Tenancy policy supplement - Homes NSW

During a tenancy – Looking after your home

1. Situations in which maintenance will be carried out more quickly

Maintenance will be carried out more quickly when:

• there is an immediate threat of danger due to health, safety or security risks
• there is a threat to the safety or security of the tenant
• essential items are not working
• Department of Planning and Environment determines that general repairs cannot wait for the planned works program.

During a tenancy – Use of the premises and the right to quiet enjoyment

1. Running a business from the premises

Homes NSW will only give approval to operate a business if it is satisfied that both the business and the tenant:

• will comply with any relevant laws and local government regulations that apply to operating a business from a residential property, including, where relevant, seeking any necessary approval from the local council prior to starting the business, and
• will not increase wear and tear over and above the level that would be normal for a home, or increase utilities (such as non-metered water in flats) that increase Homes NSW's costs, and
• will not make any alterations or additions to the property without seeking written approval from Homes NSW, and
• will meet their obligations under the Tenancy Agreement, in particular where the tenant agrees ‘not to cause or permit antisocial behaviour, and not to interfere or cause or permit any interference with the reasonable peace, privacy or comfort of any neighbour’, and
• has a current public liability insurance policy appropriate to the type of business, and
• will not expose Homes NSW to excessive risk, and
• will comply with other relevant Homes NSW policies.

Evidence criteria include:

• a document outlining the approval of the local council or any other relevant authorities, and
• a public liability insurance policy certificate.

2. Companion animals

Companion animals include:

• cats
• dogs (including dogs such as working dogs and trained assistance animals such as seeing eye or hearing dogs)
• any animal that is prescribed by the regulations.

3. Restricted dogs

Restricted dogs include:

• pit bull terriers
• American pit bull terriers
• Japanese tosas
• dogo Argentino
• filo Brasileiro
• perrode presa Canario or presa Canario
• other dogs, such as guard dogs used by security personnel.

4. Dangerous dogs

Dangerous dogs are dogs that have been declared dangerous by a local council or local court. These include dogs that attack without provocation, or kill a person or animal, or repeatedly threaten to attack or chase a person or animal.

5. Complying with the Companion Animals Act

To comply with the Companion Animals Act, a person must ensure:

• that the animal does not harm or threaten any other person or animal
• dogs are contained on the property and not allowed to roam
• dogs and cats do not cause a nuisance by persistently making a noise, straying or interfering with other people’s property
• dogs and cats are micro chipped and registered if they are born or change owners after 1 July 1999.

6. Determining if the property is suitable for a certain type of animal

When determining if a property is suitable for a certain type of animal, Homes NSW will consider:

• the amount of open space available on the property, and
• requirements of the local council, and
• the size and type of animal and its suitability to the property, and
• the likelihood of damage to the property, and
• the likelihood of interference with neighbours, even if the neighbours have not yet made a complaint.

7. When a vehicle is treated as abandoned or is causing a nuisance

Homes NSW will treat a vehicle as abandoned if:

• it is causing a health or safety hazard, or
• it is left by a current or former tenant, or
• the owner of the car cannot be found after Homes NSW has made every reasonable effort to establish the owner’s identity and whereabouts.

8. When a vehicle may cause a breach of the tenancy agreement

A tenant will be in breach of their tenancy agreement where a vehicle:

• causes a nuisance to other residents because it is blocking access to common areas, including derelict vehicles left in resident car park spaces
• interferes with the comfort of surrounding neighbours because it is occupying car spaces allocated for visitors
• represents a hazard because it is in a state of disrepair and has been left in a common area or resident car space.

9. Approving additional occupants

In most cases, Homes NSW will approve applications for additional occupants if:

• it does not cause severe overcrowding, and
• the additional occupant does not have a poor record of tenancy with Homes NSW, and
• the household composition is suitable for the type of property. For example, if an additional occupant wishes to take up residency in a Senior Communities property, Homes NSW will only approve the application if the composition remains consistent with the objectives of Senior Communities, and
• if the additional occupant owes any money to Homes NSW from a previous tenancy, the occupant has made arrangements to repay the debt, and
• if the additional occupant has a current tenancy with Homes NSW, this tenancy must be finalised, and
• the additional occupant is not an unsatisfactory or ineligible former tenant.

Homes NSW may defer approval for an additional occupant if the tenant’s rent account is in arrears.

An additional occupant may not be approved if it is likely that the presence of that occupant will lead to antisocial behaviour, or the person has a history of causing antisocial behaviour in a Homes NSW managed tenancy.

Further, Homes NSW may not approve the additional occupant if they have a history of having committed registrable offences and it is likely that the presence of that additional occupant in social housing will:

• lead to antisocial behaviour, and/or
• present an unacceptable risk of harm to the client, to other social housing occupants or to neighbours.

Homes NSW will be guided by information provided by the NSW Police Force or Corrective Services NSW as to the likelihood of the above occurring.

10. Applying visitor sanctions to individual tenancies

A visitor sanction will be applied if there is evidence that:

• previous visitors to the tenancy have not met the standard of behaviour required by Homes NSW under the residential tenancy agreement, or
• the tenant or members of their household are not meeting the standard of behaviour required under the residential tenancy agreement, or
• new people have joined the household (including visitors who are staying more than 28 days) and the tenant has not asked for approval from Homes NSW, or
• in the case of tenants who receive a rent subsidy, they have not declared the income of all people living in the household (including visitors who are staying more than 28 days) to Homes NSW.

11. Applying visitor sanctions to a group of tenancies within a complex, precinct or area

Homes NSW will apply a visitor sanction if it has a strategy directed to combating antisocial behaviour in the complex, precinct or area based on:

• evidence of serious or repeated instances of criminal behaviour or antisocial behaviour that pose a risk to neighbours, Homes NSW staff, others in the community or Homes NSW property, and cannot be addressed by applying a visitor sanction to one or more individual tenancies in the complex, precinct or area, or
• evidence of serious or repeated instances of behaviour that are unacceptable in a Homes NSW managed tenancy and cannot be addressed by applying a visitor sanction to one or more individual tenancies in the complex, precinct or area.

When deciding whether or not to apply a visitor sanction, Homes NSW will consider the merits of all relevant information, including:

• orders made by the NSW Civil and Administrative Tribunal
• police reports
• witness incident reports
• apprehended violence orders
• local Government orders
• records collected or created by Homes NSW such as file notes, rent subsidy records, letters or reports provided by other people or organisations, forms and photographs.

12. Additional occupant leaving the household

When you advise Homes NSW that an additional occupant is no longer residing in the property, Homes NSW will ask you for reasonable evidence to confirm the type of household change.

Below is a list of suitable evidence that Homes NSW can use to verify that a household member has left the household:

During a tenancy – Being away from the property

1. Approving an absence from the property

Homes NSW will approve an absence from the property if it is satisfied that:

• The tenant has made arrangements to pay their tenancy charges, such as rent and water usage, while they are away. In some cases, the minimum rent may apply. For more information see the Charging Rent policy. In some cases, water usage charges may be adjusted. For more information see the Water Usage Charges policy.
• The property will be adequately cared for while the tenant is away.
• The tenant has an acceptable reason for going away.
• The tenant has not been away from the property for more than 365 days in the five years, prior to the first day of the next absence request. All approved absences are included in this calculation.

Approval is required for absences of six weeks or longer.

2. Approved absences

Homes NSW will consider absences up to six months including:

• prison
• caring for sick/frail family members
• hospitalisation, institutional care, respite, nursing home care or rehabilitation
• escaping domestic and family violence, harassment or threats of violence
• assisting with immigration matters in the country of origin
• holidays
• employment, education or training.

