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You are here: Home / Renting / Selling / Buying Strata Property / Renting / Selling / Buying Strata Property WA / WA: Q&A Can Strata Demand a Copy of My Tenancy Lease?

WA: Q&A Can Strata Demand a Copy of My Tenancy Lease?

Published August 4, 2020 By Brian Rulyancich, StrataTAC 4 Comments Last Updated October 13, 2020

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This Q&A from a WA Lot Owner about what information Landlords need to provide to their strata has been answered by Brian Rulyancich, StrataTAC.

Jump directly to the QUESTION you are after:

  • QUESTION: Can strata amend the Move In/Move Out form to request tenants’ personal details such as mobile numbers.
  • QUESTION: Can strata demand to sight a lot owner’s lease? Our apartment by-laws state that only the name and duration of the tenancy is required.

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Question: Can strata amend the Move In/Move Out form to request tenants’ personal details such as mobile numbers.

Can strata amend the Move In/Move Out form to request tenants’ personal details such as mobile numbers etc. Also, posted in the lift there is a notice stating that whether you are moving furniture or not you have to fill in the Move In/Move Out form. 

The Move in/Move Out form is intended to be used for the building manager to isolate a lift. Why do strata require this personal information and can they legally request this?

Answer: The strata company has the right to amend any operational forms that they have to assist in the efficient management of their strata.

The strata company has the right to amend any operational forms that they have to assist in the efficient management of their strata as it affects all occupiers either owners or tenants, provided they do conflict with the act or regulations.

Completing the Move in/Move Out form will also assist the strata company to meet their obligations under section 105 of the Strata Titles Act relating to the Roll to be kept by the strata company.

This post appears in Strata News #412

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Question: Can strata demand to sight a lot owner’s lease? Our apartment by-laws state that only the name and duration of the tenancy is required.

Can strata demand to sight a lot owner’s lease? Our apartment by-laws state that only the name and duration of the tenancy is required. 

There has been no noise or unruly behaviour from my tenants and this is confidential and private information related to my lot. The information is between the tenant and myself.

Answer: The owner is correct, the content of the lease is a matter between the owner and their tenant.

The owner is correct, the content of the lease is a matter between the owner and their tenant. The strata company is not a party to the lease, therefore, is not entitled to the terms and conditions within the lease.

Under section 105 of the Strata Titles Act – Roll to be kept by strata company, subsection (4) (e) states:

The particulars to be entered in the roll are –The name and address for service of any lessee or tenant of a lot notified to the strata company.

Name and address are all that the strata company requires and is entitles to.

In relation to a tenant and any breach of any by-laws by that tenant, the strata company would in the first instant ensure that the owner takes the necessary action to instruct their tenant to conform to the by-laws.

Brian Rulyancich
StrataTAC
T: 0428 970 067
E: [email protected]

This post appears in Strata News #385

Have a question about what information Landlords need to provide to their strata or something to add to the article? Leave a comment below.

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Read next:

  • WA: Q&A Living Next Door to Tenants with Barking Dogs
  • WA Strata disputes: Who pays for the State Administrative Tribunal process?

Still after more information about WA inventory of assets or even more general articles about strata in WA? Visit our Renting / Selling / Buying Strata Property OR Strata Information WA

Looking for strata information concerning your state? For state-specific strata information, take a look here.

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Comments

  1. Avatarj smith says

    August 17, 2020 at 12:21 am

    thanks for this lease content .

    Reply
  2. AvatarAngela Hargreaves says

    August 5, 2020 at 4:13 pm

    Strata requested that REIWA leases had to be provided and this was minuted in their monthly Council of Owner meetings. which strata forwarded to me. I have a fully furnished apartment and strata have also asked me why my tenants do not fill out the Move In/Move Out form. I mentioned that the apartment is fully furnished and tenants do not need to move any furniture so the lift does not need to be isolated.

    Reply
  3. AvatarAllan says

    August 5, 2020 at 12:01 pm

    “[…] Can Strata Demand a Copy of My Tenancy Lease? […]”

    It all depends upon how one interprets the meaning of the word “Demand”, with one interpretation being but: ‘To *ask* for with authority’. Many things are ‘asked for’ (demanded) by authoritative bodies but aren’t always provided, not even when these demands are made with ‘menaces’, and if a strata company persists in making a demand to sight a private document then it could be seen as being an ‘annoyance’. A wise move would be to *demand* (ask) that the strata company provide in writing the reason for it making a demand to sight a lot owner’s lease, demands which it likely may dictatorially have made many times before and been surreptitiously successful each time because lot owners simply weren’t aware that they had no obligation to comply with such arrant annoyances.

    Reply
    • AvatarAngela Hargreaves says

      August 5, 2020 at 6:07 pm

      I have written a formal letter request to the Council of Owners and Strata asking why they need this information and they do not respond and continue to make the same requests to sight a lease.

      Reply

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