Holiday Apartment Management

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    I have just recently purchased an apartment in a complexwhich I have engaged the onsite Letting Agent to manage for me.

    The complex is relatively new (3 years old) and has beencertified as Class 3 which allows for short term holiday letting. I have a contractwith the onsite Letting Agent to manage the bookings of my unit and to conductthe associated cleaning and minor repairs to allow this process to happen.

    In return they deduct the expenses and commissions and anyprovide me with the balance amount as income at the end of each month.

    The contract I have with them seems to be very loose butdoes have a clause which indemnifies them for any mishap which may arise fromany unforeseeable event.

    This contract does not make mention that the unit owner mustensure that the unit complies with all the relevant Government regulationsapplying to providing a safe place of residency for the occupants (holidaymakers) including the onsite cleaning and maintenance staff which they manage.

    A situation has just recently arisen where another unitowner mentioned to me that he has just undertaken testing and tagging of hiselectrical appliances and testing of his switchboard circuit breakers to ensurethey operate in accordance with electrical safety regulations.

    When I enquired with the Letting Agent on this, they knewnothing of the Electrical Regulators requirement to do so, and advised me thatit was not up to them to make sure that the units were in compliance prior toaccepting them into their letting pool for them to let out and manage.

    I did point out to the Agent that their cleaning andmaintenance staff did also use the dishwasher and vacuum cleaner in the unit tocarry out their duties.

    I would have thought that it would have been a requirementfor the Letting Agent to have the unit owners provide them with written evidencethat the property complies with all aspects of electrical safety includingother OH&S requirements prior to allowing the property enter into theletting pool for them to manage.

    I don’t see that a contract with an out clause is sufficientenough. Any thoughts ??

 
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