Homes NSW will not approve repeat absences relating to holidays, assisting with immigration matters in the country of origin or employment/training.

3. Tenants going to prison

If a tenant is going into prison, they can apply to retain the tenancy for up to six months. However, if Homes NSW is reasonably satisfied that the imprisonment will be more than six months, Homes NSW can ask the tenant to relinquish the tenancy immediately. For more information see a tenant’s obligations when they end their tenancy section in the Ending a Tenancy policy.

Homes NSW will consider each case on its merits. However, if the reason for imprisonment is related to a breach of the tenancy agreement, Homes NSW will take action to terminate the tenancy. If the tenant has not been released from prison at the end of six months, Homes NSW will consider an application for Recognition as a tenant from a remaining household member or terminate the tenancy.

4. Tenants going into a nursing home

If the tenant is in a nursing home, Homes NSW will not approve requests for absence beyond the initial six months. The tenant should relinquish the tenancy or ask Homes NSW to consider an application for Recognition as a Tenant from a remaining household member. For more information see a tenant’s obligations when they end their tenancy section in the Ending a Tenancy policy.

5. Tenants going into a rehabilitation program

Tenants participating in a rehabilitation program can apply to retain their tenancy for up to six months. However, if Homes NSW is reasonably satisfied that the rehabilitation program will be more than six months, Homes NSW can ask the tenant to relinquish their tenancy immediately. For more information see a tenant’s obligations when they end their tenancy section in the Ending a Tenancy policy. Homes NSW will consider each case on its merits.

6. Tenants who relinquish their tenancy or have their tenancy terminated as a result of an absence

When termination action is taken by Homes NSW or the tenant relinquishes the tenancy, Homes NSW must notify the tenant of their former tenant category and how it may impact on their eligibility for social housing in future. For more information see Ending a Tenancy – Categorising a tenancy.

During a tenancy – Contact with tenants and access to the property

1. Client service visits

Homes NSW conducts client service visits face to face and virtually to keep up to date with tenancy management needs such as:

• finding out about problems a tenant may be experiencing with their tenancy such as maintenance issues, problems with neighbours, difficulties paying rent or property care issues
• identifying if tenants need support to live independently, or need to be linked in with support services to maintain their tenancy
• ensuring that a tenant aged over 60, or 45 if an Aboriginal and/or Torres Strait Islander person, has been contacted
• confirming who is living at the property and that the correct amount of rent is being paid
• updating Homes NSW's information about the condition of the property
• discussing any plans Homes NSW may have for the property, such as painting or other maintenance
• confirming that both the tenant and Homes NSW are meeting their obligations under the tenancy agreement.

The Homes NSW staff member may request a tenant, or another person present at the time of the visit, to refrain from smoking or vaping whilst the face to face client service visit is being undertaken.

2. New tenancies

A Homes NSW staff member, usually the client service officer managing the property, will visit each tenant shortly after their new tenancy starts. New tenancies include tenants who are in:

• their first tenancy with Homes NSW or the Aboriginal Housing Office
• a new property after a transfer or mutual exchange.

3. What tenants can expect of Homes NSW staff when arranging and conducting client service visits

Tenants can expect that Homes NSW staff arranging and conducting client service visits will:

• Give at least seven days written notice of a face to face client service visit. This is consistent with the Residential Tenancies Act 2010. Virtual client service visits are not mandatory. For more information please refer to the virtual client service visit factsheet for tenants.
• Reschedule a visit for a more convenient time if the tenant advises that the proposed date or time is inconvenient.
• Tell the tenant the purpose of the client service visit.
• Treat the tenant, and household members with courtesy and respect, in line with DCJ Code of Ethical Conduct.
• Enable tenants to arrange to have a support person with them during the client service visit, if they wish. Any client service visit that is to be conducted with the assistance of a support service is to be completed face to face.
• Arrive well prepared for the client service visit by bringing any necessary information or paperwork with them.
• When conducting the visit, wear their Homes NSW photo identification and carry a business card to leave with the tenant if necessary.
• Clearly confirm the outcomes of the client service visit and the broad timeframes for any actions agreed during the visit.
• Keep a written record of any agreements made with the tenant during the visit.

Tenant’s can request that staff wear a mask whilst conducting the client service visit.

During a tenancy – Lease reviews

1. Evidence requirements to determine length of lease

Income

Any documents provided as proof of income must be original. For more information, go to Proof of income and assets.

Ongoing access to care or support program

Formal care

A letter from the organisation that provides the care or support program. The letter must detail the type of care or support provided.

If the client is a National Disability Insurance Scheme (NDIS) participant, a copy of a NDIS support plan is recommended.

Care provided by an individual

A copy from Centrelink of:

• their Centrelink statement confirming receipt of the Carer Payment or Carer Allowance, or
• a Circumstance Review Form, or
• the concession card of the person receiving the care. The concession card must identify their carer.

Disability

A Centrelink statement confirming receipt of one of the following income types:

• Disability Support Pension
• Carer Payment
• Carer Allowance
• Mobility Allowance

Veterans

A Department of Veteran Affairs statement confirming receipt of one of the following service pensions:

• Age Service Pension
• Invalidity Service Pension
• Partner Service Pension

Persons aged 65 years or over

• birth certificate, or
• passport.

Aboriginal and/or Torres Strait Islander person

To apply for housing services specifically available to Aboriginal and/or Torres Strait Islander people, they must provide acceptable evidence to confirm their Aboriginality. For more information about the Aboriginal Housing Office’s preferred evidence to access Aboriginal housing, products and services see item 3 on the Evidence Requirements Information Sheet.

Participation in a Transition to Work Program or Community Participation Program

A letter from the program provider.

A client of the NSW Trustee and Guardian or the Public Guardian

A letter of confirmation from the NSW Trustee and Guardian or the Public Guardian.

Young people leaving Community Services, out-of-home care, or juvenile detention and in receipt of a Youth Disability Supplement

• a letter of confirmation from Community Services (CS) or an accredited out-of-home care provider, or a letter of discharge from Juvenile Justice (JJ), and
• a Centrelink income statement.

2. Income limits at lease review

The maximum household income (before tax) must not exceed the limits listed in the table below. These limits are set at a higher level than the income limits for entry to social housing.

Members of a household who have a disability (permanent or likely to be permanent), medical condition or permanent injury that results in significant ongoing financial costs being incurred, may qualify for a disability allowance. This allowance raises the lease review income eligibility limit for each household member who demonstrates that they have an enduring disability, medical condition or injury.

Where a tenant can demonstrate significant ongoing financial costs that exceed the standard disability allowance, they may qualify for an exceptional disability allowance. Homes NSW will apply this allowance instead of, but not in addition to, the disability allowance a tenant may have already qualified for.

Homes NSW applies these allowances in recognition of the additional financial burden that medical costs may have on the household income of clients with a disability or medical condition.

For more information on disabilities, go to Examples of disability, medical or permanent injury expenses and Proof of ongoing expenses due to disability, medical condition or permanent injury Evidence requirements for an exemption.

3. Evidence requirements for an exemption

Exemption relating to a disability and ongoing medical condition

A letter from one or more of the following support providers demonstrating how a tenant or other household member is likely to be placed at serious risk to health or harm if they moved from public housing:

• a medical specialist
• a health worker such as a community nurse, occupational therapist or physiotherapist
• a psychiatrist, psychologist or mental health worker
• support organisations such as Home Care Services, Community Nursing, Aged Care Assessment Team (ACAT) or Service for the Treatment and Rehabilitation of Torture and Trauma Survivors (STARTTS)
• National Disability Insurance Scheme (NDIS).

