1. Applicant’s Warranty
The Applicant warrants:
(1) The details provided are true and correct
(2) They are note bankrupt or insolvent
2. Applicant Agrees
The Applicant agrees:
(1) They have inspected the premises in Item (1) and accept its
(2) Where the Applicant has been given a Form 18a General Tenancy Agreement (including Standard and any Special Terms) in accordance with section 58 of Accommodation Act 2008, then:
1) on acceptance of this Application for Tenancy by the Landlord being notified to the Applicant, verbally or in writing, the Applicant will rent the Premises from the Landlord in accordance with the terms and conditions of the Form 18a General Tenancy Agreement provided inaccordance with Clause 2(2).
2) upon the signing of the Tenancy Agreement, to pay the Bond AndRent amounts in Item (1) in an approved way as more particularly set out in the Tenancy Agreement.
3) the Applicant will forthwith upon receipt of same, sign the Completed Tenancy Agreement.
4) this Tenancy Application, unless accepted, creates no contractual or legal obligations between the parties. (3) the Landlord/Agent are not required to give an explanation to the Applicant for any Application not approved.
3. Holding Deposit
Note: Clauses contained under the heading ‘Holding Deposit’ shall only apply where Holding Deposit details have been completed in
Item (1) of the item Schedule
3.1 If the Applicant has paid to the Agent a Holding Deposit, such Holding Deposit, if the Applicant is successful and a Tenancy Agreement is entered into, will be applied in full or part payment of the Rental Bond and any remainder applied towards the Rent for the Tenancy Agreement.
3.2 Should the Application for Tenancy be successful and the Applicant fails to, within the holding Deposit Acceptance Period: (a) accept the offer of tenancy; or (b) otherwise notify the Landlord/Agent of their intentions not to proceed with the tenancy; or (c) having notified of their intention to accept the tenancy, not taken all necessary and reasonable steps to enter into a Tenancy Agreement then any Holding Deposit paid by the Applicant will be forfeited to the Landlord.
3.3 Should the Application for Tenancy Not be accepted, the Holding Deposit will be refunded in full to the Applicant.
3.4 The Applicant acknowledges the Landlord/Agent will not accept a Holding Deposit from another prospective tenant until the expiration of the Holding Deposit Acceptance Period (item1) which unless otherwise specified shall be 48 hours from the giving of a receipt.
5. Privacy Statement
4.3 You as the Applicant agree, to further assess your Application, the Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect use and disclose such information to: (1) the Landlord as Owner of the Premises to which this Application for Tenancy applies; &/or (2) residential tenancy databases for the purpose of confirming details in your Application and enabling a proper assessment of the risk in providing you with the lease; &/or (3) tradespeople and similar contractors engaged by the Landlord/Agent in order to facilitate the carrying out of works with respect to the Premises; &/or (4) previous managing agents and nominated Referees to confirm information provided by you; &/or (5) the Landlord’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Agent relating to the administration of the Premises and use of the Agent’s services; &/or (6) the utility connection provider, where you have opted for such a service in item (6), for the purpose of enabling the connection and/or disconnection of your utility services; &/or (7) Body Corporates
4.4 Without provision of certain information the Agent may not be able to act effectively or at all on the Landlord’s behalf as a result of which your Application may not be acceptable to the Landlord.
4.5 The Applicant has the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.
4. Provision of Documents
The parties agree to the delivery and service of documents or other communication via electronic means including SMS text messaging, emailing or other forms of electronic communication where such information has been provided by a party in the item Schedule.