Changing a tenancy policy

1. Background

Homes NSW tenancies may change for a number of reasons, including:

Homes NSW relocates a tenant to another property for tenancy or portfolio management purposes (also called a management initiated transfer or relocation for management purposes).
mutual exchange with another tenant
the original tenant dies or leaves the household as a result of being imprisoned or for health reasons (known as Recognition as a Tenant).

The intent of this policy is to explain the criteria for changing a Homes NSW managed tenancy based on each of the reasons above. 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 (AHO) tenancies.

This policy does not apply to tenant initiated requests to transfer to another property for example due to:

needing a larger or smaller property (under-occupancy)
needing a property with different characteristics
breakdown of the household or family.

Information about tenant initiated requests for transfer is contained in the Transfer policy.

3. Policy statement

Homes NSW will change tenancies in accordance with:

the Housing Act 2001
the Residential Tenancies Act 2010
the Residential Tenancies Regulation 2010
the Procedures Approved by the Minister for Reviews under Section 149 of the (PDF 934.44KB)Residential Tenancies Act 2010
the terms of the residential tenancy agreement
where relevant, Homes NSW policies.

Both the tenant and Homes NSW have rights and obligations under the above Acts, the residential tenancy agreement and, where relevant, Homes NSW policies.

Relocating tenants for management purposes

As a social housing landlord, Homes NSW has the right to ask any tenant to relocate to another suitable property, identified by Homes NSW, that:

meets the tenant's known housing and locational needs, and
allows continued access to services, and
supports the creation of a successful and sustainable tenancy in the new location.

Homes NSW has the right to ask any tenant to relocate to another suitable property identified by Homes NSW. This includes a tenant who:

is seeking a mutual exchange, and/or
is approved for a tenant-initiated transfer, and/or
is paying a Vacant Bedroom Charge, and/or
has had their rent subsidy cancelled or who is no longer eligible for a rent subsidy and is subsequently paying, or is required to pay, full market rent, and/or
has a household income that is over the social housing entry eligibility limit. For more information, go to Income eligibility limits.

Homes NSW will only require a tenant to relocate for valid reasons related to the management of a tenancy or the property portfolio, including where:

Homes NSW has determined that there are serious neighbourhood disputes or ongoing social unrest in any one or more housing properties or a housing estate
Homes NSW has decided that any one or more housing properties or a housing estate is to be developed for any reason
the property has been or will be sold
Homes NSW is required to return a head lease property and a Notice of Termination has been issued by the owner of that property
the premises is under-occupied
people are inappropriately housed in a complex which Homes NSW wishes to designate as an older person’s complex
people are inappropriately housed in a property with modifications
the property is found to have significant damage or maintenance liability including termite damage or friable asbestos; and
there is another situation or situations which require a premises be made available for any operational purpose or need whatsoever.

For more information, go to Relocations for portfolio management purposes and Relocations for tenancy management purposes.

If necessary, Homes NSW will enforce its right to relocate a tenant to another suitable location by taking termination action through the NSW Civil and Administrative Tribunal (NCAT).

Aboriginal Housing Office tenants subject to relocation

Homes NSW, as managing agent for the AHO, will consult with the relevant Regional Manager of the AHO to ensure that affiliation with family and land is supported for AHO tenants being relocated for the following reasons:

redevelopment/sale of property
under-occupancy
serious anti-social behaviour.

Relocation from a Homes NSW managed complex that is designated as a Senior Communities complex

When the Department of Planning and Environment ‘the owner’ designates a complex as a Senior Communities complex, tenants who are 54 years and younger (44 years if Aboriginal and/or Torres Strait Islander) can relocate to appropriate alternative accommodation within the first 6 months of the complex being designated as Senior Communities. For more information, go to Relocation of younger tenants from Senior Communities properties.

Large-scale relocations of whole communities managed by Homes NSW

Sometimes Homes NSW, on behalf of the owner will undertake large-scale relocations of whole communities, or public housing areas. In this situation, Homes NSW may appoint a project team to manage the relocation process.