Exemption relating to vulnerable children or young people at risk

A document which demonstrates how a child or young person is likely to be placed at risk of abuse or neglect if the household is moved from public housing. This could be one or more of the following:

• a report from a doctor or specialist
• a letter from the National Disability Insurance Agency (NDIA) or main support provider
• a report from a human service professional such as a social worker, caseworker, psychologist, psychiatrist or counsellor
• a referral letter from a DCJ child protection worker requesting assistance from Homes NSW
• a letter from the NSW Police Force, or
• a current Apprehended Violence Order (AVO) accompanied by one or more of the above documents.

Exemption relating to maintaining education, employment, training or apprenticeship

A letter from one or more of the following providers demonstrating how a tenant or household member’s ability to continue with employment, training or education would be jeopardised if they moved from public housing:

• school principal
• employer
• university or TAFE course coordinator
• other employment or training professional.

The support letter must also identify:

• a need to access employment or an apprenticeship at least once per week on an ongoing basis, or
• a need to access special education or training facilities at least once a week for a period of more than 6 months from the lease end date.

Exemption relating to affordability and accessibility of alternative housing

The unavailability of affordable and accessible private rental accommodation can be substantiated by:

• an internet search conducted by Homes NSW for properties for lease, or
• business cards and rental listings from real estate agents provided by the tenant, which state that the agency has no accommodation that is affordable or appropriate for the tenant, and
• a report from a health professional or advocate that states the reasons for needing a specific dwelling type where accessibility to private rental accommodation is an issue.

4. Evidence requirements for a change of circumstances after lease review

Tenants must provide relevant information before Homes NSW will consider a reassessment. If Homes NSW determines the tenant is eligible for an extension to their lease due to a change of circumstances, Homes NSW will offer a maximum two year lease extension in accommodation that is appropriate to the size and needs of the household.

For a change of circumstances related to a risk to a household member which is described in the assessment criteria for exemptions, see the evidence requirements above.

Evidence requirements for a change of circumstances related to loss of employment resulting in the household income decreasing below the income limits at lease review

• All household members need to supply current income details.
• Household members must provide evidence of being in receipt of a Centrelink benefit when applying for a reassessment due to loss of employment.
• Household members who have reduced earnings or a reduced number of hours of employment must provide a statement signed by their employer. The statement must confirm:
  • the number of hours worked, and
  • when the arrangement commenced, and
  • the regular weekly income, and
  • the permanency of the arrangement.

Evidence requirements for other changes in circumstances, including a change in household complement resulting in a decrease in income below the income limits at lease review

Documentation from two or more of the following that identifies the former household member’s new address:

• supply authorities such as gas, electricity, water and telephone providers
• real estate agents
• a tenancy agreement
• a driver’s licence
• a Centrelink statement
• a statutory declaration confirming occupancy at an alternative location. This may be provided by the person with whom the former household member is now residing.

5. Previous lease review income limits

This section presents various lease review income eligibility.

Changing a tenancy – Relocating tenants for management purposes

1. Relocations for portfolio management purposes

The Department of Planning and Environment (‘the owner”) makes decisions about properties within its portfolio. This includes properties owned by the Land and Housing Corporation and the Aboriginal Housing Office.

Homes NSW will relocate a tenant for portfolio management purposes when the owner:

• intends to sell a property or a group of properties
• intends to demolish a property or a group of properties
• will redevelop the land the property is on to provide more appropriate housing
• has designated the property for occupation by a particular client group, such as older people, and the tenant or household does not belong to this client group
• has designated the property for transfer to community housing management
• does not own the property and the lease with the private landlord has expired.

Or for any other compelling reason relating to property portfolio management.

2. Relocations for tenancy management purposes

Homes NSW will relocate a tenant for tenancy management purposes for the following reasons:

• under-occupancy – the property is too large for the tenant’s household, for example, due to changing circumstances such as children leaving home. For more information, see Social Housing Eligibility and Allocations policy supplement
• overcrowding – too many people are living at the property
• the property has features, such as modifications for people with a disability that are no longer needed by the people living in the property
• the owner intends to carry out substantial upgrading work on the property and the property needs to be vacant so that this work can happen
• management of neighbour disputes or social disharmony or antisocial behaviour that involves or affects the tenant
• the property or its location is unsuitable for the tenant and their capacity to sustain a Homes NSW managed tenancy is threatened
• any other compelling reason whatsoever relating to the management of a particular tenancy.

Where a household has a child in out-of-home care and family restoration to the household is being considered or carried out, Homes NSW will include the child in calculations of under-occupancy as if they were living in the home.

3. Relocation of younger tenants from Senior Communities properties

Relocation will be offered to younger tenants within the six month transitional period, which is the date from when the owner classifies the complex as Senior Communities. Date of classification is the date tenants are advised in writing that the complex is Senior Communities.

Younger tenants living in Senior Communities can meet with Homes NSW staff to discuss their relocation options. If the tenant agrees to be rehoused, they will be relocated in accordance with the procedures for relocating tenants for management purposes.

Within the six month transitional period, an agreement with the tenant and Homes NSW needs to be in place in accordance with the Relocation Statement. The tenant will be offered accommodation when a suitable match for an available property can be made.

Some parts of the policy for relocating tenants for management purposes will not apply. Sections relating to terminating tenancies under Section 149 of the Residential Tenancies Act 2010 will not be used when a relocations statement has been issued within the six month transitional period. This means that Homes NSW's right to take action at the NSW Civil and Administrative Tribunal to terminate the tenancy if the tenant refuses all reasonable rehousing offers will be waived. It will then be assumed that the tenant wants to stay living in the complex.

At the end of the six month transitional period tenants who request to be relocated to alternative accommodation must apply for a transfer and be assessed under the transfer criteria.

4. The relocation process

Telling the tenant about the relocation

Homes NSW will tell the tenant about the relocation in person and provide follow up information in writing.

If the relocation is for tenancy management reasons, this will happen as soon as reasonably practical after the decision to relocate the tenant is made.

If the relocation is for portfolio management reasons, this will happen as soon as reasonably practical after the Department of Planning and Environment makes a confirmed portfolio management decision.

The information provided to the tenant at this point will include the contact details for the Homes NSW officer who will be the tenant’s first point of contact for any issues relating to the relocation process.

Interviewing the tenant to find out their housing and relocation needs

The purpose of this interview is to gather information about the tenant’s situation so that Homes NSW can:

• make an appropriate offer of alternative housing, and
• offer the tenant appropriate assistance during the relocation process, and
• where appropriate, make arrangements to move approved alterations the tenant has made to the property. In the circumstances where it is not possible to relocate the approved alterations, the tenant can seek reimbursement, please see the Alterations to a Home policy for more information.

Whenever possible, Homes NSW will request the relocation needs interview to be carried out at the tenant’s property. This will help identify client housing needs/supports (for example property modifications) and identify any property alterations eligible for reimbursement. Homes NSW expects the tenant to cooperate with Homes NSW by making themselves available for this interview. Homes NSW will proceed without completing this step if the tenant does not respond after reasonable notice.

Giving the tenant an individual relocation statement

The relocation statement sets out in writing the tenant’s housing and relocation entitlements, as approved by Homes NSW and may include:

• the type and size of the property you will be offered
• advice of the tenant’s subsidy entitlement
• advice of the tenant’s tenancy agreement conditions
• details of the allocation zone to which the tenant is approved to move
• details of the tenant’s need for special housing requirements, such as ground floor, home modifications etc.
• an estimation of relocation timeframe
• if relevant, a statement noting the tenant’s interest in returning to the redevelopment site
• details of the relocation/re-establishment expenses that Homes NSW is willing to meet
• details of the improvements/fixtures that Homes NSW has noted as requiring possible relocation or reimbursement
• advice of the number of offers the tenant will receive
• details of any additional agreements that have been made with the tenant
• information relating to Section 148 and 149 of the Residential Tenancies Act 2010 and Homes NSW's willingness to take action at the NSW Civil and Administrative Tribunal to terminate the tenancy if the tenant refuses all offers of suitable alternative housing
• the steps that the tenant can take to seek a review of any decision taken by Homes NSW to terminate their tenancy on the basis that the offers of suitable alternative housing have been rejected.

