38 | MEMBER SERVICES UPDATE
SSAA updates Australia Introduction to our new Core Agreements and revised [MAP/ Manual of Advice and Procedures] by Nick Miller and Nicole Butler, Hunt & Hunt Lawyers
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n the first quarter of 2020 the SSAA will be launching updates to the Core Agreements and [MAP/ Manual of Advice and Procedures] used by facilities in their day-to-day business activities. The revised Core Agreements have been simplified and are now more user-friendly. Not only is the content of the Core Agreements consistent (save for tailored clauses, where necessary) but the layout of the documents is now standardised so that the suite has a distinct ‘look and feel’.
THE NEW CORE AGREEMENTS There are now 6 Core Agreements, being: The Storage Agreements Standard Self Storage Agreement (also commonly known as ‘Standard Agreement’) – this is the most common type of self storage agreement. The storer places their goods into their space and is the only person who has the key. Managed Self Storage Agreement (also commonly known as ‘Managed Agreement’) – this is intended to be used where the facility maintains a key to the storer’s space. Managed storage
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carries a higher commercial risk and the contract reflects this different legal relationship. Mobile Self Storage Agreement (also commonly known as ‘Mobile Agreement’) – this is for use where a facility offers mobile, locked trailer or ‘pod’ style storage. Any form of storage unit that can be delivered to the storer, packed by the storer, and then taken back to a facility or where the unit remains with the storer, is covered by this Mobile Storage Agreement. The Mobile Storage Agreement does not cover mobile storage units that are packed by the facility. Storage Room Agreement – this is for use when a storer requires items to be delivered to or collected from the facility. The agreement can’t be entered into unless there is already a Standard Agreement in place between the facility and the storer. The Hire Agreements Vehicle Hire Agreement – this enables the facility to hire out rental vehicles (such as moving vans and trucks) to hirers. Trailer Hire Agreement – this enables the facility to hire out trailers to hirers.
THE NEW [MAP/MANUAL OF ADVICE AND PROCEDURES] The [MAP/Manual of Advice and Procedures] content has been extended to incorporate guidance on all 6 Core Agreements (previous versions of the [MAP/Manual of Advice and Procedures] did not include guidance on the Mobile Agreement, or the Hire Agreements). Updates have been made to key interest areas such as the chapters relating to deceased estates, bankruptcy and insolvency, and the default process. Going forward, it is planned to update the [MAP/ Manual of Advice and Procedures] on a quarterly basis to reflect issues encountered by members.
CORE AGREEMENT UPDATES Each of the Core Agreements now include the following features: A standardised 42-day default period – previously this was as lengthy as 6 months! Now, all agreements have the same 42-day default period (being the period for which Storage Fees are overdue before a facility can commence the default process).
www.selfstorage.org.au