When undertaking a larger scale relocations project, Homes NSW may decide to set up a community reference group or hold community forums to provide information. Homes NSW will make a decision to set up a group or forum after considering relevant factors such as the scale or complexity of the relocation process, the appropriateness of other available communication or feedback options and the level of interest from members of the community affected by the relocation.

Relocation from a property that is being redeveloped

In a situation where Homes NSW relocates a tenant from a property that will be redeveloped to provide social housing, the tenant can express their interest in returning to live at the site after the redevelopment is complete. This would mean relocating the tenant while the redevelopment project is undertaken and then a second relocation to return them to the site when it is complete.

Homes NSW will consider requests from tenants to return after the property redevelopment is complete on a case-by-case basis. Homes NSW will consider the tenant's housing needs when making its decision. For more information, go to Eligible to request to return to a property after redevelopment and Approval to return to a property after redevelopment.

What areas can Homes NSW relocate a tenant to?

Relocating tenants are able to nominate the area they would like to move to. Homes NSW will approve this area unless there are compelling policy or operational reasons to decline the tenant's nomination. For more information, go to Restriction and approval of rehousing location.

How will a tenant be relocated?

When Homes NSW relocates a tenant it will:

tell the tenant about the relocation
interview the tenant to find out their housing and relocation needs
give the tenant an individual relocation statement outlining their relocation entitlements
confirm that information about the tenant's housing needs is up to date
offer alternative housing to the tenant. Most tenants will receive two reasonable offers of alternative accommodation; however, in some circumstances a tenant may only receive one offer. For more information, go to Relocation offers
make final arrangements for the tenant to sign a new tenancy agreement when they accept an offer of alternative housing
issue a Notice of Intention to Issue a Notice of Termination at the same time the final offer is made
if the tenant rejects all reasonable offers of alternative housing and, where necessary, issue a Notice of Termination and apply for termination of the tenancy at the NCAT.

For more information, go to The relocation process.

Assistance with the relocation process

Homes NSW will provide practical assistance to relocating public housing tenants where it is appropriate and necessary for helping the tenant and their household to relocate.

Homes NSW will assess each tenant's situation on a case-by-case basis and make a decision based on the individual circumstances of the tenant. Homes NSW's aim is to help the tenant establish a tenancy in the new location that is likely to be successful and sustainable. Also, where the tenant has made approved alterations to their current property, Homes NSW will consider transferring this level of amenity to the new property. A tenant can apply for reimbursement for approved alterations, excluding swimming pools, if an alteration cannot be removed and the tenant is relocated for management purposes to a property which does not have comparable alterations or amenities. If a Homes NSW tenant is relocating to a property managed by a community housing provider, any transfer of amenity to the new property will be negotiated with the community housing provider on an individual case-by-case basis. For more information, go to Assistance with the relocation process.

Homes NSW will also work with the tenant to identify any support services that they may require in the new area, make appropriate referrals to those agencies and encourage the tenant to follow up on referrals.

Number of offers for a tenant relocating for management purposes

Tenants who are being relocated for management purposes will, in most cases, receive up to two offers of housing.

In exceptional circumstances, Homes NSW may decide to make one offer of alternative housing to tenants who are being relocated for management purposes.

All final offers made by Homes NSW to tenants being relocated for management purposes will be made under section 149 of the Residential Tenancies Act 2010. Homes NSW will issue a Notice of Intention to Issue a Notice of Termination to the tenant at the same time the final offer is made.

For more information see Tenancy Policy Supplement - 7. Relocation offers.

Rejection of reasonable offers for relocation

If a Homes NSW tenant rejects all reasonable offers of alternative social housing, Homes NSW will undertake a final check to confirm that the offer(s) made to the tenant took into account all of their known housing needs and were consistent with the entitlements set out in the tenant's individual relocation statement. For more information on reasonable offers, go to the Matching and Offering a Property to a Client policy.

If a Homes NSW tenant is under-occupying their property and rejects a first reasonable offer of alternative social housing, Homes NSW will undertake a final check to confirm that the offer made took into account all of the tenant’s known housing needs.

