[file = useful searches 8 Apr 10.docx … current at 8 April 2010]
[This information is located on the website of Older Persons Tenants Service under ‘Resources’]
Useful searches
This document is a work-in-progress. It will be expanded over time as the need arises. Any offerings or suggestions on how it may be expanded and improved will be greatly appreciated.
Who is the landlord?
1. Check Page 1 Part 1 of the Residential Tenancy Agreement
However, often the landlord’s address will be care of the real estate agent. Also, note that a landlord is not always the owner of the property. For example, a landlord may head-lease a property to a community housing provider who then sub-lets it to a tenant.
2. Department of Lands (Land and Property Information New South Wales): Street Address Enquiry, Certificate of Title, Transfer
These are the correct searches for obtaining the name of the owner of the property (sometimes referred to as the ‘registered proprietor’). You will not obtain their address from a ‘certificate of title’ search if they live elsewhere to the premises, as in the case of most landlords. (You may be able to trace their address through their solicitor, whose name will appear on the Transfer document. A reliable way of obtaining their address is to do a search with the local government council or Valuer-General (see below).)
Firstly, go to: https://six.lands.nsw.gov.au/wps/portal/lpionline/menu.pl
2.1. Street Address (free search):
1. Go to the menu on the left hand side that has a number of headings. Select ‘Inquiries’. A drop-down menu will appear.
2. Click against 'Street Address' on the left hand side of the web page.
3. Enter details starting with suburb/town … this search will give you the legal description of the land (usually as ‘ folio identifier’) for the property.
2.2. Certificate of title ($11, inc GST, per search) :
1. Go to the menu on the left hand side that has a number of headings. Select ‘Torrens / Old System Searches’. A drop-down menu will appear.
2. Click against 'Title Search' on the left hand side of the web page.
3. Enter the legal description of the land (see my previous email dated today ... this may be obtained using a free search facility). It is:
12/234567
4. Enter credit card details.
5. Enter your own reference, say TAAS.
6. Click 'Submit Request'.
7. Print out copies of the certificate of title and tax invoice.
2.3. Transfer document ($11, inc GST, per search):
1. Go to the menu on the left hand side that has a number of headings. Select ‘Document Image Requests’. A drop-down menu will appear.
2. Click against 'Dealing Image’ on the left hand side of the web page.
3. Enter the Dealing Number (for example for T123456, omit the ‘T’ and enter 123456. (The Dealing Number will be shown on the ‘certificate of title’.)
4. Enter credit card details.
5. Enter your email address
6. Enter your own reference, say TAAS.
7. Click 'Submit Request'.
8. Print out copies of the tax invoice.
9. Check your email for copy of Transfer document.
2.4. Historical search ($11, inc GST, per search):
If you need to locate the person who owned the property prior to the early 1990s, you will need to undertake what are called ‘historical searches’ of old titles (generally called Volume-Folio) and transfer documents. A fee of $13 (inc GST) applies to photocopying each document.
If you wish to obtain information about old ‘Certificate of Titles’ (and dealings and plans shown on a certificate of title), do not do this via the Historical search facility on the Land and Property Information New South Wales website. The information provided from this search is very limited. The result of this search will say ‘See Prior Titles’ and only give the Volume-Folio Number. This is the same information that you will obtain from the Transfer document search outlined in 2.3 above. You will blow $11!
However, these old records now are computerised, but you will need to attend the Land Titles Office (Land and Property Information New South Wales) in Sydney and undertake the search yourself. See box below. (If you are searching an Old Systems title, get advice from some one familiar with these searches. They can be very complex. Bound volumes are found along windey corridors and back alleys in the bowels of the building.)
If you unable to attend the Land Titles Office, you may use the services of an approved information broker who will charge. There is a link to them on the webpage of the ‘Online Shop’. Click ‘approved information brokers’ in the first paragraph of the webpage at:
https://six.lands.nsw.go.au/wps/portal/lpionline/menu.pl
Doing an historical search …
Historical search using known Volume-Folio for the title ($13 inc GST per photocopied search):
1. Go to Land Titles Office (Land and Property Information New South Wales) at 1 Prince Alfred Street, Queens Square, Sydney (behind St Marys Cathedral).
2. On arrival at the main entrance, see person at ‘Reception’ located in the middle of the room sitting at a very insignificant desk. To see this person you have to join a queue on the right hand side of the desk. If you don’t join the queue on the right hand side, this person will ignore you.
3. You tell this person what information you are seeking … in this case, the ‘Certificate of Title ‘ for an old Volume-Folio number. This person gives you a ticket and directs you to ‘Client Services’ along one side of the room.
4. You anxiously wait in the waiting area for your ticket number to appear on the screen. When it finally appears, you proceed to the designated customer service officer.
5. The customer service officer asks you how he or she might assist you. They will advice you to buy a ‘search ticket’ (also called a ‘copy ticket’) from the Cashier. They will tell you where to go in the building in order to undertake the necessary searches. You may be lucky enough to get a lengthy speel about doing searches.
6. You then proceed to ‘Cashier’ on the other side of the room. Wait until your number is called again. It is the same number as shown on the ticket given to you by ‘Reception’ (remember … the person sitting at the insignificant desk when you first entered the building). You pay the search fee of $13. They will only accept cash or credit card. They will hand to you a ‘search ticket’.