This relocation statement will be used as evidence in any review of the decision to terminate the tenancy; on the grounds that alternative social housing has been offered.

Confirming that Homes NSW's information about the tenant’s housing needs is up to date

Homes NSW will contact the tenant periodically, and at the time of making an offer of alternative housing, to ensure the tenant’s housing needs and circumstances are correct.

It is the tenant’s responsibility to respond in a timely manner. If they do not respond, Homes NSW will proceed on the basis of the information that it has previously collected.

Offering alternative housing to the tenant

Homes NSW will follow the approach set out in the Matching and Offering a Property to a Client policy to identify alternative properties that meet the needs of the tenant and their household.

Final offers of alternative housing made by Homes NSW to tenants who are being relocated for management purposes will be made under Section 149 of the Residential Tenancies Act 2010. A Notice of Intention to Issue a Notice of Termination will be issued to the tenant when Homes NSW makes a final offer of alternative housing. There is one exception, for younger tenants being relocated from Senior communities where their relocation statement has been issued within the six month transitional period. Refer to Relocation of younger tenants from Senior Communities properties for more information.

In exceptional circumstances, Homes NSW may decide to make one offer of alternative housing to tenants who are being relocated for management purposes. For more information see Relocation offers. In these cases, the offer will be made under Section 149 of the Residential Tenancies Act 2010. A Notice of Intention to Issue a Notice of Termination will be given to a tenant at the same time the offer is made.

When an appropriate property is identified, it will be offered to the tenant using the approach set out in the Matching and Offering a Property to a Client policy.

Recording the tenant’s response to the offer

Homes NSW will follow the approach set out in the Matching and Offering a Property to a Client policy to:

• record the tenant’s response to the offer, and
• if the tenant rejects the offer, decide whether the tenant’s rejection of the offer was reasonable.

Homes NSW may extend this timeframe for a short time if the tenant requests it and has good reasons for making the request.

Offer accepted – making final arrangements for signing the new tenancy agreement and relocation

Homes NSW will liaise with the tenant about:

• the date their new tenancy will start
• the arrangements for signing their new tenancy agreement
• arrangements for moving
• the arrangements for installing alterations in the new property where the Department of Planning and Environment has agreed to move or replace approved alterations made to the tenant’s current property
• payment of compensation where the Department of Planning and Environment has agreed to compensate the tenant for alterations that will not be moved or replaced.

Homes NSW will follow the approach in the Starting a Tenancy policy when signing the tenant to their new tenancy agreement.

First reasonable offer not accepted and the tenant will receive more than one offer

Where a tenant is to receive more than one offer, a second offer will be made.

Final reasonable offer not accepted - Notice of Intention to Issue a Notice of Termination

Before giving Notice of Termination of an existing agreement to a tenant, the landlord is to advise the tenant of the decision to do so by a notice in writing.

Section 149 of the Residential Tenancies Act 2010 specifies that the notice must be in writing and, among other things:

• contain particulars of why the landlord wishes the tenant to move to alternative premises, and
• state the tenant may apply to the landlord for a review of the decision within 14 days after the Notice of Intention to Issue a Notice of Termination is given to the tenant, and
• give particulars of how such an application may be made, and
• state the tenant is entitled to make representations to the landlord orally or in writing as to why the existing agreement should not be terminated.

For tenants being relocated for management purposes, a Notice of Intention to Issue a Notice of Termination will be issued to the tenant when Homes NSW makes a final offer of alternative housing.

A Notice of Termination cannot be given before the end of the 14 day period within which the tenant may apply for a review under Section 149 of the of the Residential Tenancies Act 2010 of the decision to give the Notice of Termination, or the end of the review itself.

Review by landlord

A tenant may decide whether or not to apply to the landlord for a review of the decision and make written or oral representations to the landlord as to why the existing agreement should not be terminated. If oral representations are made, the landlord will record a file note of such oral representations.

A tenant has 14 days after the Notice of Intention to Issue a Notice of Termination is given to apply to the landlord for a review.

If the tenant does apply to the landlord for a review, the landlord is to review the decision in accordance with the Procedures Approved by the Minister for Reviews under Section 149 of the (PDF 934.44KB)Residential Tenancies Act 2010.

The landlord must consider representations made by the tenant and the landlord must ensure that the tenant is allowed to adequately communicate or articulate their views.

To ensure that the tenant’s representations are fully and adequately considered, a Homes NSW officer of at least a Clerk Grade 9/10 level or equivalent, or a senior officer at managerial level of any other landlord of a social housing tenancy agreement (the ‘reviewer’) is, upon application by a tenant, to review the decision under Section 149 of the Residential Tenancies Act 2010 to issue a Notice of Termination.

The reviewer must, during the review, take into account those factors relevant to the Section 149 notice.

Relevant factors could include the following:

• The need to redevelop a particular property, neighbourhood, locality or estate.
• The extent of serious neighbourhood disputes.
• The requirements of the landlord to manage social housing tenancies in a manner which reduces neighbourhood disputes and social unrest.
• The requirement to ensure that the offer of alternative premises is such that the neighbourhood dispute or social unrest is so far as possible minimised and to that extent ensure that the offer of alternative premises is in such a locality whereby social unrest is minimised. In many cases, this will mean that a tenant may be offered alternative premises sufficiently distant from their existing premises as to make it most unlikely that the person may readily return to engage in further antisocial behaviour.
• The need to maximise the use of all housing resources.

The reviewer will consider:

• any representations made by the tenant, and
• the particulars of reasons provided by the initial decision maker in accordance with Section 149(3) 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.

Time within which review is to be heard and finalised

The reviewer shall hear and consider all required matters and record the considerations and proposed decision within seven calendar days of the receipt of the application for review from the tenant.

The reviewer will then refer their report to the Housing Appeals Committee.

Referral to the Housing Appeals Committee

The review will be referred to the Housing Appeals Committee to provide a ‘useful oversight function.’ The Housing Appeals Committee can make a non-binding recommendation to the landlord. The consideration by the Housing Appeals Committee will be available as an automatic separate and independent function.

Relevant considerations for the Housing Appeals Committee include:

• the consideration of the reviewer
• any representations made by the tenant
• the particulars of reasons provided by the initial decision maker in accordance with Section 149 of the Residential Tenancies Act 2010
• the Procedures Approved by the Minister for Reviews under Section 149 of the (PDF 934.44KB)Residential Tenancies Act 2010.

Time within which review is to be heard and finalised

With one exception, the Housing Appeals Committee shall be required to issue its recommendation within seven days after receipt of the matter from the reviewer.

The exception is:

• A review to determine the reasonableness of the first offer of social housing made to tenants being relocated for management purposes, will be completed within 21 calendar days of the receipt of the application from Homes NSW.

Decision of landlord

Upon return of the recommendation from the Housing Appeals Committee, the reviewer must consider any recommendation from the Housing Appeals Committee.

The reviewer acting for the landlord will, within a period of five days upon receipt of the recommendation from the Housing Appeals Committee, make the decision as required by Section 149(6) of the Residential Tenancies Act 2010.

After the review, the landlord may give a notice of termination of the existing agreement, advise the tenant that the landlord has decided not to give a notice of termination of the existing agreement, or make a new offer of alternative premises that differ from those the subject of the review.

The reviewer will notify the tenant of the decision.