Final offers of alternative social housing will be made under Section 149 of the Residential Tenancies Act 2010 and a Notice of Intention to Issue a Notice of Termination will be given to the tenant at the same time the final offer is made.

Homes NSW has the legal right to terminate a tenancy on the grounds that it has made an offer of alternative social housing. This legal right is set out in Section 148 of the Residential Tenancies Act 2010.

The processes that Homes NSW is legally required to follow when relying on Section 148 to terminate a tenancy, including the review processes, are set out in Sections 149 and 150 of the Residential Tenancies Act 2010 and in the Procedures Approved by the Minister for Reviews under Section 149 of the (PDF 934.44KB) Residential Tenancies Act 2010.

Reviewing an approved relocation for management purposes

To ensure that a relocation continues to reflect the tenant's current housing situation, Homes NSW will coordinate a review of relocations for management purposes:

every 6 months, or
when new information from either the tenant or Homes NSW prompts a review.

Following a review, Homes NSW may change the priority of a relocation for management purposes to take account of any differences in the level of urgency of the tenant's circumstances.

Homes NSW will undertake an assessment of the degree of urgency when it must move a tenant being relocated for management purposes as a matter of urgency.

Type and length of lease

Where Homes NSW relocates a tenant to a property managed by a community housing provider and also approves that tenant to return to public housing as part of the same relocation process, Homes NSW will offer them the same type of lease as their previous public housing lease.

Homes NSW offers leases of different types and lengths after a change of tenancy, depending on a client's circumstances. For more information, go to Changing a tenancy – Type and length of lease offered in the Tenancy policy supplement.

Where a Homes NSW relocates a tenant to an alternative property managed by a different housing provider, the tenant will be offered a type and length of lease in accordance with the individual provider's policy.

Paying rent after relocation

Tenants of Homes NSW who are relocated to another property managed by Homes NSW will be charged rent as follows:

If they receive a rent subsidy, Homes NSW will calculate the rent for the new property in the same way as for the current property. This may result in a change to the amount of rent paid if there have been recent changes to the household income or number of people in the household. For more information, see the Charging Rent policy.
If they pay the market rent, Homes NSW will ask the tenant to pay the market rent for the new property. In the case where the market rent for the new property is higher than the market rent currently paid by the tenant, and the tenant is not eligible for a rent subsidy, Homes NSW will consider limiting the additional rent the tenant is expected to pay.

Where Homes NSW relocates a tenant to an alternative property managed by a different housing provider, the tenant's rent will be assessed in accordance with the policy of the individual provider.

All community housing providers calculate rent in accordance with the Community Housing Rent policy.

Paying a rental bond after relocation

Homes NSW tenants who relocate to another Homes NSW managed property may be required to pay a bond in accordance with the Rental Bonds policy.

A Homes NSW rental bond will not be transferred from an existing tenancy to a new tenancy. Homes NSW will claim the bond for any outstanding charges, and any remaining bond credit on the former tenancy after the claim process has been finalised will be refunded by NSW Fair Trading to the tenant. A new bond will then be applied to the new tenancy, if applicable.

Transfer of tenancy management from public housing to a community housing provider

Homes NSW is transferring the tenancy management duties of some tenancies to community housing providers. This does not affect every tenancy across NSW, only those identified by Homes NSW. If a tenant is residing in a location where tenancies will be managed by community housing providers in the future, Homes NSW will contact tenants before the transfer occurs.

The NSW Government passed legislation in October 2016 that has made the transfer of Homes NSW tenancies to community housing providers automatic. Given these legislation changes, the transfer to a community housing provider is not an appealable decision and Homes NSW is able to transfer the management without the tenant's consent. The amendment to the Housing Act 2001 in October 2016, allows Homes NSW to provide personal and health information related to tenants and their household members to their new community housing provider to enable them to adequately prepare for the transfer.

