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

Tenancy Lease

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.

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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

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: strata@stratatac.com.au

This post appears in Strata News #385

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