1. Background
Tenants can expect Homes NSW to comply with the rights and obligations of a landlord under the Residential Tenancies Act 2010. Homes NSW expects tenants to comply with the terms of their tenancy agreement.
The intent of this policy is to explain how a tenant or Homes NSW can end a tenancy. The Tenancy policy supplement provides further information to support this document.
2. Scope
This policy applies to all tenancies managed by Homes NSW, including Aboriginal Housing Office tenancies.
3. Policy statement
Homes NSW will end tenancies in accordance with:
- Residential Tenancies Act 2010and Regulations
- Uncollected Goods Act 1995
- The terms of the Residential Tenancy Agreement
- Homes NSW policies
Both the tenant and Homes NSW have rights and obligations under the above Acts, the Residential Tenancy Agreement and Homes NSW policies
Reasons for ending a tenancy
A tenancy may be ended for several reasons, including:
- the tenant provides notice that they are vacating the property and provides vacant possession (i.e. the tenant and all household members have moved out of the property and taken their belongings with them). This includes situations where:
- Homes NSW relocates or transfers a tenant
- a tenant mutually exchanges a property with another tenant
- a tenant moves into private rental accommodation.
- the tenancy has been relinquished or an Order of Termination and Possession of the premises has been obtained, and a provisional lease for recognition as a tenant will be granted
- the tenant receives a final Apprehended Violence Order prohibiting them from access to a Homes NSW premises
- the tenant or a child who is dependent on support from the tenant is in circumstances of domestic and family violence
- the tenant abandons the property
- the tenant has passed away and Homes NSW has obtained vacant possession
- Homes NSW asks the tenant to vacate the property. This may occur where:
- the tenant has entered a nursing home, rehabilitation program or prison. For more information see Tenancy Policy Supplement - During a tenancy – Being away from the property
- the tenant has breached their tenancy agreement and Homes NSW has obtained an Order of Termination and Possession of the premises
- a three or six month fixed term or a provisional lease has ended, for more information see the Types and Length of Lease policy
- the tenant is no longer eligible to live in social housing following a review of a two, five or ten year lease
- the tenant is on a continuous lease and they or their partner/spouse own a property that they could live in or sell
- the tenant rejects a final offer of alternative social housing. Including relocating tenants for management purposes. For more information, go to Relocations for portfolio management purposes and Relocations for tenancy management purposes sections in the Tenancy policy supplement.
A tenant’s obligations when they end their tenancy
Tenants may end a fixed term lease before it is due to end if they give Homes NSW sufficient notice. The only exception is where a tenant may end their tenancy immediately, and without notice, if they or their child is in circumstances of domestic and family violence.
For all other situations, the tenant must give Homes NSW the following notice:
- 14 days notice for a fixed-term lease, or
- 21 days for a continuous lease.
The tenant must give written notice of their intention to vacate, specifying the date they want the tenancy to end and allowing for the correct number of days for giving notice.
Homes NSW will always agree to end a lease early if a tenant wishes to move out before the end of their fixed term. If the amount of notice given is insufficient, go to Dealing with the tenancy accounts at the end of a tenancy.
The tenant must remove all of their belongings and any rubbish from the property and leave the property in a clean and tidy condition that is as near as possible to the condition it was in at the beginning of the tenancy, apart from fair wear and tear. ‘Fair wear and tear’ means deterioration over time as a result of reasonable use and the action of natural elements, even though the property receives reasonable care and maintenance.
Homes NSW will manage any goods, personal documents and/or motor vehicles left at the property in accordance with the Uncollected Goods Act 1995.
Tenants are responsible for locking the property and returning all the keys given to them at the start of the tenancy to Homes NSW.
When Homes NSW ends the tenancy
Homes NSW will issue a Notice of Termination when it decides to recover a property because:
- the tenant has entered a nursing home, rehabilitation program or prison. For more information see Tenancy Policy Supplement - During a tenancy – Being away from the property
- the tenant has breached their tenancy agreement
- a three or six month fixed term or a provisional lease has ended
- the tenant is no longer eligible to live in social housing following a review of a two, five or ten year lease
- other household members may be eligible for a provisional lease or recognition as a tenant, and the tenancy has not been relinquished
- a provisional lease or recognition as a tenant has not been granted to other household members and they are required to vacate
- the tenant has rejected a final offer of alternative social housing
- the sole tenant has passed away
- Homes NSW requires the property for management purposes, and all offers of suitable alternative accommodation have been rejected.
