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.
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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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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thanks for this lease content .
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.
“[…] 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.
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.