Does a lease need to be registered in WA?

Does a lease need to be registered in WA?

A lease of less than 3 years cannot be registered, while a lease of between 3 and 5 years may be registered, but this is not compulsory. The Transfer of Land Act 1893 (WA) (“TLA”) provides for the registration of a lease exceeding three years for freehold land.

How do I register a lease in WA?

Registering a lease A lease can be registered at Landgate when the term of the lease (excluding options) exceeds three years. This is done by lodging at Landgate a completed form, attaching an original copy of the lease and paying the relevant registration fee.

Are leases registered with Land Registry?

Leases for more than seven years must be registered with the Land Registry, and it’s usually the tenant’s responsibility to complete that registration. If they fail to do so within two months of completion, it is not a valid legal lease and only takes effect as an agreement for a lease (a contract).

Why would you register a lease?

By registering their lease a tenant gains a registered interest over the title of the property, which they can claim on if necessary. This means that a lease of a term greater than 3 years (including any options to renew) should be registered in order to gain statutory protection and a registered interest on the title.

How does a lease of land in Western Australia work?

A lease by the State of Western Australia as lessor that affects part of a lot must be supported by an Interest Only Deposited Plan, unless the lease is over a portion of a building. The Description of Land panel should identify the portion of land being leased by making reference to the sketch or Interest Only Deposited Plan. For example:

Can a lease of land affect part of a building?

Where the lease affects part of a building, a narrative land description may be acceptable. A lease by the State of Western Australia as lessor that affects part of a lot must be supported by an Interest Only Deposited Plan, unless the lease is over a portion of a building.

Can a Strata company lease crown land in WA?

While it is possible for a Lease of Crown land by the State of Western Australia to be registered over a managed reserve, it is preferred that where a lease is required over a managed reserve, it be created by the management body where they have the power to lease. The strata company may lease part of the common property or sub-lease land leased.

What should be included in a lease of part of a building?

A Lease of part of a building may have a land description defined by sketch, or by words referring to permanent walls. Care should be taken that in referring to parts of a building that any areas outside the building also included in the lease (such as parking or storage areas) are not forgotten.

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