Right to second review if new offer made

If there is a further review under Section 149(7) of the Residential Tenancies Act 2010 arising from a new offer of alternative accommodation, the second review will be conducted in a similar manner and with similar procedural requirements as to the first review.

Notice of termination

The landlord may give a Notice of Termination of the existing agreement to a tenant on the ground that the landlord has offered to enter into a new social housing tenancy agreement with the tenant with respect to alternative premises in accordance with Section 148 of the Residential Tenancies Act 2010.

5. Restriction and approval of rehousing location

Homes NSW may restrict relocation to certain locations:

• to minimise the risk of serious antisocial behaviour
• where there are limited properties in the location
• where the relocating tenant’s housing needs cannot be met in the location within a reasonable period of time
• where the relocating tenant’s support needs cannot be met in the location within a reasonable period of time
• where the tenant has nominated a high demand allocation zone but does not meet the locational needs criteria for that area
• where there is a legal restriction on the tenant or a member of their household living in a particular location
• where a person, agency or entity external to Homes NSW has made an assessment that a specific rehousing location would be inappropriate in specific circumstances and Homes NSW has accepted that assessment.

Homes NSW may approve relocation to certain locations. Where the nominated allocation area is high demand approval will be given:

• where the tenant is able to establish a locational need for the allocation area, and
• where Homes NSW considers that there is a reasonable prospect of the tenant’s housing and/or support needs being met in the location, and
• if there is a history of serious antisocial behaviour associated with the tenant or tenancy, Homes NSW considers there is a minimal risk of antisocial behaviour occurring in the new location, and
• where there is no compelling external reason why the tenant’s choice of location should not be approved.

Where the nominated allocation area is not high demand approval will be given:

• where Homes NSW considers that there is a reasonable prospect of the tenant’s housing and/or support needs being met in the location, and
• if there is a history of serious antisocial behaviour associated with the tenancy, Homes NSW considers that there will be minimal risk of the antisocial behaviour occurring in the new location, and
• where there is no compelling external reason why the tenant’s choice of location should not be approved.

6. Assistance with the relocation process (including returning to a property after redevelopment)

While each tenant’s situation will be different, the types of assistance that Homes NSW could consider include:

• assistance with moving expenses, utility reconnection fees, or establishment expenses in the new property
• reimbursement for approved alterations made to the tenant’s current property if alterations cannot be removed and the new property does not have comparable alterations or amenities
• moving approved alterations from the tenant’s current property to their new property and reinstalling them, after approval from the Department of Planning and Environment. Where a Homes NSW tenant is moving to a property managed by a community housing provider, the moving of any alterations will be negotiated with the community housing provider.

If the tenant is being relocated for portfolio management purposes, Homes NSW may provide assistance if it is satisfied that the expense is:

• reasonable, and
• incurred as a result of Homes NSW requiring the tenant to relocate to another property.

If the tenant is being relocated for tenancy management purposes, Homes NSW may provide assistance if it is satisfied that:

• if the assistance is not provided, the tenant is unlikely to be able to establish a successful and sustainable tenancy in the new location, and
• if the assistance is provided, it will assist the tenant to establish and maintain a successful and sustainable tenancy in the new location.

7. Relocation offers

Decision that the tenant is to receive one reasonable offer of alternative housing

The need to achieve Homes NSW's broader strategic or operational outcomes outweighs the desire of Homes NSW to make two offers of alternative accommodation to the tenant.

Broader operational outcomes can include:

• Homes NSW has a compelling financial or operational need to achieve the relocation within a specific timeframe and this timeframe is not reasonably achievable if the tenant is entitled to two reasonable offers of alternative accommodation.
• seeking to end a situation of antisocial behaviour or disruption in the neighbourhood associated with a particular tenant or tenancy
• a documented history of the tenant failing to respond to communications from Homes NSW within a reasonable period of time.
• a compelling external reason.

What is a reasonable offer?

An offer is reasonable if it will meet the client’s known housing and locational needs, and allows continued access to services, based on the merits of the information provided by the tenant during the relocation process.

For more information about the criteria Homes NSW applies to decide if an offer is reasonable, see the Matching and Offering a Property to a Client policy.

Extension of time to give written reasons why an offer of alternative housing was rejected

Homes NSW can extend this timeframe if:

• the tenant needs to obtain additional written documentation to support their decision to reject the offer, and it is not reasonably possible to get this documentation within the specified day time period, and/or
• health or disability circumstances affecting the tenant, or a member of their household mean that it is not reasonable to expect the tenant to provide written reasons within the timeframe.

8. Decision to give the tenant notice that Homes NSW intends to issue a Notice of Termination

Homes NSW is satisfied that:

• the tenant’s housing needs have been fully and correctly assessed.

9. Eligible to request to return to a property after redevelopment

Homes NSW will consider the request where:

• the tenant is being relocated so that their property can be redeveloped, and
• after redevelopment, properties on the site will be used to provide social housing.

10. Approval to return to a property after redevelopment

If the properties on the site will be managed by Homes NSW after redevelopment:

• the housing needs of the tenant and their household match the property characteristics of a property to be built at the site including:
  • number of bedrooms, and
  • specific features of the property, such as modifications or ground floor access that must be required by the household, and
  • if relevant, the tenant or a member of their household belongs to the client group to be housed at the site, and
  • there is no compelling operational or external reason why approval to return should not be granted.

If the properties on the site will be managed by a community housing provider after redevelopment:

• the housing needs of the tenant and their household match the property characteristics of a property to be built at the site including:
  • number of bedrooms, and
  • specific features of the property such as modifications or ground floor access that must be required by the household, and
  • if relevant, the tenant or a member of their household belongs to the client group to be housed at the site, and
• the tenant agrees to become a tenant of the community housing provider. Homes NSW , in conjunction with the community housing provider, can request that this happens either:
  • when relocated from the current property so that the redevelopment can occur, or
  • when returning to the site after the redevelopment is finished, and
• the tenant and their household are eligible for assistance under the policies of the community housing provider managing the properties, and
• there is no compelling operational or external reason why approval to return should not be granted.

Changing a tenancy - Under-occupancy

1. Offers made to tenants who initiated a transfer on the grounds of under-occupancy

A tenant who initiated a transfer on the grounds of under-occupancy will receive up to two reasonable offers of alternative accommodation.

2. Decision to apply a Vacant Bedroom Charge to a tenant’s rent subsidy

A Vacant Bedroom Charge will be applied if the tenant rejects a final reasonable offer of alternative social housing and Homes NSW is satisfied that:

• the tenant’s housing needs have been fully and correctly assessed, and
• the offer(s) of alternative housing that have been made to the tenant were reasonable offers in accordance with the Matching and Offering a Property to a Client policy.

The Vacant Bedroom Charge will be applied by adjusting the tenant’s rent subsidy. As a result, the subsidised rent the tenant pays will increase by:

• $20 a week per household if there is one person aged 16 years and over; and
• $30 a week per household for two or more people aged 16 years and over.

For more information, see the Charging Rent policy.

If at any time, a property is required for tenancy or portfolio management purposes, a tenant may be relocated, including a tenant who is paying a Vacant Bedroom Charge. Go to Relocating tenants for management purposes for more information.

Changing a tenancy – Mutual exchange

1. Criteria for approving a mutual exchange

Homes NSW will only approve a mutual exchange if:

• rent, water and other tenancy charge accounts are up to date, and
• the number of bedrooms is appropriate to the size of the household, and
• any damage to the current dwellings is fixed before moving, and
• the income of both tenants does not exceed the income eligibility limits for social housing (this condition may be waived if the exchange is related to a medical condition or disability that means the current housing is unsuitable), and
• there are no unresolved substantiated antisocial behaviour complaints against either tenant, and
• the tenants agree to accept the relevant type and length of lease when they move.