Tenant initiated transfer on the grounds of under-occupancy

Under-occupying a property is when a tenant has more bedrooms than they are entitled to for their household size. Tenants can apply for a transfer to a smaller property. Go to Tenant transfers for more information.

When a tenant requests a transfer due to under-occupancy and rejects their final reasonable offer of alternative social housing, a Vacant Bedroom Charge will be applied to their tenancy. Go to Vacant bedroom charge for more information.

If at any time, a property is required for tenancy or portfolio management purposes, a tenant may be relocated including a tenant who has been approved for a transfer on under-occupancy grounds or who is paying a Vacant Bedroom Charge. Go to Relocating tenants for management purposes for more information.

Mutual exchange

The following criteria only apply to tenancies managed by Homes NSW. It does not apply to tenancies managed by community housing providers. Community housing providers will manage applications for mutual exchange in accordance with their own individual policies.

What is a mutual exchange?

A mutual exchange is where one tenant exchanges properties with another tenant. It provides a way for public housing and AHO tenants to move to a location they prefer, or to obtain more suitable accommodation.

Mutual exchanges can only occur between tenancies managed by Homes NSW. This means that, provided the eligibility criteria are met, a tenant of Homes NSW or the AHO:

can mutually exchange with another Homes NSW or AHO tenant
cannot mutually exchange with a tenant of a community housing provider.

Finding a property to exchange

Homes NSW provides a computer matching service to help public housing and AHO tenants find and contact other public housing and AHO tenants living in homes that are suitable to mutually exchange.

An exchange may involve more than two tenants. The time taken to find a match depends on the availability of tenants in the desired location who want to exchange. There is no charge for this service.

When Homes NSW finds a match, it will notify each tenant and send them a letter containing the name, phone number and address of the other tenant. The tenants then make their own arrangements to view each other's homes. Tenants are under no obligation to accept an exchange and can reject an alternative home without penalty.

Additionally, tenants may also advertise or arrange an exchange themselves (although Homes NSW must approve the exchange before it can take place). Tenants cannot offer financial or other incentives to encourage other tenants to exchange. If Homes NSW becomes aware that incentives of any form are involved, it will not approve the exchange.

Assessing a request for a mutual exchange

If the tenants agree to exchange, they must notify their local Homes NSW office. Homes NSW will advise tenants in writing whether it has approved or declined their application for mutual exchange. For more information, go to Criteria for approving a mutual exchange.

Homes NSW must approve a mutual exchange before the tenants move. If they move before approval is given, they may have to return to their previous dwellings. Moving without approval is a breach of the tenancy agreement.

What happens when Homes NSW approves a mutual exchange?

Tenants must sign a new tenancy agreement for the new home. They sign at the same time, preferably in the same office. Tenants are responsible for arranging keys and for paying their own removal costs. If Homes NSW has approved a tenant for a transfer, Homes NSW will remove them from the NSW Housing Register when the mutual exchange is finalised.

Tenants who exchange into a headleased or Public Equity Partnership property cannot buy the property or carry out any modifications or additions.

Tenants approved for a mutual exchange may be required to pay a bond in the new tenancy if tenant damage charges of $500 or more in a single instance is substantiated and applied to the vacating tenancy.

Recognition as a tenant

The following information applies only to tenancies managed by Homes NSW. It does not apply to tenancies managed by community housing providers. Community housing providers manage applications for recognition as a tenant in accordance with their own individual policies.

When deciding whether to approve recognition as a tenant, Homes NSW will balance the rights of access to public housing and Aboriginal housing against the need to make public housing available to clients on the NSW Housing Register, particularly those approved for priority housing.

What is recognition as a tenant?

Recognition as a tenant is the situation that arises when a household member or other eligible person connected to the household requests to continue living in a property managed by Homes NSW, including an AHO property, after one of the following recognition as a tenant events has occurred. The tenant has:

died, or
left the property as a result of being imprisoned, or
left the property due to health reasons, for example has entered a nursing home or an institutionalised care facility.

If none of the above events has occurred, the client will not be assessed for a provisional lease or recognition as a tenant.

