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Simple Property Management Agreement Template for New Zealand

A Property Management Agreement governed by New Zealand law that establishes a professional relationship between a property owner and a property management company or individual manager. The agreement outlines the scope of property management services, including tenant management, maintenance coordination, financial administration, and compliance with New Zealand residential tenancy laws. It specifies the rights, responsibilities, and obligations of both parties while ensuring compliance with relevant New Zealand legislation including the Residential Tenancies Act 1986 and the Property Law Act 2007.

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What is a Simple Property Management Agreement?

The Simple Property Management Agreement is designed for use in New Zealand when a property owner wishes to engage professional property management services. This document establishes the formal relationship between the property owner and the property manager, defining the scope of services, fee structures, and operational procedures. It ensures compliance with New Zealand legislation, including the Residential Tenancies Act 1986, Real Estate Agents Act 2008, and Property Law Act 2007. The agreement is suitable for both residential and commercial properties, covering essential aspects such as tenant management, maintenance coordination, financial reporting, and regulatory compliance. It provides clear guidelines for both parties while maintaining flexibility to accommodate specific property requirements and management preferences.

What sections should be included in a Simple Property Management Agreement?

1. Parties: Identifies and provides full details of the property owner(s) and the property management company

2. Background: Establishes the context of the agreement, including the owner's desire to engage the property manager to manage their property

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Appointment and Term: Formally establishes the property manager's appointment and specifies the duration of the agreement

5. Property Manager's Services: Details the core property management services to be provided, including tenant selection, rent collection, and maintenance coordination

6. Property Manager's Authority: Specifies the scope of the property manager's decision-making authority and spending limits

7. Owner's Obligations: Lists the property owner's responsibilities, including maintaining property insurance and providing necessary documentation

8. Fees and Expenses: Details the management fees, commission structure, and reimbursable expenses

9. Financial Management: Outlines procedures for rent collection, trust account management, and financial reporting

10. Maintenance and Repairs: Establishes processes for routine maintenance, emergency repairs, and spending authorizations

11. Compliance: Addresses legal compliance requirements including health and safety, building regulations, and tenancy laws

12. Termination: Specifies conditions and procedures for ending the agreement by either party

13. Liability and Indemnity: Defines the extent of property manager's liability and indemnification provisions

14. Dispute Resolution: Outlines the process for resolving disputes between parties

What sections are optional to include in a Simple Property Management Agreement?

1. Multiple Properties: Additional terms for managing multiple properties under the same agreement

2. Body Corporate Management: Specific provisions for properties subject to body corporate rules and management

3. Special Features Management: Terms for managing properties with special features like pools, elevators, or extensive gardens

4. Vacation Rental Services: Additional terms for properties used as short-term or vacation rentals

5. Marketing Services: Detailed terms for additional marketing services beyond standard tenant finding

6. Property Development: Terms for managing properties undergoing renovation or development

7. Foreign Owner Provisions: Special terms for overseas property owners including tax requirements

8. Natural Disaster Response: Specific procedures for managing property during natural disasters

What schedules should be included in a Simple Property Management Agreement?

1. Schedule 1: Property Details: Detailed description of the managed property including address, features, and specific management requirements

2. Schedule 2: Fee Schedule: Comprehensive breakdown of all fees, charges, and commission structures

3. Schedule 3: Maintenance Contractor List: Approved contractors and service providers for property maintenance

4. Schedule 4: Owner's Instructions: Specific instructions from the owner regarding property management preferences

5. Schedule 5: Reporting Ƶ: Standard formats for financial and property management reports

6. Appendix A: Property Condition Report: Detailed assessment of property condition at agreement commencement

7. Appendix B: Insurance Certificates: Copies of relevant insurance policies and certificates

8. Appendix C: Property Manager's Certifications: Copies of relevant licenses and professional certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

New Zealand

Publisher

Ƶ

Cost

Free to use

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