Homes NSW will generally not approve a mutual exchange if:

• one of the properties is part of a proposed redevelopment site or likely to be sold
• a property would be under-occupied by more than one bedroom, or severely overcrowded
• extensive modifications have been made to a dwelling to meet the needs of one of the tenants
• the exchange would result in a tenant losing an advantage gained by a previous transfer
• one of the properties is a Senior Communities property and the exchanging tenant does not meet the eligibility criteria for a Senior Communities property
• one of the properties is an Aboriginal Housing Office property and the exchanging tenant (or one or more of their household members) is not an Aboriginal and/or Torres Strait Islander person.

Changing a tenancy – Recognition as a tenant - Specific requirements for both Aboriginal and/or Torres Strait Islander people and clients residing in a public housing property and an Aboriginal Housing Office property

1. Formal and informal carers of children or young persons

The client is the formal or informal carer of children or young persons, and they:

• were not part of the household at the time the event occurred, and
• would not otherwise be able to provide suitable housing for the children or young persons therefore leaving them at risk of homelessness, and
• agree in writing to live in the property, and continue to provide care for the children, and
• are eligible for social housing.

In a situation where a formal or informal carer of children or young persons of the household does not meet the eligibility criteria for social housing, Homes NSW may decide to grant Recognition as a tenant if:

• the client can provide evidence they are the formal or informal carer, and
• it is in the best interests of the children, and
• the client can demonstrate that no alternative accommodation is available that is suitable for the care of the children.

In such circumstances, it may be necessary for Homes NSW Housing staff to liaise with DCJ child protection staff to ensure this is the best option for the children involved.

Homes NSW may approve Recognition as a tenant on the condition that the client agrees in writing that, if the care arrangement ceases, they will relinquish the tenancy.

Where a client claims to be the formal or informal carer of children or young persons of the household, they must provide proof, for more information see item 28 on the Evidence Requirements Information Sheet.

2. Evidence requirements for a live-in carer that has relinquished a property managed by Homes NSW

Where a client claims to have relinquished a social housing property to act as the live-in carer for the tenant or other household member, Homes NSW must verify the carer status with one or more of the following:

• proof that they receive the Carer Payment or Allowance as the carer for the tenant. For more information see item 21 on the Evidence Requirements Information Sheet
• documentation from the tenant’s health care professional that supports that the applicant is the carer.

Changing a tenancy – Recognition as a tenant – Specific requirements for all clients except Aboriginal and/or Torres Strait Island people or clients residing in an Aboriginal Housing Office property

1. Spouse or de facto partner 55 years of age or older

The client is the spouse or de facto partner of the tenant, they are 55 years of age or older, and they meet the eligibility criteria for social housing. However, they are not required to meet the income and asset eligibility criteria.

Where there are other household members residing with the spouse or de facto partner who is 55 years of age or older, the household is not required to meet income and asset eligibility for the purpose of assessment for Recognition as a tenant, however the household income and assets are considered for the purpose of assessment for subsidised rent.

For more information about the evidence requirements for a de facto partner, go to the Evidence Requirements for a De Facto Partner.

2. Other household members - including a spouse or de facto partner under 55 years of age

Homes NSW expects other household members including a spouse or de facto partner under 55 years of age, who are not eligible for the specific criteria for Recognition as a tenant set out above, to find alternative accommodation. This is most likely to be in the private rental sector.

Household members can apply for housing assistance, including social housing under Housing Pathways. They are expected to move out of public housing while they wait for allocation of a social housing tenancy from the NSW Housing Register. They can apply for housing assistance online, or by phone on 1800 422 322.

In exceptional circumstances Homes NSW may grant Recognition as a tenant to a household member. To be granted Recognition as a tenant and continue living in a property managed by Homes NSW , the client must demonstrate that they:

• meet the Common eligibility criteria for Recognition as a tenant, and
• are eligible for social housing, and
• have demonstrated they meet the criteria for priority housing assistance, including the requirement to demonstrate they are unable to meet their housing needs in the private rental market.

The existence of a Recognition as a tenant provisional lease does not deem the client ineligible for priority housing assistance. The client may still be in urgent need, and an appropriate assessment will be undertaken to determine if the client is able to resolve that need in the private rental market. For further information see the Eligibility for Social Housing policy.

Changing a tenancy – Recognition as a tenant – Specific requirements for Aboriginal and/or Torres Strait Island people or clients residing in an Aboriginal Housing Office property

1. Spouse or de facto partner

The client is the spouse or de facto partner of the tenant, who currently lives in the property, and they meet the eligibility criteria for social housing. However, they are not required to meet the income and asset eligibility criteria.

Where there are other household members residing with the spouse or de facto partner who is 55 years of age or older, the household is not required to meet income and asset eligibility for the purpose of assessment for Recognition as a tenant, however the household income and assets are considered for the purpose of assessment for subsidised rent.

For more information about the evidence requirements for a de facto partner, go to the Evidence Requirements for a De Facto Partner.

2. Other household members

The client is a member of the household, other than the spouse or de facto partner of the tenant, who currently lives in the property and is eligible for social housing.

3. Aboriginal and/or Torres Strait Islander clients who are not current household members

There are circumstances where Homes NSW will consider granting Recognition as a tenant to an Aboriginal and/or Torres Strait Islander client who is not a current member of the household.

• Former Aboriginal Welfare Board dwellings:
  • Where a tenant has been living in a property that was historically an Aboriginal Welfare Board dwelling, Homes NSW may approve Recognition as a tenant to the client as a descendant of the original occupants even if they have not been living in the dwelling. The client must meet all other eligibility requirements for Recognition as a tenant.
• Homes NSW tenancies:
  • Homes NSW may approve Recognition as a tenant where the applicant is an Aboriginal and/or Torres Strait Islander client who was not a member of the tenant's household at the end of their tenancy. Homes NSW will consider this where the applicant is the tenant's child or the tenant was active in their upbringing, they have grown up in the dwelling and have a long-term association with the dwelling and the area. The client must meet all other eligibility requirements for Recognition as a tenant.
• Aboriginal Housing Office tenancies
  • Homes NSW may approve Recognition as a tenant to an applicant where they are an Aboriginal and/or Torres Strait Islander client who was not a member of the tenant's household at the end of their tenancy. Homes NSW will consider this where they are the tenant's child or the tenant was active in their upbringing, they have grown up in the dwelling and they have a long-term association with the dwelling and area. The applicant must meet all other Aboriginal Housing Office eligibility requirements and all other eligibility requirements for Recognition as a tenant.

For more information see the Changing a Tenancy policy.

4. Recognition as a tenant to a non-Aboriginal client residing in an Aboriginal Housing Office property

The final decision as to whether a non-Aboriginal client should be granted Recognition as a tenant to an Aboriginal Housing Office property rests with the Aboriginal Housing Office.

When receiving an application for Recognition as a tenant from a non-Aboriginal client living in an Aboriginal Housing Office property, Homes NSW will apply the processes set out in the Recognition as a tenant – Aboriginal and/or Torres Strait Islander clients section above.

Homes NSW will usually recommend to the Aboriginal Housing Office that an application from a non-Aboriginal client be declined, unless they have clearly demonstrated they meet:

• the Common eligibility criteria for Recognition as a tenant, and
• the specific criteria under Specific criteria for Recognition as a tenant, or
• the specific criteria under Recognition as a Tenant - Options for Other Household Members - including a spouse or defacto partner under 55 years of age.

The recommendation will include identifying whether Aboriginal and/or Torres Strait children are part of the household.

