Western Australian Current Regulations Western Australian Current Regulations[r. 61, 62, 63]
This strata
lease applies to the following lots in leasehold scheme number [ insert
relevant leasehold scheme number ] —
[ insert relevant lot
numbers ]
Note for this clause:
The leasehold scheme
number and the lots to which the strata lease applies should be inserted in
clause 1. Under the Strata Titles (General) Regulations 2019 , the
strata lease is taken to be a separate strata lease for each of those lots.
In this strata
lease —
Act means the Strata Titles Act 1985 ;
leasehold scheme means the leasehold scheme
described in clause 1;
lessee means the owner (as defined in
section 3(1) of the Act) for the time being of the lot;
lessor means the owner (as defined in
section 3(1) of the Act) for the time being of the leasehold scheme;
lot means a lot to which this strata lease applies
(as specified in clause 1).
The lessor leases the
lot to the lessee for the term of this strata lease.
This strata lease
—
(a)
commences when the lot is created on the registration of the leasehold scheme
or an amendment of the leasehold scheme; and
(b)
expires on the expiry day for the leasehold scheme as set out in the scheme
notice registered for the scheme as a scheme document.
5 . Covenants or conditions of strata lease
(1) This lease is
subject to the covenants or conditions set out in Division 2, which forms
part of this lease.
(2) If there is any
inconsistency between the covenants or conditions set out in this strata
lease, and the covenants or conditions that are allowed to be contained in
this lease under section 52(1)(a) of the Act, the covenants or conditions
that are allowed to be contained in this lease under section 52(1)(a) of
the Act prevail to the extent of the inconsistency.
6 . Special provision for conditional tenure land
(1) If the
Land Administration Act 1997 section 75(3B) applies to the leasehold
scheme, this strata lease is also subject to the condition referred to in
section 75(3B)(b) of that Act.
(2) This clause is a
fundamental covenant or condition.
7 . Services of notices under strata lease
(1) Notices required
to be served on the lessor under this strata lease must be served in
accordance with section 216(3) of the Act.
(2) Notices required
to be served on the lessee under this strata lease must be served in
accordance with section 216(4) of the Act.
Division 2 — Covenants or conditions
8 . Term used: designated event
In this
Division —
designated event , in relation to the strata
lease, means the occurrence of one of the following events (whichever occurs
first) —
(a) the
leasehold scheme expires;
(b) the
leasehold scheme is terminated;
(c) the
lessee surrenders the lot to the lessor;
(d) the
lessor is entitled to re‑enter the lot under
section 40(4)(a)(ii)(III) of the Act;
(e) the
lessor is authorised to re‑enter the lot by order of the State
Administrative Tribunal under section 54(3)(d) of the Act.
9 . Compliance with legislation
(1) The lessor must
comply with the Act.
(2) The lessee must
comply with the Act.
(3) Subclause (2)
is a fundamental covenant or condition.
10 . Compliance with scheme by‑laws
Both the lessor and
the lessee must comply with the scheme by‑laws for the leasehold scheme.
11 . Requirement to maintain lot
(1) The lessee must
maintain and repair the lot and keep it in a state of good condition.
(2) Reasonable wear
and tear, and damage by fire, storm, tempest or act of God are excepted.
12 . Requirement to notify lessor of structural
damage
The lessee must serve
notice on the lessor of any structural damage to the lot within 30 days
of becoming aware of the damage.
13 . Payment of rates and charges
(1) In this
clause —
government charge means —
(a) a
rate or service charge under the Local Government Act 1995 ; or
(b) any
other tax, rate or charge imposed by a written law that —
(i)
under a written law, is a charge on the lot; or
(ii)
under a written law, is recoverable from the owner of
land for the time being if land is transferred;
utility charge means a rate or charge for a
utility service that, under a written law, is a charge on the lot.
(2) The lessee must
ensure that —
(a) any
government charge payable in respect of the lot is paid; and
(b) any
utility charge payable for services provided to the lot is paid; and
(c) any
government charge or utility charge the payment of which has been deferred or
which is outstanding is paid before or immediately after a designated event
occurs.
(3) Any accrued
interest on a government charge or utility charge forms part of the charge and
must also be paid.
14 . Discharge of mortgages and removal of caveats
The lessee must ensure
that —
(a) any
mortgage of the lot is discharged before or immediately after a designated
event occurs; and
(b) any
caveat lodged against the lot is removed before or immediately after a
designated event occurs.
15 . Change in ownership details
If the lot is
transferred, the lessee must serve notice in writing on the lessor of the
following within 14 days after the transfer occurs —
(a) the
name of the lessee;
(b) the
address for service of the lessee.
16 . Lease by lessee must be consistent with
strata lease
(1) The lessee must
ensure that any lease of the lot is not inconsistent with this strata lease.
(2) If this strata
lease is amended, the lessee must ensure that any lease of the lot is amended
to the extent necessary to ensure that it is not inconsistent with this strata
lease.
(1) The lessor may
enter the lot to inspect the lot only —
(a) with
the consent of the lessee; or
(b) if
the lessee does not consent, under the authority of an order of the State
Administrative Tribunal that authorises the lessor to enter the lot to inspect
the lot.
(2) The lessor may
apply for an order referred to in subclause (1)(b) only if —
(a) the
lessor has evidence that the lessee has failed to maintain and repair the lot
and keep it in a state of good condition, or failed to notify the lessor of
structural damage to the lot, as required by this strata lease; and
(b) the
inspection is necessary to ascertain the state of repair of the lot.
18 . Lessee to deliver vacant possession when
leasehold scheme expires
The lessee must
deliver vacant possession of the lot to the lessor when the leasehold scheme
expires or if it is terminated.