Where an applicant is approved for a provisional lease or recognition as a tenant, a bond may apply if they had tenant damage charges of $500 or more in any former tenancy, in their own name during the six years before they sign the new lease.

Situations where the recognition as a tenant process, including a provisional lease does not apply

The recognition as a tenant process does not apply in the following circumstances:

If the tenant leaves due to a breakdown in the household relationship; or an application is submitted to the NSW Civil and Administrative Tribunal under Section 79 of the Residential Tenancies Act 2010, Homes NSW will consider the other household member's future housing need under the Family breakdown/separation section of the Transfer policy.
If a tenant vacates their tenancy by choice, Homes NSW expects all household members to leave the property. Household members may apply for other housing assistance products through Housing Pathways.
Between different housing providers. For example, a public housing tenant cannot be granted recognition as a tenant to a community housing tenancy.
If a tenant leaves a joint tenancy, Homes NSW will consider the tenant who leaves future housing needs under the Transfer policy.
If a tenant is being re-signed after their tenancy has been terminated by the NSW Civil and Administrative Tribunal.

Situations where the recognition as a tenant process, including a provisional lease will not be approved

Tenancies managed by Homes NSW are exempt from the recognition as a tenant provisions under Section 77 of the Residential Tenancies Act 2010.

Homes NSW will not approve recognition as a tenant, including a provisional lease if:

the tenancy has not been relinquished by the tenant or the tenant’s legal representative
the tenancy has not been approved to be taken over upon receipt of a death certificate, where a tenant has died without a will and the estate is not being managed by the NSW Trustee and Guardian
the tenancy has not been formally ended under the Residential Tenancies Act 2010 within a reasonable timeframe, usually 6 weeks
while an occupant of any Homes NSW managed property, including an AHO property, the client committed acts of violence, for example, physical attacks or serious verbal threats directed at neighbours or Homes NSW staff
while an occupant of any Homes NSW managed property, including an AHO property, the client was involved in illegal activities in that property
the client has been convicted of arson or deliberate damage to any Homes NSW managed property, including an AHO property
the client is an unsatisfactory or ineligible former tenant.

Homes NSW will use its rights under the Residential Tenancies Act 2010 to seek termination of the tenancy and an order for possession of the property.

Timeframe to apply

Household members must inform Homes NSW of the recognition as a tenant event as soon as possible. If they wish to be assessed to continue living in a property managed by Homes NSW, they must lodge a recognition as a tenant application within the following timeframes of a recognition as a tenant event:

all clients except Aboriginal and/or Torres Strait Islander people – within 6 weeks of recognition as a tenant event, or
Aboriginal and/or Torres Strait Islander people (eligible for Aboriginal housing, products and services), or those seeking recognition as a tenant to an AHO property – within 10 weeks of recognition as a tenant event.

Part A of the Recognition as a Tenant Supplement notifies Homes NSW that a recognition as a tenant event has occurred. Homes NSW will consider this information and determine if the household is eligible for a provisional lease.

Parts A and B must be completed by a household if they wish to apply for recognition as a tenant. Homes NSW will assess this information and determine if the household is eligible to continue living in a property managed by Homes NSW.

Homes NSW may consider extending these timeframes, particularly for spouses or de facto partners 55 years and over, household members that are caring for the tenant and people who are the formal or informal carer of children or young persons in the household, if the client demonstrates that there are extenuating circumstances. For example, difficulty ending the previous tenancy despite having made genuine efforts or a medical condition or disability which made it difficult to lodge an application within the timeframe.

Number of applications per household

Homes NSW will only approve one application for recognition as a tenant per household. Homes NSW will consider each applicant's eligibility to determine who is granted recognition as a tenant. In general, a spouse or de facto partner of the tenant who is 55 years of age or older, or a formal or informal carer of children or young persons will be granted recognition as a tenant ahead of other household members.