Homes NSW will give tenants:
- notice in writing
- notice in the required time period, as stated in the Residential Tenancies Act 2010
- the reasons for ending the agreement
- a reasonable opportunity to be present at the final property inspection.
If the tenant does not move out, Homes NSW will seek an Order for Termination and Possession from the NSW Civil and Administrative Tribunal (NCAT). This order compels the tenant to move out and sets a date for the tenant to vacate the property or for Homes NSW to take possession of the property. However, Homes NSW will ensure that any such action will not place children at risk.
Tenants in prison for more than six months are asked to relinquish their tenancy. On release, the tenant can apply for tenancy reinstatement. For more information see Transfer policy.
Inspecting the property when a tenancy ends
Close to the time the tenant will be vacating, Homes NSW will try to arrange an inspection of the property with the tenant. During this inspection, Homes NSW will complete the original Condition Report - Schedule 2 by comparing the current condition of the property with its condition at the start of the tenancy. If there is any damage to the property beyond fair wear and tear Homes NSW will advise the tenant of any costs that they may have to pay to repair the damage. Tenants or joint tenants who are not the perpetrator of a domestic and family violence offence are not responsible for the cost of repairs where damage was caused during the domestic and family violence offence. Homes NSW will also advise the tenant whether a bond will be applicable if they return to public housing. For more information about bonds, refer to the Ministerial Guidelines Rental Bonds 2018 and the Rental Bonds policy.
Homes NSW will also consider the value of any improvements the tenant has made and may reimburse the tenant for them if they have been approved by Homes NSW. For more information, see the Alterations to a home policy.
Homes NSW will carry out another inspection after the tenant has left. Homes NSW will tell the tenant when this is happening so that they can attend the inspection if they wish. Homes NSW will document any damage beyond fair wear and tear. The tenant must pay the costs to repair any damage beyond fair wear and tear.
If the tenant does not take the opportunity to attend the inspection, Homes NSW will complete the Condition Report - Schedule 2 in the tenant’s absence.
Abandoned properties and goods
Managing an abandoned property
Homes NSW will consider that a tenant has abandoned a property only if it is clear that the tenant is not living there. Homes NSW usually finds out that a tenant has abandoned their property through:
- neighbours advising Homes NSW that no one is living there
- the tenant not maintaining the property
- the tenant not paying rent
- the tenant making a claim of a rental bond through NSW Fair Trading.
If Homes NSW suspects a tenant has left their property without giving notice, it will inspect the property and make enquiries to find out if the tenant has abandoned it. If Homes NSW is reasonably sure the tenant has abandoned the property, it will start action to take possession of the property under Section 106 of the Residential Tenancies Act 2010so that it can make the property available for another client. Homes NSW has the right to seek compensation at the NSW Civil and Administrative Tribunal for loss of rental income and property damage and claim the rental bond where one exists. However Homes NSW cannot seek compensation at the NSW Civil and Administrative Tribunal from a tenant who ends their tenancy in circumstances of domestic and family violence where they were not the perpetrator of the domestic and family violence offence and they submit evidence of this offence.
Dealing with goods left on the property
If goods of the tenant or an occupant of the property remain in the premises two working days after the tenant has moved out, or when a property is abandoned, Homes NSW will start action to remove, store or dispose of any uncollected goods, personal documents and/or motor vehicles left in the property, in accordance with the Uncollected Goods Act 1995.
An officer from Homes NSW and a witness (where possible) will inspect the property. The inspection will include:
- removal and disposal of any perishable goods including foodstuffs and rubbish; and
- making a detailed list of the goods left in the property and the condition of those goods; and
- taking photographs of the goods, particularly if they are of high value.
Values of uncollected goods
The values of uncollected goods are categorised as follows, goods:
- of less than $1,000 are categorised as low value goods
- equal to or more than $1,000 and less than $20,000 are categorised as medium value goods
- of at least $20,000 are categorised as high value goods.
Homes NSW is then required by the Uncollected Goods Act 1995 to give the former tenant or legal representative notice, to the person’s last known address, of the timeframe in which to collect the goods, according to their value. Following which, the goods will be disposed of by way of destruction, public auction or private sale or, for goods determined to be of high value, in accordance with an order from the NSW Civil and Administrative Tribunal (NCAT).