7. You complete the three parts of the ‘search ticket’, inserting the Volume-Folio number. You then proceed to the ‘Property Information Delivery Service’ down six stairs into the adjacent building. See the customer service officer at the front desk. Ask him or her to advise you into which ‘Copy Ticket Request Box’ you slip the top two-thirds of the search ticket. Ask them how long will you need to wait for you’re a copy of the ‘Certificate of Title’. It may be up to one hour. You retain the bottom third and note the last two digits of the number shown.
8. After this time, return to this room and go to the ‘Public Copy Collection Boxes’. Check the box with your number. Retrieve the ‘Certificate of Title’ relating to the Volume-Folio.
9. You may need to repeat Steps 7 and 8 for a number of old Volume-Folios … until you have the title current at your required date. You will need to buy additional ‘search tickets’.
2.5. Deed name search:
It may become apparent to you, either through the tenant you are assisting or direct from the landlord (or whom you think is the landlord), that such a person is acting on behalf of the real landlord. There may not be a formalised arrangement put in place for this person to act for the landlord, for example an authority or power of attorney. It is worthwhile making a search to find out if a power of attorney exists and this is a free search.
Again, go to: https://six.lands.nsw.gov.au/wps/portal/lpionline/menu.pl
Then.
1. Go to the menu on the left hand side that has a number of headings. Select ‘Torrens / Old System Searches’. A drop-down menu will appear.
2. Click against 'Deed Name Search' on the left hand side of the web page.
Put in the name of the principal and this will show a deed number if a power of attorney exists for this person. If a power of attorney does exist and it was registered after 1992, you can obtain a copy of the power of attorney from the search option ‘Deed Number Search’ at a cost of $11 (inc GST). Follow the same steps as for a title search. If the power of attorney was registered before 1992, you need to go to the Department of Lands and do a physical search of the volume and folio for the power of attorney. Follow the steps as for an historical search shown above.
3. Local Government Council
Ring Citizen Service Centre (or equivalent, sometimes called Customer Service Centre or Rates Section) and ask for the name and the address to which rate notices are sent for the property. (This usually is the name and mail address of the landlord.) If they state that they cannot give you the information because of privacy, argue that there may be a ‘a serious or imminent threat to the life or health of another person’, as in the case of a lock-out. Refer to Section 18 (1) (c) of the Privacy & Personal Information Protection Act 1998.
You may have to put your request in writing, giving reasons for your request and citing the above legislation. Note that that public sector agencies have discretion when interpreting this section and local government councils differ in how they apply such discretion.
4. Office of the Valuer-General, Department of Lands
This is an alternative to ringing the local government council. Ring Valuation Information at Phone: 0298605200.
Further contact details are: Level 3, 2-10 Wentworth Street Parramatta NSW 2150; PO Box 252 Parramatta 2124; Fax: 02 9891 6653.
Ask for the name and the address to which rate notices are sent for the property. (This usually is the name and mail address of the landlord.) If they state that they cannot give you the information because of privacy, argue that there may be a ‘a serious or imminent threat to the life or health of another person’, as in the case of a lock-out. Refer to Section 18 (1) (c) of the Privacy & Personal Information Protection Act 1998.
You may have to put your request in writing, giving reasons for your request and citing the relevant legislation. Note that public sector agencies have discretion when interpreting this section.
5. Australian Securities and Investment Commission (ASIC)
Details about doing a company search are set out in the Tenants Rights Manual (2007 Edition, p 40).
In Sydney, ASIC is located at:
Level 8, City Centre Tower, 55 Market Street, Sydney NSW 2000
(between Pitt and George Streets, next door to the State Theatre Building)
It is open Monday to Friday 9am to 5pm.
On the 964 search form, tick the boxes against ‘Details of search A’ and ‘Current and historical information’. This costs $20.
If there are a number of company names for the same business, firstly do a business search with Fair Trading to find out the name of the company that operates the business in New South Wales. (See next section.) There is a fee attached to a business search, but it may be less expensive that doing unnecessary searches on a whole raft of companies.
The Tenants Union of NSW will do searches over the Internet for Tenants’ Advice and Advocacy Services.
In all other cases, if you wish to do this search over the Internet, you will need to go through a broker and this will add to the cost of the search.
6. Fair Trading
If your landlord is a business you will need to do a business search so you can approach the principals.
Details about this search are set out in the Tenants Rights Manual (2007 Edition, p 40).
Alternatively, for Business name details, go to:
http://www.fairtrading.nsw.gov.au/About_us/Online_services/Business_name_details_check.html
7. Other NSW Government Agencies
There are other useful searches that may be undertaken with other agencies of the NSW Government. In a case handled by OPTS, the landlord refused to do repairs that placed the older tenant’s health at risk. It was known that the landlord was a local optometrist. In another case, the tenant obtained a builder’s report on cracks appearing in the internal walls of the house. In both instances it was useful to obtain documents showing their credentials. Such searches may be undertaken as follows:
Health professionals: To check if a health professional is registered with the relevant Registration Board, go to:
http://www.health.nsw.gov.au/health_pr/reg.html
Builders: For Home Building Licence searches, go to:
http://www.fairtrading.nsw.gov.au/About_us/Online_services/Home_building_licence_check.html
8. White Pages
If all else fails and the person has a not-all-that-common name, you may locate them after a few telephone calls. Go to: www.whitepages.com.au
9. Google search
Has the owner attracted notoriety (eg politician, wants-to-be-a-politician, developer, wants-to-be-a-developer, ‘well known business identity’, footballer, etc)?