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.
- 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
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
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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A Residential Tenancy Agreement protects you, your tenant, and the strata’s interest in the building. Your lease will set out the time period of the lease, assuring the strata that this is not short-stay accommodation. It will also show that you have provided the tenants with a copy of the by-laws that apply to them, and that they have agreed to comply with these terms. Without a lease and bond, they are not tenants, they are your guests, and long-term guests are likely not allowed in your complex. Guests still have to abide by the strata by-laws, and they don’t have to pay you, but you can ask them to leave at any time. They are essentially couch-surfing, and now your strata knows it.
The apartment may be yours, but the building is not. You own an apartment in a complex – You are not solely responsible for the car park, water pipes, sewers, entry, stair-case, lift, or garden. The people who sign the lease are agreeing to pay you, let you enter for inspections, report faults, and maintain your property. They must also follow the strata by-laws just like you are obliged to. They may be prohibited from living in your complex due to parole terms, sex offender status, or domestic violence order conditions. Even if this were a house and no strata company was involved, and the mortgage was completely paid off, you would still need a lease and bond if you want to be paid rent, and if they wanted to register that place as their address.
It’s suspicious that you are withholding this information, because it will be recorded in many other locations. For example, if the complex has secure or designated parking, vehicle identification data will be recorded. Then, once they receive a bond lodgement receipt, your tenants can change their residential address on their driver’s licence, mobile and internet service agreement, police clearance, resume, tax and employment records, electoral enrolment, utilities, insurance, bank accounts, schools register, immunisation record, council pet register, Medicare, Centrelink, child custody agreement, parole, and for other mandatory reporting obligations.
The move-in/move-out form provides notice to the caretaker that new residents will be transporting goods through the common areas and may be using the loading bay, ramp, visitor bays, stair wells/fire escapes. Even without furniture, multiple trips between vehicle and apartment can be avoided with some assistance. Assistance using the lift is less disruptive to residents, faster, safer, and more private than multiple small trips. Tenant information can assist emergency services in cases of bodily injury and during a fire evacuation. Similarly, police may request tenant information during the investigation of suspicious activity, and for the enforcement of restraining or family violence orders.
Identifying new residents makes the strata aware of a variation in access to the building. Clearly identifying the tenants will reveal how many people will be occupying the property and will indicate if existing disability access, security, safety precautions, noise control, parking, waste and laundry facilities are adequate. Increased population density and access impacts security and may impact the building insurance. There may be density restrictions in place. The ratio of tenants to owner-occupiers impacts a property’s value. That so, the strata needs to monitor resident numbers in order to preserve and maintain the building. Being able to identify residents helps prevent trespassing, theft, sub-letting, long-term visitors, Airbnb, and home businesses. The condition of the building and the shared living environment will ultimately impact the rental and re-sale value of your apartment.
thanks for this lease content .
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.
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.