Part Tenancy Transfer (SA) | Help Centre

[Saysa]

Overview

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Last updated: 18 September 2019

Jurisdiction: SA

Additional Resources: Help Card

PEXA now supports the ability to process a Part Tenancy Transfer in SA.

A Part Tenancy Transfer is used where there is a change in tenancy where at least one Proprietor on Title is remaining on title.

The transacting Proprietor on Title (transferor):

• Is in a Tenant in Common or Joint Tenancy ownership, and
• Is transferring their ownership (part or whole) to:
  • An Incoming Proprietor currently not on title, or
  • A Proprietor on Title who is already on title.
  
  Note: If a Proprietor on Title is a acquiring an additional share of the title, you won’t need to re-create them as an incoming party, but they must be represented in the Workspace.

In SA, you can use the Part Tenancy Transfer form to change the manner of holding. However, all Proprietor on Title parties are required to relinquish their full share on Title and added back into the Transfer as a Transferee, if they are to remain on Title.

Supported scenarios in PEXA

The following table lists the full scope of the transaction types that may be lodged electronically in PEXA:

Tenancy on Title	Transferee Tenancy	Scenario
Sole Proprietor	Tenants in Common	Sole Proprietor partially transferring his/her share to other Incoming Proprietors (not all off). Sole Proprietor transferring his/her full share to bring other Incoming Proprietors on title (all off)*.
	Joint Tenants	Sole Proprietor transferring his/her full share to bring other Incoming Proprietors on title (all off)*.
	Joint Tenants within a Tenancy in Common	Sole Proprietor transferring his/her full share to bring other Incoming Proprietors on title as Joint Tenants Inter-se (all off)*.
Tenants in Common	Sole Proprietor	Some of the Proprietors relinquishing their share to a single Proprietor.
	Tenants in Common	One or more Proprietors transferring Part of or their entire share to an existing Proprietor. One or more Proprietors are transferring Part of or their entire share to an Incoming Proprietor.
	Joint Tenants	Proprietors transferring their entire share to an existing Proprietor. Change in manner of holding: All Proprietors coming back on title in a different Tenancy Type.
	Joint Tenants within a Tenancy in Common	Proprietors transferring their entire share to the remaining Proprietors, who then proceed to create a Joint Tenants Inter-se with that share. Proprietors transferring their entire share, then coming back on Title as a Joint Tenants Inter-se with their relinquished shares. Proprietors transferring their entire share, then coming back on Title as a Joint Tenants Inter-se with other Incoming Proprietors with their relinquished shares.
Joint Tenants	Sole Proprietor	Some of the Proprietors transferring their shares to a single Proprietor (not all off). All Proprietors transferring their shares to a single Proprietor (all off)*.
	Tenants in Common	Change in manner of holding: All Proprietors coming back on title in a different Tenancy Type.
	Joint Tenants	One of the Proprietors is giving up their share to the remaining Proprietors (not all off)*.
	Joint Tenants within a Tenancy in Common	Change in manner of holding: All Proprietors coming back on title in their respective Joint Tenants Inter-se groups.
Joint Tenants within a Tenancy in Common	Sole Proprietor	Joint Tenants Inter-se group relinquishing their share to the remaining sole Proprietor on Title.
	Joint Tenants within a Tenancy in Common	One of the Joint Tenants in the Joint Tenants Inter-se is relinquishing their share to the remaining Joint Tenants in the same Joint Tenants Inter-se group.

*: ‘all off’ indicates where all Proprietors on Title are relinquishing their Shares in full, as Transferors in the Part Tenancy Transfer.

Members will be able to lodge an electronic Part Tenancy Transfer if their Transfer transaction type is listed above.

If the type of Part Tenancy Transfer is not listed above, then it cannot be lodged as a Part Tenancy Transfer through PEXA.

Unsupported scenarios in PEXA

The below lists transaction types that are not allowed to be lodge as an electronic Part Tenancy Transfer, is as per the following:

Tenancy on Title	Transferee tenancy	Scenario
Any	Any	The Transferee is in any other Capacity besides Elder, Younger, Younger Minor or Minor.
		Sole Proprietor transferring his/her full share to bring other Incoming Proprietors on title (all off)*.
Tenants in Common	Tenants in Common	Where a Proprietor on Title is not a Transferor but selected as a Transferee with reduced shares. ** Tenancy on Title: Tenants in Common -   A (1/3 Share) B (1/3 Share) C (1/3 Share) New Incoming Proprietor - D Transferor = A (2/6 Share) Transferee = C (1/6 Share), D (3/6 Share) Italicized = B (2/6 Share)*** Transferee Tenancy: Tenants in Common – B (2/6 Share) C (1/6 Share) D (3/6 Share)
Joint Tenants	Tenants in Common	The relinquishing Joint Tenants is Transferring their entire interests to the remaining Joint Tenant in the Transferee Tenancy of ‘Tenants in Common’. The Transferee Tenancy must be a ‘Sole Proprietor’. Tenancy on Title: Joint Tenants -   A, B, C Transferor = A, B Transferee = C (1/2 Share) Italicized = C (1/2 Share)*** Transferee Tenancy: Tenants in Common – C (1/2 Share) C (1/2 Share) This is a Scenario that is not supported to be lodged physically with Land Services SA.
Joint Tenants within a Tenancy in Common	Joint Tenants within a Tenancy in Common	The Joint Tenant remaining on Title is in two separate tenant groups. Tenancy on Title: Tenants in Common A & B (jointly hold 1/2 Share) C & D (jointly hold 1/2 Share) Transferor = A (1/4 Share) Transferee = B (1/4 Share) Italicized = C and D (jointly hold 2/4 Share)***   = B (1/4 Share) Transferee Tenancy: Tenants in Common – B (1/4 Share) B (1/4 Share) C and D (jointly hold 2/4 Share) This is a Scenario that is not supported to be lodged physically with Land Services SA.
Joint Tenants OR Joint Tenants within a Tenancy in Common	Any	A non-transacting Joint Tenant (also known as ‘Italicized’) is selected as a Transferee in the Part Tenancy Transfer. Tenancy on Title: Tenants in Common A & B (jointly hold 1/2 Share) C (1/2 Share) Transferor = C (1/2 Share) Transferee = A (1/2 Share) Italicized = A and B (jointly hold 1/2 Share)*** Transferee Tenancy: Tenants in Common – A (1/2 Share) A and B (jointly hold 1/2 Share) Please Note: This is not currently supported and is expected to be enabled by the end of August.