Homes NSW will not agree to a request from the Aboriginal Housing Office, to provide a tenancy in a Department of Planning and Environment owned (public housing) property, for a client who has been approved for Recognition as a tenant by the Aboriginal Housing Office.

Changing a tenancy – Recognition as a tenant – exceptions and evidence requirements

1. Exceptions to minimum period of occupation

Homes NSW will consider applicants with a shorter period of occupancy in the following circumstances:

• Where the client was recently released from prison or institutionalised care, and they used to live in the tenancy, Homes NSW will assess the application on its merits. Homes NSW will not decline the application on the basis that the client was not living with the tenant while in prison or institutionalised care.
  • Factors that Homes NSW will consider are:
    • the likelihood of the client living in the household if they were not in prison or institutionalised care, and
    • the tenancy history, and
    • their ability to otherwise meet their housing need.
• Where the client has relinquished a social housing tenancy to act as a live-in carer to the tenant or a member of their household, Recognition as a tenant may be granted even if they have not been part of that household for the past two years.
• A spouse or de facto partner will be considered for Recognition as a tenant even if they have temporarily moved away for reasons related to the illness of the tenant, care of an ill person or their own ill-health. The spouse or de facto partner must provide evidence that their temporary absence was due to these reasons.

2. Evidence requirements for a de facto partner

Where a client claims to be the de-facto partner of the tenant, Homes NSW must verify that the relationship is de facto. This verification is based on the Property (Relationships) Act 1984. This Act gives important rights to de facto partners when settling private property and other assets.

The Act defines a de facto relationship as a relationship between two adult persons, of the same or opposite sex, who:

• live together as a couple, and
• are not married to one another or related by family.

The Act gives additional property rights to adults who have been in a de facto relationship for two or more years.

When it is difficult to determine the nature of the relationship, an appropriate officer may ask to interview the client. If the information requested has been provided and there has been a reasonable amount of inquiry, yet staff are still in doubt as to the de facto status of the relationship, the benefit of the decision will go to the client.

If Homes NSW does not accept that a de facto relationship exists, the client may apply for Recognition as a tenant based on being a household member other than the spouse or de facto partner of the tenant.

To verify a de facto relationship, Homes NSW will consider such information as:

• Centrelink income statements
• its records of when the client joined the tenancy
• the local team’s knowledge of the history of the tenancy.

Where Homes NSW accepts that a client is the de facto partner of the tenant, they will be assessed as a spouse.

3. Evidence Requirements for an unauthorised occupant living in a property

Where a client claims to have been living in a property at the time the Recognition as a tenant event occurs and Homes NSW is unaware that they are living there, Homes NSW must verify the status of the client for their eligibility for a provisional lease. Documents of evidence include, but are not limited to:

• current Centrelink statement
• current utility bills
• current drivers' licence or NSW Photo Card.

Changing a tenancy – Type and length of lease offered

1. Type and length of lease after a transfer or mutual exchange

Tenants on a continuous lease, who were housed before 1 July 2005, retain their rights to a continuous tenancy agreement when relocating through a transfer (including clients approved to vacate to the private rental market and receive a Private Rental Subsidy) or mutual exchange.

Tenants on a fixed term lease will receive the remainder of their existing lease if they transfer or exchange before the lease review date.

Where the tenant is eligible for a lease extension, and the household relocates between the lease review date and the lease end date, they will be offered a lease extension of two, five or 10 years.

Tenants on fixed term leases who transfer or mutually exchange must sign a new tenancy agreement.

Tenants on fixed term leases who, after being approved for a transfer and the provision of a private rental subsidy, vacate to the private rental market, will be offered a new two, five or 10 year fixed term lease. The lease term will be based on an assessment of the current household circumstances when they accept an offer of alternative public housing.

Where the tenant and their household are assessed as no longer eligible following a lease review, Homes NSW will not proceed with the transfer and the application will be closed. In exceptional circumstances, a tenant on a fixed term lease who is assessed as not eligible for a lease extension may be considered for emergency temporary accommodation rather than a transfer.

Homes NSW will only consider emergency temporary accommodation where the tenant is proven to be at imminent risk in their current property. In this circumstance, Homes NSW will offer the tenant a three month fixed term lease to cover the remaining term of their existing lease.

2. Type and length of lease after relocating for management purposes

Tenants on a continuous lease, who were housed before 1 July 2005, retain their rights to a continuous tenancy agreement when relocating for management purposes.

Tenants on fixed term leases will receive the remainder of their existing lease if they relocate before the lease review date.

Where the tenant is eligible for a lease extension, and the household relocates between the lease review date and the lease end date, they will be offered a lease extension of two, five or ten years. The lease term will be based on an assessment of the current household circumstances.

3. Type and length of lease after tenancy reinstatement approval

Former tenants approved for tenancy reinstatement will be offered the type of lease they had when they left public housing. Where the former tenant previously had a continuous lease, they will be offered a new continuous lease. Where the tenant had a fixed term lease, they will be offered a new two, five, or ten year fixed term lease. The lease term will be based on an assessment of their current household circumstances.

4. Type and length of lease after Recognition as a tenant

In most cases, a client approved for Recognition as a tenant will be offered a fixed term lease based on assessment of their circumstances, regardless of the type and length of lease offered to the previous tenant. Where the previous tenant had a continuous lease, only the spouse or de facto partner will be offered a continuous lease.

A spouse or de facto partner residing in an Aboriginal Housing Office property or who is an Aboriginal and/or Torres Strait Islander person and residing in public housing has different entitlements. The type and length of lease offered will be the same type of lease as that of the previous tenant. Where the previous tenant was on a fixed term lease the spouse or partner will be offered the remainder of that fixed lease unless the succession of tenancy occurs between the lease review date and the lease end date. In this case the spouse or partner will be offered a new fixed term lease based on an assessment of their current household circumstances.

Ending a tenancy – Categorising a tenancy

Homes NSW and community housing providers participating in Housing Pathways will apply the same types of categories to former social housing tenants. However, a community housing provider may have their own policy which they may use to determine which category should be applied to a particular tenant.

Assessing former social housing tenancy debts under the NSW Limitation Act 1969

Under section 14 of the NSW Limitation Act 1969 a client can only be held legally responsible for a debt from their former social housing tenancy for a period of:

• six years from the date that the debt was first incurred.
  • If the debt is acknowledged or payment is made in that six years, debt repayments can continue to be accepted for an additional period of six years from the date of acknowledgement or last payment. After that the client cannot be held legally responsible for the debt, or
• 12 years from the date of a court order if a judgement has been obtained against a former tenant regarding that debt.
  • Debt repayments can be accepted for a period of 12 years from the date of judgement. If only partial payment is received in those 12 years, payments can continue to be accepted for a further six years from the date of last payment.

A tenant is responsible for a debt for six years after the NCAT has made orders that the debt is payable. That time period can be extended by six years to 12 years if the NCAT orders are ratified by a Court (e.g., the Local Court) within six years of the date of the NCAT order.

If the above time periods for acknowledging or repaying debt have expired, the social housing provider can still categorise the former tenant based on the amount of debt that they were previously responsible for and apply some conditions when determining the client’s eligibility for further housing assistance. For more information on which conditions can be applied see Specific conditions for former social housing tenants.

Assessing the circumstances of the client when applying a category

Before applying one of the following categories to a former social housing tenant the social housing provider must ensure their organisation’s policies for managing the relevant tenancy issue have been followed. This includes taking into account any special circumstances and support needs of the client and ensuring there is the required evidence of a tenancy issue.

