Changes to the NSW Residential Tenancy Act 2010

The new Updated NSW Tenancy Laws came into effect on 31 January 2011

If you’re interested in learning how the recent changes to the Residential Tenancies Act 2010 affect you - take a look at the following overview.

Question: Do the new laws apply to existing tenancies?

Yes. The new laws apply to all residential tenancies in NSW from thedate the laws commence.

Existing leases remain valid and there is no need to replace current agreements with new ones. But, if there are any terms in an existing lease that conflict with the new laws, the new laws will apply.

Click the link To find out the complete updated information on the Changes to the NSW Residential Tenancy Act 2010

Investment Property Management - Rental Property Contracts

Real Estate Management Kit handles your Tenant and Investment Property Transaction with Ease.

Finally... a brand-new legal software exclusively for the Real Estate industry.

If you own a rental property, you know that keeping track of the detail paves the way for smoother and clearer transactions with the tenant and other interested parties.

To manage your property efficiently you need to keep track of events like:-

• changes to lease arrangements
• repair or service calls
• site visits
• breach of lease
• sub tenancy issues to name a few
  
  

It is much easier to handle these issue if you have a system that records what happened and when.

The Real Estate Management Pack does the job. The document templates cover many common property issues.

All you need to so is select the correct document template and fill in the appropriate information.

Each template is easily customised to your needs - you can add name, address, company details or logos so you can professional present your property management documents.

You can then print it or save it on your computer. The documents are a permanent record of every transaction, available to you weeks, months or even years down the track. 

Remember that keeping accurate records provides you with the means to sidestep costly administration, accounting, collection and legal fees. 

It's your first line of defence in bypassing time-consuming and expensive lawsuits. 

Real Estate Forms Included:

• Agreement between tenants in common
• Agreement to close subject to credit
• Apartment service call record
• Application for rent
• Articles of incorporation of townhouse / unit association
• Amendment of lease
• Assignment of contract to sell land
• Auction agreement to auction property
• Bid for the purchase of real estate property [probate]
• Bylaws of townhouse / unit association
• Buyer's notice of termites
• Cancellation of lease
• Certificate of installation
• Commercial property lease
• Consent to sublease
• Consent to variance
• Contract for instalment sale of real estate
• Contract for three-party exchange of real estate
• Contract for professional appraisal services
• Consent to property structural alteration
• Consent to assignment of lease
• Consent to zoning/land use variance
• Driveway easement agreement
• Employment verification
• Exclusive brokerage agreement-listing/sale
• Extension of lease application
• Extension of listing agreement
• General lease agreement
• Landlord's consent to assignment of lease
• Landlord's waiver of claim to fixtures
• Lawn and gardening service agreement
• Lease extension agreement
• Lease of unit in shopping centre [comprehensive]
• Lease [month-to-month]
• Lease agreement--with option to purchase
• Lease agreement of mobile home lot
• Leasing commission agreement
• Lease renewal agreement
• Letter of inclusion of name for additional liability
• License agreement to operate concession
• Management agreement--clause defining sales and rentals
• Mutual cancellation of lease
• Notice of breach of lease
• Notice of change of tenancy terms and conditions
• Notice of defect--building inspection
• Notice of defect in title
• Notice of election to exercise first right of refusal
• Notice of holding over
• Notice of intent to enter premises
• Notice of intent to repossess due to default
• Notice of intention to sue
• Notice of landlord to sell unclaimed property at auction
• Notice of right of recision
• Notice of zoning application
• Notice to deliver up possession of premises
• Notice to pay rent or quit
• Notice to vacate property
• Offer to purchase real estate
• Office building management agreement
• Occupation after closing by seller agreement
• Occupancy agreement-supplement to sale agreement
• Offer to settle
• Open listing real estate agreement
• Option to buy real estate agreement
• Parking lot lease agreement
• Pet agreement [addendum to the rental agreement]
• Personal property sale agreement [with sale of a home]
• Personal property rental agreement
• Proposed structure--encroachment
• Property investment report
• Property rental agreement [generic]
• Purchase bid--secure financing
• Purchase bid--property status
• Purchase bid--personal property
• Quit claim deed
• Real estate brokerage--exchange agreement
• Receipt and key agreement
• Rental personal property agreement [generic]
• Rental agreement [month-to-month]
• Rental property work / repair record
• Request for credit history
• Request for signature
• Residential lease [short form]
• Real estate brokerage agreement--exclusive
• Real estate brokerage agreement--non-exclusive
• Residential Tenancy agreement
• Site visit report
• Statutory declaration
• Sublease agreement
• Sworn statement to insurer for property loss
• Statement for rental of office space
• Termination of lease obligation
• Tenant request for maintenance
• Townhouse / unit deed
• Townhouse / unit purchase agreement
• Waiver of landlord's claim to annexed fixtures
• Water rights deed
• Warranty deed

Read more about premium rent agreements at www.rpemery.com.au

Selling a business?

