management reserves the right to amend these Terms and Conditions at any time. Such amendments will be effective immediately upon posting on the Company’s website or upon notification to Clients. Continued use of our services following any such amendments will constitute acceptance of the new terms.
15. Contact Information
For any inquiries, service requests, or complaints, Clients and Tenants are encouraged to contact Red Gum Property Management through the contact details provided on our website or through the contact information listed in our service agreements. Our dedicated team is committed to providing prompt and courteous support.