**: Please note: that you could still lodge this as a Normal Transfer, where you re-create Parties staying on Title as Incoming Proprietors.

***: Italicised text above represent non-transacting parties or residual shares for Proprietors staying on title.

For additional information on the SA Part Tenancy Transfer, please refer to the Part Tenancy Transfer guide here.

(Referencing PEXA LS2-7742, LS2-7458)

Steps

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1. Create a Workspace with the following settings:
   • Jurisdiction: SA
   • Representative Role: Proprietor on Title
   • Financial Settlement required?: Yes
   • Will this transaction involve a Transfer?: Yes
   • Complete the other fields as required.
2. Review the Land Title.
3. Represent the Proprietors on Title in the Workspace:
   1. Select Cog > Edit next to the part you represent.
   2. Under Representation, select I represent this party.
   3. Complete the remaining details for the party and then click Save.
   Repeat step 3 for any other parties that you represent.
4. Add or represent parties acquiring a share of the title (transferees):
   • If a Proprietor on Title is a transferee in this transaction, then represent them:
     1. Select Cog > Edit next to the party you represent.
     2. Select I represent this party.
     3. Complete the remaining details for the party and then click Save.
     4. Continue to edit other parties that you represent.
   • If there is an incoming participant, then do one of the following:
     • If you don't represent the Incoming Proprietor:
       1. Click Invite Participant and invite the representative into the Workspace.
       2. Wait for them to create and represent the Incoming Proprietor.
     • If you represent the Incoming Proprietor, then navigate to Workspace Settings and add the role of Incoming Proprietor:
       1. Select Role Settlings > Edit.
       2. Select Incoming Proprietor and then click Add Role.
       3. Click Save.
       4. Navigate to the Participants screen and select Create Party to represent the Incoming Proprietor.
5. Create a Transfer document:
   1. Navigate to Documents > Create Document > Transfer.
   2. Complete the following fields on the Transfer screen:
      • Part Tenancy Details
        Select Yes to Is a Proprietor on Title staying on the Title?
        
        
      • Transferors
        1. Select the Proprietor on Title who is transferring their share.
        2. Click Add Transferor.
        3. For each Party, enter the share details. You may enter a part or a whole portion of the share in the Share being transferred column.
           Note: If there is a change in the manner of holding, then add all Proprietor on Title parties along with their full share details into the Transferors section.
           
           
      • Transferees
        1. Check the Tenancy Type.
           If there is a change in the manner of holding, then select the appropriate tenancy type from the drop-down list.
        2. Under Party, select the transferee acquiring the share and enter their share details.
           Tip: Existing Proprietors on Title have the words 'Proprietor on Title' appended to their names.
        3. If required, click Add Transferee to define more transferees and their share details.
           Note: Only parties who are represented are selectable in the Party drop-down list.
           
           
      • Transferee Details
        Please ensure that a Future Correspondence Address is added for the Transferee. This is required to progress the Transfer of Interest to a 'Prepared' status.
        
        
      • Consideration Type
        Select a Consideration type and fill in the relevant fields.
        
        
      • Transaction Information
        Complete the Transaction Information.
        
        
        
        
   3. Save the document.
6. Enter Stamp Duty information:
   1. Navigate to the Stamp Duty screen.
   2. Click Enter Duty Information.
   3. Enter your Revenue SA REvnet ID and then click Save.
7. View the documents:
1. Click View for each document.
   • Select View if no changes are required.
   • Select Edit to update any of the details in the document.
8. Sign and lodge the Transfer documents.
   1. Select Cog > Sign associated with the Transfer document.
      • Sign the Transfer and Lodgement Instructions.
      • If you are representing the Proprietor on Title and Incoming Proprietor, you will need to sign the Transfer in both roles.
9. Complete the Financial Settlement:
   1. Navigate to the Settlement screen.
      • Add Destination and Source line items, as applicable.
      • Select Sign > Financial Settlement Schedule.

For Source Funds:

1. Select Cog > Verify Funds.
2. Select Cog > Authorise to authorise the Trust Account payment.
   Note: If you are representing both the Proprietor on Title and Incoming Proprietor, you will need to sign the Financial Settlement Schedule in both roles.

Related Topics

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• Transfer by Third Party (VIC)
• Transfer Help Centre Articles