Here’s a little tip on selling a business.

Selling your business can be a time consuming, expensive and stressful task.

When your financial future hinges on the successful outcome of your negotiations you want to make sure that you have every angle covered.

Common pitfalls of selling your business include:

1. Not protecting your vital business records, information and trade secrets.
2. Deals falling through due to property transfer obstacles.
3. Not having a structured hand over plan.
4. Confusion over assets whether real or intellectual.
5. Confusion or disagreements between existing partners, to name just a few.

RP Emery and Associates have recently released an up-to-date set of “Business Contracts” specific to the needs of the business owner on the move.

By having this comprehensive legal package on hand, you have an affordable alternative to costly closed door law firm consultations
.

Read More Here

Contract For Full Time Employees - Full Time Employment Contract

Full Time Employment Contract

All types of employment contracts, whether they are award based or not have to adhere to the National Employment Standards.

The Full Time Employment Contract available at RPEmery is a detailed document setting out the relationship between the employer and employee.

The agreement with easy-to-follow instructions includes the following-

• Position
• Employment status
• Probationary period
• Relevant award
• National Employment Standards
• Remuneration package
• Hours of work
• Allowances
• Expenses
• Annual Leave
• Personal / Carers leave
• Community Service Leave
• Long Service Leave
• Public Holidays
• Duty to advise of pre existing conditions
• Duties and responsibilities
• Confidentiality
• Restraint
• Termination of employment
• Acts following Termination
• Intellectual property
• Company policies
• Privacy policy
• Other matters
• Signatures

Information and download here

Lease Agreements in Australia

AUSTRALIAN PROPERTY LEASE AGREEMENTS and COMMERCIAL LEASE AGREEMENTS

Here you will find up-to-date Australian Lease Agreements and Commercial Property Lease Agreements to suit the needs of the professional property manager or investor or anybody wishing to rent out property.

Find More information and lease agreement downloads at http://www.rpemery.com.au

Fixed Term Agreements - term employment contracts

Fixed Term Employment Agreements are used for work confined to the duration of a specific task or project. These agreements specify that the employment will be terminated on a particular date or event.

The fixed term agreements define the specific task or project and operates for the specific period of time specified by the parties. The contract must state when the contract begins and ends. The contract will automatically finish without either party needing to terminate it once the agreed end date has been reached.

RPEmery has a Fixed Term Employment Contract available for immediate download. Comes complete with a comprehensive users manual and instructions. It is easy to use and can be used over and over again at no extra cost.

A complete list of available Employment Contracts is available HERE

How and when to use an Indemnity Agreement

How to Use an Indemnity Agreement

An indemnity agreement is an undertaking from one person to another in which financial responsibility is decided.

An indemnity is a security against loss, for example a motor vehicle insurance policy is an indemnity agreement. In the policy document the insurer promises to pay certain costs in the event that the vehicle is involved in an accident or stolen. Thus the financial responsibility for the potential loss is shifted to the insurer.

In effect one party (the indemnitor) is saying to the other party (the indemnitee) I will pay this debt and ensure that you don’t experience hardship as a result of certain events or my failure to do what I promised to do.

More Information at RP Emery and Associates

Casual Employment Agreements in Australia

Distinguishing between casual and permanent employees

Distinguishing between casual and permanent staff can be confusing and there is no definitive legal test. The term ‘casual worker’ is not a precise legal term but more of an expression.


It is estimated that around 26% of the Australian workforce are casual employees. Women and young people as well as those nearing retirement are among the majority classed as 'casual'.
The main reasons that define casual employment:

• No entitlement to overtime, holiday, sick or parental leave;
• Casual loadings in compensation for a lack of entitlements;
• Irregular patterns or rosters;
• Hourly pay rates;
• Irregular hours or less than full-time employees;
• No expectation of ongoing employment; and
• Series of separate contractual engagements.

There are also so-called ‘permanent casuals’ in Australia who have ongoing and stable jobs but are treated legally as casuals. Some casuals are better categorised as ‘permanent casuals’, whose hours or rosters may vary to some degree, subject to demand. The most common definition in awards refers to a casual as ‘engaged and paid as such’.

For a far more detailed explanation on this topic and for an up to date casual contract please visit RP Emery and Associates

Human Resource Management Software

Human Resource Management System makes managing your day-to-day employee relationships easy.

The recently updated and revised Human Resources in the Workplace Documents Software® safeguards your business by providing you with an up-to-date database of HR Letter templates for:-

• processing employees,
• disciplinary action,
• dismissal,
• office personnel and management,
• employee letters,performance evaluation,
• termination,
• retirement
• and employment resolutions.

