Common use of LETTING THE PROPERTY Clause in Contracts

LETTING THE PROPERTY. 11.1 The Purchaser acknowledges and accepts that before the Property may be let to a Tenant(s), the Estate Manager, acting on behalf of the trustees of the Body Corporate, must grant its written approval. 11.2 Within 14 (FOURTEEN) days of the Purchaser informing the Estate Manager or Managing Agent of the identity(ies) of the Tenant/s, the Purchaser undertakes, at his own expense, to furnish the Estate Manager / Managing Agent with reasonable proof that the Tenant has attained the age of 50 (FIFTY) years. It is therefore agreed that the Primary Occupant is required to be a minimum of 50 (Fifty) years old. Should any of the occupants of the property are under the age of 50 (Fifty) years old then such occupant is required to apply and obtain consent of the Body Corporate. Furthermore, should the primary occupant predecease the secondary occupant/s, then the secondary occupant would need to apply to the Estate Manager / Managing agent for the right to remain on the property, which decision will be binding. Such persons to be considered would be, but not limited to the following: Life Partner, Spouse or Dependant. Furthermore, the Developer shall have the right to decide on whether or not such dependant/s are permitted to reside in the units. Once the Developer has transferred the first unit, the body corporate will be formed and the nominated Trustees will attend to any further decisions regarding dependants under the age of 50(fifty) residing in the units 11.3 Within 14 (fourteen) days of the Purchaser informing the Estate Manager / Managing Agent of the identity(s) of the Tenant/s, the Tenant/s will have to undergo a medical assessment, which will be carried out by the Care Provider in order to determine the level of care required by the Tenant as well as the physical and mental condition of the Tenant/s which costs will be for the account of the Purchaser. 11.4 The Purchaser acknowledges and agrees that, depending on the contents of the Medical assessment, and prior to the Occupation Date, the Estate Manager / Managing Agent may require a face-to-face interview with the Tenant(s) in their sole and absolute discretion, in order to establish the care needs of Tenant(s) and assess the suitability of the proposed Tenant(s) to reside in the Scheme. 11.5 Pursuant to review of the documentation mentioned in clauses 11.2 and 11.3, (and the face-to-face interview if applicable), should the Estate Manager / Managing Agent (the Care Provider) recommend that the Tenant(s) requires a certain level of Care Services, then the written approval to be granted by the Estate Manager / Managing Agent will be conditional upon the Purchaser and/or the Tenant(s) signing up for such recommended Care Services, or signing a waiver form indemnifying the Estate Manager / Managing Agent and the Seller from all liability for personal injury or loss of life to the Purchaser and/or Tenant(s), insofar that it is contended that such injury or death was due to the insufficient or inadequate provision of Care Services to the Purchaser and/or the Tenant(s). Furthermore, the level of care required will be determined by the Care Provider and its recommendations and decisions will be binding. 11.6 In the event that the Purchaser lets his property to a Tenant/s, the Purchaser is obligated to use the standard Managing Agent approved lease agreement, annexed hereto marked Annexure “L”. 11.7 The lease agreement referred to in clause 11.6 above will include a cession of the Purchaser’s scheme related medical benefits to the Tenant/s for the duration of the lease. 11.8 The Purchaser is further obligated to obtain two months rental deposit from the Tenant/s. This deposit will be paid to the Body Corporate and will be invested in an interest-bearing account for the benefit of the Tenant/s until such time as the lease expires. 11.9 The Purchaser remains liable for payment of all levies for the Property for the duration of the lease agreement.

