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Policy

Changing a Housing Tasmania Tenant

SDMS ID Number

P2012/0179-053

SDMS Title

Changing a Housing Tasmania Tenant Policy P2012/0179-053

Effective From

1 October 2013

Applies to

Housing Tasmania tenants

Custodian

Manager Housing Strategy

Summary

This policy outlines how Housing Tasmania manages and processes request for changing the tenant, the person who is legally responsible for the tenancy.

Replaces Doc. No.

n/a

Author Area

Housing Strategy Social and Affordable Housing Policy Unit

Contact

Manager Housing Operations

Review Date

October 2017

Policy Purpose

The purpose of this policy is to highlight that Housing Tasmania recognises that sometimes households change. When they do, sometimes it is necessary to consider transferring the tenancy to another person in the household.

There may be a variety of circumstances where this needs to occur so this policy does not outline a list of when transferring the tenancy to someone else might be needed.

This policy applies to either a declared household member or a joint tenant applying to become the sole tenant of a Housing Tasmania property.

Policy Intent

The intent of this policy is to ensure clients in need of housing assistance and/or support:

receive a service that is client focussed;

are responded to in a timely way;

receive services that are integrated and responsive to prevent and reduce episodes of homelessness or repeat episodes of homelessness;

are serviced by a skilled and supported workforce;

have their rights respected

Application

This policy applies to all Housing Tasmania and Aboriginal Housing managed properties in Tasmania.

Housing Tasmanias obligation

Housing Tasmania has a legal relationship with the tenant, or the person who has signed the lease originally. This does not mean that Housing Tasmania will not consider the other household members when deciding what the best outcome is for the tenant (where relevant) and the household.

Depending on the circumstances a referral to Housing Connect may be necessary.

Minimum Time Living at the Property

Any household member who wishes to become the tenant must have been declared and living in the property for at least six (6) months or longer when the transfer of the tenancy request to that person is made.

This ensures that people are not gaining an unfair advantage over applicants on the waitlist and becoming a tenant outside of a legitimate process.

Criteria for Changing tenants

In deciding if a succession of tenancy of a household member is the appropriate action the following will be taken into consideration:

the applicant must be a declared household member for at least six months prior to the request;

the person must be a minimum of 16 years of age;

the applicant must be eligible;

the original tenant must have been the tenant for at least 12 months;

the property will be taken over as is with no special maintenance work or upgrade work occurring before or after the tenancy changes;

at the time the tenant changes the rental account must not have arrears owing;

the change of tenant must reflect good asset management practices such as correct bedroom entitlements and future needs of the tenant and household members.

Household members will be considered for succession of the tenancy but other factors in the decision making process will be considered.

Joint Tenancies

Where a joint or co-tenancy exists, Housing Tasmania will apply the eligibility criteria.

A remaining joint tenant will need to prove they are eligible for public housing to have the tenancy transferred into their name as the remaining and only tenant. This person will need to provide up to date information to ensure they remain eligible.

If the joint/co-tenant is no longer eligible, a fixed term lease of up to three months may be established with the understanding that the lease will not be renewed when the lease expires. The tenant must find alternative accommodation before the lease expires. Discretion may be applied to extend the lease for a further three months if required.

If other household members wish to become a joint tenant after the fix term lease has been signed, this policy will apply and the request will be assessed as a new request separate to the original request. .

Condition of Property

Where tenancy change to the tenant is required or requested, Housing Tasmania must complete a condition of property inspection before the tenancy is transferred.

This will determine what is fair wear and tear and what damage is the tenants responsibility.

It must be clearly explained to the current tenant/s that the new tenant becomes responsible for the property as it is. If there is any damage that is the tenants responsibility, it will up to the new tenant to make sure it is fixed if the tenant ever moves out. Housing Tasmania will not make any specific alterations or repairs to the property just because the tenancy is being transferred to another person.

Fixed term leases for public housing eligible tenants

In all cases, tenants being signed to a lease after changing the tenancy arrangements will always be offered a fixed term lease. Leases of no fixed term will not be offered by Housing Tasmania.

Where the tenant is living in a suitable property, Housing Tasmania transfer options should be discussed with the tenant. Where appropriate, refer the client to Housing Connect for assessment of other housing options and support needs, if necessary.

Death of a tenant

Where the deceased tenant has a surviving partner or joint tenant, the tenancy may be transferred upon request.

Housing Tasmania may wish to transfer a tenancy to surviving children where they have reached the minimum age for Housing Tasmania eligibility. Children must have been listed on the Household income Statement for at least six (6) months and once again this decision must reflect good stock management principles.

Referral to Housing Connect

The circumstances in which tenancy is succeeded may require a referral to Housing Connect. In some circumstances, a tenant may need assistance and support to maximise their chances of succeeding in their tenancy.

Tenants have their assistance and support need assessed with Housing Connect.

Discretion

The Area Manager has the discretion to make decisions in cases where the policy does not effectively apply. This supports the creation of mixed communities which promotes social and economic opportunities for all clients.

Legal Framework

This Policy adheres to the Residential Tenancy Act 1997 where relevant.

Exemptions

If required and we want to include publicly.

Responsibilities/ Delegations

All Housing Operations staff are responsible for ensuring the appropriate application of the policy. Area Managers are responsible for Area management including policy application.

Disclaimer

This is a statewide policy and must not be re-interpreted so that subordinate policies exist. Should discrete operational differences exist, these should be expressed in the form of an operating procedure or protocol that must be approved at the same level as this policy.

Audit and Compliance

Failure to comply with this policy, without providing a good reason for doing so, may lead to disciplinary action.

Compliance with this policy is monitored by the Manager Housing Services, through the delegated Area Managers.

Procedures and Forms

Changing a Housing Tasmania Tenant

Related Policies

Rent Account Management

Glossary

n/a

Policy Title and Version

Changing a Housing Tasmania Tenant v4.0

Effective Date

1 Oct 2013

Review Date

October 2019

Document Number

P2012/0179-053

Replaces Document Number

n/a

Custodian

Housing Tasmania, Social and Affordable Housing Policy

Approved by

Manager Housing Strategy

This Policy may be varied, withdrawn or replaced at any time. Compliance with this directive is mandatory for the Department of Health and Human Services. Please Destroy Printed Copies. The electronic version of this Policy is the approved and current version and is located on the Agencys intranet. Any printed version is uncontrolled and therefore not current.

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