This Notice may be given in the following ways:
- in writing, by post to the former tenant or legal representative, at the last forwarding address known to Homes NSW, or
- in writing, by email to an email address provided by the former tenant, or
- orally, in person or by telephone.
Notice of timeframes for collection of uncollected goods and/or personal documents
In accordance with the Uncollected Goods Act 1995 Part 3, Homes NSW will arrange disposal of uncollected goods and/or personal documents following the period of notice to collect issued to the former tenant or their legal representative.
Notice to the former tenant or legal representative of the timeframe in which to collect goods and/or personal documents, in accordance with the Uncollected Goods Act 1995 is as follows:
- 14 days for low value goods (less than $1,000)
- 28 days for medium value goods ($1,000 to $20,000)
- For goods considered high value (up to $20,000), Homes NSW will apply to the NCAT for an order specifying the way in which the uncollected goods are to be disposed. This will be in accordance with the Uncollected Goods Act 1995 Section 22
- 28 days for personal documents.
Homes NSW may move and store uncollected goods, of all values, in an appropriate manner.
Charges for the management of uncollected goods
Homes NSW will retain relevant charges out of the proceeds of any sale of uncollected goods, which includes costs for:
- the removal of uncollected goods
- any repairs or other work done in connection with the goods
- the storage, maintenance or insurance of the goods
- the disposal of the goods.
If the proceeds of any sale of goods are insufficient to pay the relevant charges, Homes NSW may recover the amount of the deficiency from the former tenant, as a debt.
This does not apply to personal documents.
Form of notice to collect goods
Homes NSW will issue a notice to a former tenant or their legal representative of its intention to dispose of uncollected goods. The notice will include:
- the former tenant’s name
- a description of the goods
- an address where the goods may be collected
- a statement of the relevant charges due to Homes NSW in respect of the goods
- a statement to the effect that, on or after a specified date, the goods will be disposed of unless they are first collected and the relevant charges are paid, and
- if applicable, a statement to the effect that Homes NSW will retain, out of the proceeds of sale of the goods, an amount not exceeding the relevant charges.
Disposal of uncollected goods following notice to former tenants
If the goods are not collected, Homes NSW can arrange for disposal of the goods by selling or disposing of them or in any other lawful manner.
Any proceeds of sale, less occupation fees and reasonable costs of sale, are to be provided to the former tenant. Where the former tenant ended their tenancy in circumstances of domestic and family violence (where they were not the perpetrator) then all proceeds of sale are to be provided to the former tenant.
If an item is on hire, Homes NSW will (where known) notify the company who owns it and arrange for the company to collect it.
The former tenant can claim and collect some or all of the goods while they are in storage. Where the former tenant claims goods, they must pay an occupation fee per day for each day the goods are left on the property or in storage, which at a maximum is equivalent to the rent per day, and must not exceed, in total, the amount of rent for 14 days for low value goods or 28 days for medium value goods. Former tenants will be exempt from paying an occupation fee where it has been demonstrated that they terminated their tenancy in circumstances of domestic and family violence (where they were not the perpetrator).
Under no circumstances will Homes NSW give or sell any goods to an employee of Homes NSW, their relatives, friends, or agents.
Uncollected goods – personal documents
Where personal documents remain in the property after the tenant has moved out, or when a property is abandoned, Homes NSW is required by the Uncollected Goods Act 1995 to give the tenant written notice of at least 28 days, from the date of the notice, that the documents will be disposed of.
Personal documents include:
- a birth certificate, passport or other identity document; or
- bank books or other financial statements or documents; or
- photographs and other personal memorabilia; or
- licences or other documents conferring authorities, rights or qualifications; or
- any other record, or class of record, prescribed by the regulations.
If these documents are not claimed after 28 days’ notice from the date of written advice, Homes NSW will return personal documents to the authority that issued them or if this is not practical, securely destroy them that will not result in the tenant’s personal information becoming publicly available.
Homes NSW does not apply charges to uncollected goods that are categorised as personal documents.
Homes NSW can seek direction from the NCAT under the Uncollected Goods Act 1995 – Sect 31A and Sect 31B if any issues arise as to the disposal of goods.
Sale of Uncollected Motor Vehicles
If a motor vehicle or vehicles of the tenant remains at the property after the tenant has moved out, or when a property is abandoned, Homes NSW will start action to dispose of the vehicle or vehicles. Disposal action follows receipt of certification from the Commissioner of Police to the effect that the motor vehicle or vehicles are not for the time being recorded as being stolen, in accordance with the Uncollected Goods Act 1995 – Sect 31.