For more information see the Homes NSW:

• During a Tenancy policy regarding antisocial behaviour and other breaches of the tenancy agreement
• Account Management policy regarding management of arrears for rent, water and other charges
• Tenant Repair Costs policy regarding damage to a property
• Ending a Tenancy policy regarding abandonment of a property
• Tenancy policy supplement regarding tenants who relinquish their tenancy or have their tenancy terminated as a result of an absence and Homes NSW’s requirement to notify a former tenant of their category
• Rent Subsidy Non-Disclosure policy regarding being found guilty of social housing rent subsidy fraud in the criminal courts.

Former tenant categories applied by social housing providers

1. Eligible for a statement of satisfactory tenancy - tenants only

To be eligible for a tenancy statement, former social housing tenants must:

• not have breached their tenancy agreement, and
• have a current nil or credit balance on all linked accounts (rent, water, repairs and former tenancies), and
• have a satisfactory payment performance in respect of those accounts for the 12 months prior to the eligibility assessment for a tenancy statement.

For more information see the Private Rental Assistance policy.

Former tenants who were evicted (or left under threat of eviction) after their tenancy was terminated under Section 143 or 148 of the Residential Tenancies Act 2010 will be eligible for a tenancy statement provided they do not have other breaches outlined in the other categories listed in this policy.

Community housing tenants cannot apply for statements of satisfactory tenancy from Homes NSW. These tenants may be eligible for a similar product, if offered by their community housing provider.

2. Satisfactory former social housing tenants

This category applies to former social housing tenants who did not breach their former tenancy agreement. It also applies to former tenants who moved out of social housing:

• owing the provider less than $500 in rent, repairs, water usage or other charges, and
• where no more than two Strike Notices for antisocial behaviour were issued within the last two years of their tenancy.

Former satisfactory tenants will be eligible for a statement of satisfactory tenancy once:

• they have fully repaid any outstanding debts to the provider, and
• they have a satisfactory payment performance for the 12 months prior to their assessment for a statement.

3. Less than satisfactory former social housing tenants

Less than satisfactory former social housing tenants include those who:

• left the property of their own accord (without being evicted or being under threat of eviction or under a current Notice of Termination), or
• left the property through termination action under Section 143 and 148 of the Residential Tenancies Act 2010 (or Section 63B and 63F of the Residential Tenancies Act 1987), and:
• moved out owing the provider more than $500 in rent, repairs, water usage or other charges, or
• abandoned the property, or
• left the property in an unsatisfactory condition, or
• had substantiated complaints of antisocial behaviour that fell within the category of minor and moderate or serious antisocial behaviour.

Clients will be considered as less than satisfactory former tenants when substantiated complaints of antisocial behaviour in these categories resulted in the following action:

• a Notice of Termination being issued for antisocial behaviour
• an order obtained from the NSW Civil and Administrative Tribunal that a tenant had breached their tenancy agreement for antisocial behaviour, such as a Specific Performance Order. If an Order of Possession was sought, go to Unsatisfactory former social housing tenants.

Where incidents of antisocial behaviour are the result of complex needs, for example intellectual or psychiatric disability, social housing providers have in place senior specialist and/or Aboriginal specialist positions to assist the tenant with referrals for adequate support from the appropriate support agencies.

In determining when to apply the category the social housing provider will take into account factors such as:

• the level of cooperation from the tenant throughout the process of managing the issue, and
• any special circumstances or support needs of the tenant.

4. Unsatisfactory former social housing tenants

Unsatisfactory former tenants include former tenants who:

• were evicted from their tenancy due to a breach of the tenancy agreement, or
• vacated before an Order of Possession to evict them was enforced for a breach of the tenancy agreement, or
• had their tenancy terminated in accordance with a NSW Civil and Administrative Tribunal order and were signed to a new tenancy agreement, or
• are “repeat” less than satisfactory tenants (that is, they have moved out of a social housing property more than once and on more than one occasion were assigned a less than satisfactory category), or
• had substantiated complaints of minor and moderate or serious antisocial behaviour and:
  • were evicted, or
  • an Order of Possession was being sought but they vacated before the order was obtained, or
  • vacated before an Order of Possession to evict them was enforced.

Former tenants who were evicted or vacated under threat of eviction based on terminations under Section 143 of the Residential Tenancies Act 2010 (not eligible to reside in social housing) and Section 148 of the Residential Tenancies Act 2010 (the tenant rejected an offer of alternative social housing), or previously under the Residential Tenancies Act 1987 (Section 63B or 63F), will not have this eviction action included in the former tenant category assessment.

5. Ineligible former social housing tenants

Former tenants who are ineligible for social housing include those who:

• were evicted for an extreme breach of their tenancy agreement, or
• an Order of Possession was being sought but they vacated before the order was obtained for an extreme breach, or
• vacated before an Order of Possession for an extreme breach could be enforced.

Examples of extreme breaches may include:

• severe illegal antisocial behaviour, such as:
  • committing injury towards a neighbour or visitor which constitutes grievous bodily harm
  • physical assault or acts of violence against other tenants, neighbours or social housing staff or their contractors where there is no grievous bodily harm
  • the use of the premises for the manufacture, sale, cultivation or supply of any prohibited drug
  • the use of the premises for storing unlicensed firearms.
• Serious antisocial behaviour, which resulted in a direct application for termination at the NSW Civil and Administrative Tribunal under Section 92 of the Residential Tenancies Act 2010 for threats, abuse, intimidation or harassment by the tenant, or a member of their household, toward social housing staff or their contractors.
• the tenant or a member of their household was convicted of arson or deliberate damage of a social housing property, making it uninhabitable.
• the tenant, or a member of the household, is found guilty of social housing rent subsidy fraud in the criminal courts.

Conducting an unauthorised business is an illegal use of the premises, however it is not an illegal activity unless the business itself is unlawful.

Only Homes NSW Executive District Directors or the Chief Executive of a community housing provider can determine whether a former social housing tenant is ineligible for social housing due to a serious breach of their tenancy.

In cases where the former tenant lived in an Aboriginal Housing Office property, the Chief Executive Officer of the Aboriginal Housing Office will determine whether the former tenant is ineligible for further housing assistance, following advice from the social housing provider.

Regarding Aboriginal former tenants, the Chief Executive Officer of the Aboriginal Housing Office will provide advice. The final decision about ineligibility for housing rests with the social housing provider.

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

1. Transferring from public housing to a community housing provider

Homes NSW transfers the tenancy management duties of some tenancies to community housing providers. This does not affect every tenancy across NSW, only those specifically identified by Homes NSW. The NSW Government passed legislation in October 2016 that made transfer of the management of Homes NSW tenancies to community housing providers automatic. Given these legislative changes, the transfer of tenancy management to a community housing provider is not an appealable decision and Homes NSW is able to transfer the management without the client’s consent.

Amendments to the Housing Act 2001 allow Homes NSW to provide personal and health information related to tenants and their household members to the community housing provider assuming the tenancy management to enable them to adequately prepare for the transfer.

2. Tenancy management transfer – Absence from property

If a tenant has been approved by Homes NSW to be absent from their property, then the community housing provider assuming the tenancy management must accept the decision until the end of the approved period.

At the end of the approved period the community housing provider may then apply their own policy/practice for further assessing the client’s absence.

3. Tenancy management transfer changing a tenancy – Lease terms

Tenants will not see any changes to their lease term when the management of their tenancy transfers to a community housing provider. Once the lease term ends, the community housing provider will apply their own policy to issue additional leases. In the case of those tenants who were on a continuous lease at the time of management transfer, they will remain on this lease until they vacate the property.

4. Tenancy management ending a tenancy – Categorisation

Homes NSW will not assign a former tenant classification to tenancies transferred to community housing providers as the tenancy agreement continues under a concurrent lease.

At the end of the tenancy under the management of the community housing provider, the client must engage the community housing provider for any tenancy related statement or categorisation.