This means that you can easily and efficiently maintain every employees records without having to spend hours creating each document, form or employee letter.

For a detailed explanation and to get this software please visit http://www.rpemery.com.au/workplace.html

How to use and draft a Shareholders Agreement or Partnership Contract

Information on using Shareholders and Partnership Agreements

When two or more people share an idea, the common focus is firstly on the set up followed by the sales and marketing of the service or product.

Often business owners forget an important stage in ensuring a successful business future – a shareholders or partnership agreement.

Here are answers to some of the more common questions about shareholders agreements.

How To Transfer Your Intellectual Property Rights

Intellectual Property Rights or Deed of Assignment

Use this Deed of Assignment whenever you wish to transfer the ownership of intellectual property from one party to another.

Unlike an Intellectual Property License Agreement, which provides the licensee a right to use, but not to own, certain intellectual property rights.
A Deed of Assignment involves a complete and exclusive sale of the rights, thus giving the assignee complete ownership to exploit the intellectual property rights in whatever way, shape, or form it likes, subject to any limitations listed in the agreement.

For a detailed explanation and to download the agreement please visit RP Emery and Associates

Victoria Retail Leases and the Law

Victoria Retail Lease Agreements and the Law

Many Australian state governments have widened their idea of consumer protection to include small businesses who were working on a far from level playing field, where the owners of large  retail centres had all the advantages and power.

Recent updates offer new protection to tenants, the Government regarding them as the less powerful party in most retail leasing transactions.  As a result, the amendments require greater responsibility and pro-active behaviour from the landlord. (read more)

How to get a Victoria Retail Lease Agreement at a fraction of the usual costs...

To obtain a Retail Lease kit which  is suitable for the occupation of most strip type shops in Victoria simply Click Here

sole trader agreements - contractor contract - independent contractors agreement

Sole Trader Contracts, Service Agreements and Contractors Agreement

Sometimes necessity dictates you may need the services of a contractor or a consultant for a one off project or venture. It may be that your permanent staff either do not have the time or the necessary knowledge needed to complete the task.

When this is the case then using the services of a specialist independent consultant or contractor may be the solution.

When using a contractor its important to have a clear understanding of the services to be provided.

An Independent Sole Trader Contractor Agreement is vital in this situation. You will need one that has been professionally drafted to spell out the exact nature of the arrangement, defining the rights and obligations of the parties. It needs to include strict restraint, confidentiality and intellectual property provisions to bind the contractor while still providing the foundation for a healthy ongoing relationship.

Here is an easy solution.

In just a few minutes you can have everything you need to protect your interests and present a professional image.

simply Click Here

General Employment Contract

From 1 January 2010 there have been several important changes to Australia’s workplace laws that affected all employers and employees in the national workplace relations system. The changes included the introduction of new National Employment Standards (NES), and the commencement of 'modern awards'.

All employment contracts must now cover the National Employment Standards and the only time you can change the nature of an agreement is when you can demonstrate that the employee is actually better off as a result.

For an up to date General Employment Contract that adheres to the new laws then please click here.

If you are looking for an agreement that modifies the application of a modern award or enterprise agreement see the necessary flexible type agreement by clicking here.

HOW TO DRAFT PARTNERSHIP AGREEMENTS CONTRACTS AND FORMS

How to form a partnership, and draft partnership agreements.

When you are looking to start a business or venture with friends or family you should consider forming a legal business partnership.vEven when you are dealing with family or friends it is not a step to be taken lightly. A partnership is a legal business entity and when you want to form this business entity you will need to create a Partnership Agreement. This agreement will define the nature of the arrangement and leave no one unsure of the business relationship.This is the information you need to know before you begin:

• HOW DO I FORM A PARTNERSHIP?
  
  READ MORE

Individual Flexible Employment Contracts

Individual Flexibility Employment Contract 

(Flexible Employment Agreement)

Since 2010 there have several important changes in Australia’s workplace laws that affect all employers and employees in the national workplace relations system. The changes include the introduction of new National Employment Standards (NES), and the beginning of 'modern awards'.

All employment contracts, whether they are based on an award or not, must now cover National Employment Standards. However you can modify an agreement provided you can show the employee is better off as a result. For an employment contract that has this flexibility and to read more please click here

Superannuation agreements during separation - family law

Superannuation Agreements and Family Law

Superannuation is becoming increasingly more important as a part of family wealth in Australia and that importance is likely to increase due to the Federal Government's policy of pushing self-supporting retirees through the use of compulsory superannuation.

This article gives information on the treatment of superannuation under the Family Law Act 1975. This information is for any member of a superannuation scheme who is in the process of: divorcing or separating from a marriage; separating from a de facto relationship; or intends to enter into a superannuation agreement with a person.