Appears in 3 contracts

Samples: Deed of Sale, Deed of Sale, Deed of Sale

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LETTING THE PROPERTY. 11.1 The Purchaser acknowledges and accepts that before the Property may be let to a Tenant(s), the Estate Manager, Manager acting on behalf of the trustees of the Body Corporate, Corporate must grant its written approval. 11.2 Within 14 (FOURTEEN) days of the Purchaser informing the Estate Manager or Managing Agent of the identity(ies) of the Tenant/s, s the Purchaser undertakes, at his own expense, to furnish the Estate Manager / Managing Agent with reasonable proof that the Tenant has attained the age of 50 (FIFTY) years. It is therefore agreed that the Primary Occupant is required to be a minimum of 50 (Fifty) years old. Should any of the occupants of the property are under the age of 50 (Fifty) years old then such occupant is required to apply and obtain consent of the Body Corporate. Furthermore, should the primary occupant predecease the secondary occupant/s, s then the secondary occupant would need to apply to the Estate Manager / Managing agent for the right to remain on the property, which decision will be binding. Such persons to be considered would be, but not limited to the following: Life Partner, Spouse or Dependant. Furthermore, the Developer shall have the right to decide on whether or not such dependant/s are permitted to reside in the units. Once the Developer has transferred the first unit, the body corporate will be formed and the nominated Trustees will attend to any further decisions regarding dependants under the age of 50(fifty) residing in the units 11.3 Within 14 (fourteen) days of the Purchaser informing the Estate Manager / Managing Agent of the identity(sidentity(ies) of the Tenant/s, the Tenant/s will have to undergo a medical assessment, assessment which will be carried out by the Care Provider in order to determine the level of care required by the Tenant as well as the physical and mental condition of the Tenant/s which costs will be for the account of the Purchaser. 11.4 The Purchaser acknowledges and agrees that, depending on the contents of the Medical assessment, and prior to the Occupation Date, the Estate Manager / Managing Agent may require a face-to-face face‐to‐face interview with the Tenant(s) in their its sole and absolute discretion, in order to establish the care needs of Tenant(s) and assess the suitability of the proposed Tenant(s) to reside in the Scheme. 11.5 Pursuant to review of the documentation mentioned in clauses 11.2 and 11.3, 11.3 (and the face-to-face face‐to‐face interview if applicable), should the Estate Manager / Managing Agent (the Care Provider) recommend that the Tenant(s) requires a certain level of Care Services, then the written approval to be granted by the Estate Manager / Managing Agent will be conditional upon the Purchaser and/or the Tenant(s) signing up for such recommended Care Services, or signing a waiver form indemnifying the Estate Manager / Managing Agent and the Seller from all liability for personal injury or loss of life to the Purchaser and/or Tenant(s), ) insofar that it is contended that such injury or death was due to the insufficient or inadequate provision of Care Services to the Purchaser and/or the Tenant(s). Furthermore, the level of care required will be determined by the Care Provider and its recommendations and decisions will be binding. 11.6 In the event that the Purchaser lets his property to a Tenant/s, the Purchaser is obligated to use the standard Managing Agent approved lease agreement, agreement annexed hereto marked Annexure “L”. 11.7 The lease agreement referred to in clause 11.6 above will include a cession of the Purchaser’s scheme related medical benefits to the Tenant/s for the duration of the lease. 11.8 The Purchaser is further obligated to obtain two months rental deposit from the Tenant/s. This deposit will be paid to the Body Corporate and will be invested in an interest-bearing interest‐bearing account for the benefit of the Tenant/s until such time as the lease expires. 11.9 The Purchaser remains liable for payment of all levies for the Property for the duration of the lease agreement.

Appears in 1 contract

Samples: Deed of Sale

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LETTING THE PROPERTY. 11.1 The Purchaser acknowledges and accepts that before the Property may be let to a Tenant(s), the Estate Manager, acting on behalf of the trustees of the Body Corporate, must grant its written approval. 11.2 Within 14 (FOURTEEN) days of the Purchaser informing the Estate Manager or Managing Agent of the identity(ies) of the Tenant/s, the Purchaser undertakes, at his own expense, to furnish the Estate Manager / Managing Agent with reasonable proof that the Tenant has attained the age of 50 (FIFTY) years. It is therefore agreed that the Primary Occupant is required to be a minimum of 50 (Fifty) years old. Should any of the occupants of the property are under the age of 50 (Fifty) years old then such occupant is required to apply and obtain consent of the Body Corporate. Furthermore, should the primary occupant predecease the secondary occupant/s, then the secondary occupant would need to apply to the Estate Manager / Managing agent for the right to remain on the property, which decision will be binding. Such persons to be considered would be, but not limited to the following: Life Partner, Spouse or Dependant. Furthermore, the Developer shall have the right to decide on whether or not such dependant/s are permitted to reside in the units. Once the Developer has transferred the first unit, the body corporate will be formed and the nominated Trustees will attend to any further decisions regarding dependants under the age of 50(fifty) residing in the units 11.3 Within 14 (fourteen) days of the Purchaser informing the Estate Manager / Managing Agent of the identity(s) of the Tenant/s, the Tenant/s will have to undergo a medical assessment, which will be carried out by the Care Provider in order to determine the level of care required by the Tenant as well as the physical and mental condition of the Tenant/s which costs will be for the account of the Purchaser. 11.4 The Purchaser acknowledges and agrees that, depending on the contents of the Medical assessment, and prior to the Occupation Date, the Estate Manager / Managing Agent may require a face-to-face interview with the Tenant(s) in their sole and absolute discretion, in order to establish the care needs of Tenant(s) and assess the suitability of the proposed Tenant(s) to reside in the Scheme. 11.5 Pursuant to review of the documentation mentioned in clauses 11.2 and 11.3, (and the face-to-face interview if applicable), should the Estate Manager / Managing Agent (the Care Provider) recommend that the Tenant(s) requires a certain level of Care Services, then the written approval to be granted by the Estate Manager / Managing Agent will be conditional upon the Purchaser and/or the Tenant(s) signing up for such recommended Care Services, or signing a waiver form indemnifying the Estate Manager / Managing Agent and the Seller from all liability for personal injury or loss of life to the Purchaser and/or Tenant(s), insofar that it is contended that such injury or death was due to the insufficient or inadequate provision of Care Services to the Purchaser and/or the Tenant(s). Furthermore, the level of care required will be determined by the Care Provider and its recommendations and decisions will be binding. 11.6 In the event that the Purchaser lets his property to a Tenant/s, the Purchaser is obligated to use the standard Managing Agent approved lease agreement, annexed hereto marked Annexure “L”. 11.7 The lease agreement referred to in clause 11.6 above will include a cession of the Purchaser’s scheme related medical benefits to the Tenant/s for the duration of the lease. 11.8 The Purchaser is further obligated to obtain two months rental deposit from the Tenant/s. This deposit will be paid to the Body Corporate and will be invested in an interest-bearing account for the benefit of the Tenant/s until such time as the lease expires. 11.9 The Purchaser remains liable for payment of all levies for the Property for the duration of the lease agreement.duration

Appears in 1 contract

Samples: Deed of Sale

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