Tenant recognition in Homes NSW properties

Recognition as a tenant is when a Homes NSW managed tenancy is transferred to another eligible member of the household. This can happen when the tenant has left the property due to health reasons, has been imprisoned, or has died.

Recognition as a tenant ensures that eligible members of the household can stay in their home.

If you are Aboriginal or Torres Strait Islander or living in an Aboriginal Housing Office property, visit recognition as a tenant for Aboriginal households for information.

Housing options

When the tenant is no longer living in the Homes NSW managed property, Homes NSW can provide options based on your housing needs. These include:

• a six month lease where you pay subsidised rent to give you time to look for new housing
• if eligible, the opportunity to apply for recognition as a tenant so you can continue living in public housing, or
• help with other tenancy facilitation.

6 month lease application process

Eligibility criteria for a 6 month lease

You can apply for a 6 month provisional lease if:

• the tenancy has been handed back or has ended under the Residential Tenancy Act 2010
• you are a member of the household or a formal or informal carers of the children or young persons in the household at the time of the event
• you are an Australian citizen or permanent resident
• you have lodged your application within 6 weeks from when the tenant:
  • left as a result of imprisonment
  • left due to health reasons such as entered a nursing home or institutionalised care facility
  • had died.

Applying for a 6 month lease

1. Fill out the Recognition as a tenant application form. You can find the form online or at your local Homes NSW office.
2. Return the form to your local office along with any supporting documentation. The evidence requirements information sheet has information about supporting documentation.

Reviewing your six month lease application

Assessments for a 6 month provisional lease have different criteria than an application for housing. This means you do not have the same rights as those who have applied for social housing. For example, you can’t request a mutual exchange or transfer.

Recognition as a tenant application process

Eligibility criteria for recognition as a tenant

You can ask to be recognised as a tenant if you are:

• eligible for social housing
• an approved additional occupant of the property with a satisfactory history of occupation for at least two years
• a spouse or de facto partner 55 years of age or older (including same-sex partners)
• a formal or informal carer of the children or young persons in the household at the time of the event
• a client who relinquished a Homes NSW tenancy to act as a live-in carer to the tenant or other household member
• other household members who are assessed by Homes NSW as meeting priority housing criteria.

For more information about tenant recognition eligibility, talk to your local Homes NSW office or read the Changing a Tenancy policy.

Applying for tenant recognition

1. Fill out the Recognition as a tenant application form. You can find the form online or at your local Homes NSW office.
2. Return the form to your local office along with any supporting documentation. The evidence requirements information sheet has information about supporting documentation.

Reviewing your tenant recognition application

We will assess your application for recognition as a tenant and advise you of the outcome in writing.

If approved as a tenant, we will offer you a lease. It will be for 2 years, 5 years, 10 years or continuous depending on your circumstances. In most circumstances the tenancy that is offered will be for the property you are living in. In some cases however, you may be required to relocate to a property that better matches your housing needs. This may happen, for example, if the property you are in is too large for your needs or has been modified to suit a client with specific requirements.

If you are not approved as a tenant, you can have the decision independently reviewed. If you gave written agreement on your application form, a review will be done automatically. If you would like additional information about your situation to be considered, you have 7 days to provide it to your local office. You can also request a review by filling out a review of decisions form. If your application is still declined after the review, your file will be sent to the Housing Appeals Committee for an independent review.

For further information on how a formal review works, visit appeals and reviewing decisions.

If your appeal is unsuccessful we require you to leave the property at the end of your lease. You can apply for housing assistance, including assistance to start a private rental tenancy. If you do not leave the property, Homes NSW will commence action to terminate the tenancy at the NSW Civil and Administrative Tribunal.