Dealing with the tenancy accounts at the end of a tenancy
Homes NSW tenancies generally end on a Sunday. When a tenant vacates a property for any reason, they will be required to pay any outstanding charges on their tenancy accounts. If there is a rental bond account on the tenancy, Homes NSW will claim the bond paid for any outstanding charges remaining on the tenancy accounts.
If the tenant:
- Vacates without giving sufficient notice, Homes NSW will charge rent for the full notice period. That is, 14 days notice for a fixed term lease or 21 days' notice for a continuous lease. The exception to this is where a tenant in circumstances of domestic and family violence (where they were not the perpetrator) terminates their tenancy and vacates immediately. Homes NSW will charge rent up to the date the tenant vacated the property.
- Fails to return the keys on a prearranged date and they return the keys at a later date, Homes NSW will charge rent to the date the tenant gives vacant possession. The exception to this is where a tenant in circumstances of domestic and family violence (where they were not the perpetrator) fails to return the keys. Homes NSW will charge rent up to the date the tenant vacated the property.
- Abandons the property, Homes NSW will charge rent up to the date that Homes NSW obtains vacant possession of the property. The exception to this is where a tenant in circumstances of domestic and family violence (where they were not the perpetrator) abandons their tenancy and vacates immediately. Homes NSW will charge rent up to the date the tenant vacated the property.
- Moves out earlier than the date specified on the Notice of Termination, rent will only be charged up to the date the tenant gives vacant possession.
- Moves out on or after the date specified on the Notice of Termination, Homes NSW will charge rent up to the date the tenant gives vacant possession.
- Is evicted by Homes NSW, or if the property becomes uninhabitable, Homes NSW will charge rent up to the end of the last day the tenant had possession of the property.
Categorising a tenancy
When a tenant vacates a property or requests a statement of satisfactory tenancy, Homes NSW assesses the tenancy and rental history of the tenant and their household members and assigns one of five categories:
- Eligible for a statement of satisfactory tenancy, or
- Satisfactory former social housing tenant, or
- Less than satisfactory former social housing tenant, or
- Unsatisfactory former social housing tenant, or
- Ineligible former social housing tenant.
Homes NSW will advise the client in writing of their category. Homes NSW will also consider the category assigned when a former tenant makes a new application for social housing. For more information, go to Ending a tenancy - Categorising a tenancy in the Tenancy policy supplement.
When the tenancy management of a property transfers from Homes NSW to a community housing provider, the client is not assigned a classification by Homes NSW as the tenancy agreement continues with the new provider.
In this case, the client must contact the community housing provider for any tenancy related statements. For more information including fact sheets, go to Management transfers.
4. Legislation and compliance
Homes NSW is able to end and finalise tenancies in accordance with the provisions of the Residential Tenancies Act 2010and the Uncollected Goods Act 1995.
5. Related documentation
6. Further information
Appeals and review of decisions
If a tenant disagrees with a decision Homes NSW has made, they should first discuss their concerns with a Client Service Officer. The next step, if they still believe Homes NSW made the wrong decision, is to ask for a formal review of the decision. For information on how reviews work, the tenant can ask the Client Service Officer to see Appeals and reviewing decisions, or read the Appeals policy.
Decisions in relation to ending the tenancy of a tenant who has not accepted a final reasonable offer of alternative accommodation when relocating tenants for management purposes are subject to a comprehensive review process set out in Section 149 of the Residential Tenancies Act 2010 and the Procedures Approved by the Minister for Reviews Under Section 149 of the (PDF 934.44KB)Residential Tenancies Act 2010.
Section 149 of the Residential Tenancies Act 2010 provides for a review of the intention to give notice on the ground that the tenant has been offered alternative social housing premises, and Section 149(5) specifically requires the review to be in accordance with procedures approved by the Minister.
The review process cannot start until Homes NSW gives the tenant notice that it intends to issue a Notice of Termination on the grounds that they have rejected an offer of alternative social housing.
If the outcome of the review is that Homes NSW should issue a Notice of Termination, Homes NSW will automatically refer the matter to the Housing Appeals Committee for a second review.
The appeal rights in relation to offers and alterations to homes do not apply to offers of alternative housing made or responded to when Homes NSW is relocating a tenant for management purposes.