For More Information Please Read More Here

How To Start A Business With Multiple Owners

Starting a Business with Multiple Owners as Partners or Shareholders

Starting a business with more than one owner is fairly common. If you are not careful, however, it could lead to some problems down the line. 

A business is really just an idea when you get down to the fundamentals of it. While almost everyone wants to make money, businesses are usually started because somebody has an idea. More accurately, it is often because two or more people come up with something they think people will be interested in.

While the collaboration and effort is great for thinking out an idea, potential problems and so on, it could ultimately lead to disaster. Ironically, this is particularly true if the business is a successful one. The problem? Power Sharing... 

read more at  RP Emery and Associates

WA Western Australia Retail Leasing Guidelines and Agreements

Western Australia Retail Leases

If you are just starting a business you may also want to refer to THIS article, on starting a business with multiple owners.

Recent changes to the Commercial Tenancy (Retail Shops) Agreement Act 1985 in Western Australia are clearly offering more protection to tenants. The Government now regard them as the less powerful party in most retail leasing transactions. Due to this the amendments require greater responsibility and pro-active behaviour from the Landlords. 

The Commercial Tenancy (Retail Shops) Agreement Act 1985 controls retail and other commercial tenancies. The principal focus is on the need for transparent of information and fairness in the contract by:

Read More

How To Transfer or Assign a Retail Lease To Someone Else

ASSIGNMENT OF RETAIL LEASE AGREEMENT

How to assign or transfer a retail lease.

If you are the tenant under a retail lease and come to the point where you no longer wish to use the property, what are your options? Unfortunately you are still obligated to honour your commitment under the terms of the lease, meaning you must continue to pay the rent and maintain the property while your name remains as the lessee.

One way of removing your name from that lease is to transfer the lease to another person or ‘party’. This is called an ‘assignment of retail lease’ and can be done using a simple written contract, known as an ‘assignment of retail lease agreement’. A transfer of retail lease, or, retail lease assignment is a simple contract entered between you (the lessee and assignor) and another party (the assignee), whereby they accept responsibility for all of your lease obligations beyond the date specified in the lease terms. To put it simply, it’s a way to get someone else to take your place in the lease, with the new party assuming all the responsibilities under the original lease. It is the only way to change the name of the original lessee on the rental agreement.

Subletting the rented premises may be an option. Assigning a retail lease is similar to subletting the premises with one major difference. When you sublet all or part of the premises to another person you are still obliged to honour your obligations to the property owner under the lease contract. Under an Assignment of lease agreement, the new tenant agrees to assume all those rights and obligations on your behalf and indemnifies you against any further obligation to the Landlord.

There are no rules stating when you can assign a retail lease so you can feasibly use a retail lease assignment agreement whenever you are leasing retail property. Although you will have to first get permission from the landlord (lessor) before entering into this agreement.

When Requesting the landlord’s ‘consent to assignment’ there are certain rules may vary slightly from state to state but the basics are:

• A request for the landlord’s/lessor’s consent to an assignment of the lease must be made in writing

• The lessee must provide the lessor with such information as the lessor may reasonably require concerning the financial standing and business experience of the proposed assignee.

• Before requesting the consent of the lessor to a proposed assignment of the lease, the lessee must supply the proposed assignee with a copy of any disclosure statement given to the lessee in respect of the lease, together with details of any changes that have occurred in respect of the information contained in that disclosure statement since it was given to the lessee (including any changes made since the rental term started).

• The tenant must provide the landlord with such information as the landlord reasonably requires about the financial resources and business experience of the proposed assignee.

The landlord has the right to withhold consent under certain circumstances.

• The proposed assignee proposes to use the retail premises in a way that is not permitted under the lease;

• The landlord considers that the proposed assignee does not have sufficient financial resources or business experience to meet the obligations under the lease;

• The proposed assignor has not complied with reasonable assignment provisions of the lease;

• The assignment is in connection with a lease of retail premises that will continue to be used for the carrying on of an ongoing business and the proposed assignor has not provided the proposed assignee with business records for the previous 3 years or such shorter period as the proposed assignor has carried on business at the retail premises.

Before you start any of these proceedings you will need to know the terms of the original lease, including the length of the lease, any legal regulations regarding retail assignment and the new terms. As with any business agreement, to ensure there are no misunderstandings, you are best advised to have your assignment of retail lease agreement in writing.

The agreement should refer to the terms of the original lease, as well as state what each party will or will not be responsible for under the terms of the assignment. You’ll also want to make sure each party reads the assignment, completely understands their obligations and then signs it. Assigning retail leases to other people can be a very effective tool in the right situation.

Whether you want to relocate your business, travel the world, or simply don’t want the responsibility under the lease any longer, you can use retail lease assignments to your benefit. A well-crafted Assignment of Retail Lease Agreement

will spell out the duties and responsibilities of each party and shield you from potential liability. For More Information Click Here