Common eligibility criteria for recognition as a tenant

All clients requesting recognition as a tenant must demonstrate that they meet the following criteria:

are an Australian citizen or permanent resident, and
agree in writing to relocate if the current property does not match their assessed housing requirements, and
except for formal and informal carer of children or young persons living in the property, be an approved additional occupant of the household or included on applications for rent subsidies for:
- two years prior to the request, or
- the whole of the tenancy if it is less than two years old, and
have had a satisfactory occupation within the tenancy for the above period, or otherwise satisfy Homes NSW that they will be able to sustain a tenancy.

For situations where Homes NSW may consider waiving the requirement to have lived in the household for a minimum period go to Exceptions to minimum period of occupation in the Tenancy policy supplement.

Homes NSW applies additional criteria and processes for assessing eligibility for recognition as a tenant:

for non-Aboriginal or Torres Strait Islander people
for Aboriginal and Torres Strait Islander people living in public housing or in an AHO property.

The information in this section applies to the majority of clients requesting recognition as a tenant. The Recognition as a Tenant Supplement consists of two parts, A and B.

Part A: Provisional lease – all clients

Homes NSW will consider the information in Part A of the Recognition as a Tenant Supplement and determine if the household is eligible for a provisional lease.

Homes NSW will offer a six month provisional lease to people who submit an application within the required timeframe provided they meet the criteria for provisional leases set out in the Types and Length of Lease policy. This criteria includes clients applying who may be either authorised or unauthorised occupants living in the property. These clients will also be considered for recognition as a tenant, if they have requested it in their application form.

People assessed as ineligible for social housing assistance as high risk registered persons are not eligible for a provisional lease.

People who do not submit an application within the required timeframe and who have not been granted an extension due to extenuating circumstances will have their application declined but will be offered a three month provisional lease provided they meet the criteria for provisional leases set out in the Types and Length of Lease policy. This will allow them to have stable housing while they seek alternative accommodation. They will be required to move out of the property at the end of the three month lease.

If a client is not eligible for a provisional lease, Homes NSW will decline any application for recognition as a tenant that has been lodged. The client may still apply for other housing assistance products through Housing Pathways.

1. Part B: Recognition as a tenant – all clients except Aboriginal and/or Torres Strait Islander people and clients residing in an AHO property

Homes NSW will consider the information in Part B of the Recognition as a Tenant Supplement and determine if the household is eligible to continue living in a property managed by Homes NSW. Homes NSW will first assess if the client meets the common eligibility criteria for recognition as a tenant set out above.

Specific criteria for recognition as a tenant – all clients except Aboriginal and/or Torres Strait Islander people and clients residing in an AHO property

If the client meets the common eligibility criteria set out above, Homes NSW will grant recognition as a tenant to clients if they meet the following specific criteria:

Spouse or de facto partner 55 years of age or older
Formal or informal carer of children or young persons
Relinquished a social housing tenancy to act as a live-in carer to the tenant or other household member
Other household members – including spouse or de facto partner under 55 years of age.

2. Part B: Recognition as a tenant – Aboriginal and/or Torres Strait Islander people and clients residing in an AHO property

The information in this section applies to Aboriginal and/or Torres Strait Islander clients residing in public housing who are eligible for Aboriginal housing, products and services or clients residing in an AHO property. Homes NSW will consider information in Part B of the Recognition as a Tenant Supplement and determine if the household is eligible to continue living in a property managed by Homes NSW.

If the client meets the common eligibility criteria set out above, and they are eligible for Aboriginal housing, products and services, Homes NSW will grant recognition as a tenant to clients if they meet the following specific criteria. For more information about the AHO Eligibility for Services policy see the Social Housing Eligibility and Allocations policy supplement.

Spouse or de facto partner
Formal or informal carers of children or young persons
Relinquished a social housing tenancy to act as a live-in carer to the tenant or other household member
Other household members
Aboriginal and Torres Strait Islander clients not part of the household
Recognition as a tenant to a non-Aboriginal and/or client residing in an AHO property.

Outcomes for all clients

Homes NSW, in conjunction with AHO, will assess requests for recognition as a tenant and either:

grant approval for the client to continue living in a property managed by Homes NSW. If recognition as a tenant is approved, Homes NSW will grant a two year, five year, 10 year or continuous lease, depending on the client's entitlement, when the provisional lease ends. For further information about the type and length of lease Homes NSW will offer see Changing a tenancy – Type and length of lease offered in the Tenancy policy supplement, or
decline approval for the client to continue living in a property managed by Homes NSW. When this occurs Homes NSW expects all household members to leave the property. Homes NSW will use its rights under the Residential Tenancies Act 2010 to seek termination of the tenancy and an order for possession of the property.

Where Homes NSW proposes to decline an application for recognition as a tenant from an Aboriginal and/or Torres Strait Islander person to Homes NSW (public housing) property, it may ask the AHO to comment on this proposal. This is consistent with Homes NSW's aim to make culturally appropriate decisions concerning Aboriginal people.

Where Homes NSW recommends declining recognition as a tenant of an Aboriginal client to an AHO property, it must refer this decision to the AHO for review before it is finalised.

If recognition as a tenant is approved, Homes NSW will confirm that the previous tenancy is relinquished or formally ended under the Residential Tenancies Act 2010, or a more suitable property for the household identified, and then ask the client to sign a tenancy agreement. For information about the type and length of lease Homes NSW will offer see Changing a tenancy – Type and length of lease offered in the Tenancy policy supplement.

If recognition as a tenant is declined, Homes NSW will ask the people living in the property to move out. Homes NSW will use its rights under the Residential Tenancies Act 2010 in order to ensure the property is vacated.

Considerations for all clients applying for recognition as a tenant

Young persons

If the client is a young person aged 16 or 17 years, they may be granted recognition as a tenant if they demonstrate they are able to care for themselves and can meet the terms of the tenancy agreement. For further information see the Eligibility for Social Housing policy.

Accounts of the previous tenant

Homes NSW cannot pass on the debts of the former tenant to the new tenant when there is a change of tenancy and a new tenancy agreement is signed. If a tenant dies, Homes NSW will claim the rental bond (if one exists) for any money they owe, before writing off any remaining debts. If any of their accounts are in credit, Homes NSW will pay the money to their estate. If a tenant leaves the property, Homes NSW will claim the bond (if one exists) for any money they owe, and then treat any remaining debit or credit as a vacated account.

Requirement to move to a different property

When Homes NSW grants recognition as a tenant, it assesses whether the property the person is living in matches their housing requirements. If the property does not match the client's housing needs, Homes NSW will ask the client to agree to relocate to a suitable property as a condition of granting approval to continue living in public or Aboriginal housing. If the client fails to agree to relocate, recognition as a tenant will not be approved.

If the client has been approved for recognition as a tenant, and has been granted a two, five, 10 year or continuous lease, should they fail to comply with the agreement to relocate, Homes NSW will enforce its right to relocate the tenant under the Residential Tenancies Act 2010. For more information see Relocating tenants for management purposes.

For clients residing in public housing who have been granted a provisional lease and the client:

withdraws their consent to relocate during the provisional lease, and recognition as a tenant has been approved, the approval will be rescinded by a delegated officer and Homes NSW will commence action to terminate the tenancy at the end of the provisional lease, or
withdraws their consent to relocate during the provisional lease, and recognition as a tenant has not yet been approved, then recognition as a tenant will not be approved.

Appointed agents

Homes NSW will not approve recognition as a tenant to appointed agents unless they are already another household member, or they are the tenant's spouse or de facto partner and the tenant has relinquished the tenancy. For more information on appointing an agent see the During a Tenancy policy.

4. Legislation and compliance

Social housing providers change tenancies in accordance with the provisions of the Residential Tenancies Act 2010 and the Housing Act 2001.

If Homes NSW decides to relocate a tenant for management purposes, it still reserves its right at all times to issue a Notice of Termination of a residential tenancy agreement if there have been breaches of the residential tenancy agreement. This provision applies to ensure Homes NSW can comply with its legislative obligations as well as its contractual obligations under the residential tenancy agreement.