PolicyTenant Property ChangesSDMS ID Number P2012/0178-015SDMS Title Tenant Property Changes – Policy – P2012/0178-015Effective From October 2013Applies to Housing Tasmania tenantsCustodian Housing TasmaniaSummary This policy is to provide a framework for tenants wishing to

make alterations to their home.Replaces Doc. No. n/aAuthor Area Housing Strategy – Social and Affordable Housing Policy UnitContact Manager, Housing OperationsReview Date July 2019

Policy Intent This policy is designed to:• provide information regarding the processing of tenant

requests to start any work on a Housing Tasmania property

• Provide boundaries regarding the processing of requests by organisations that are managing public housing property to undertake any work on a property owned by the Director of Housing.

• Assist the process of valuing ‘tenant improvements’ when a property is being sold to sitting tenants.

Application For the purposes of this policy, ‘property’ refers to any structure or chattels, any internal and external features including fences and any garden structures, that are present on the site at the time the tenant signs the lease.As the owner, Housing Tasmania has the right to manage the public housing properties in a way that allows best use of the properties and the budget available to complete maintenance and upgrades.This policy applies to all public housing and Aboriginal housing tenants and properties in Tasmania.

Tenant Alterations and the Lease

The Housing Tasmania lease prohibits public housing tenants from making any amendments to the home a tenant rents or any other public housing property.Section 3.11 part (f) of the Housing Tasmania Lease Agreement states:‘You must not make any alteration or addition to the premises. This includes renovations and structural improvements. This also includes not moving chattels, fixtures or fittings from the place that they are installed in the premises at the start of your tenancy.”Clause 4.5 (f) of the Community Tenancy Lease Agreement states:“[the organisation shall:] Not make any alterations or addition to the Premises or to any part thereof, or any of the Director’s fixtures and fittings, without consent in writing of the Director first had and obtained and not to carry out any such permitted alterations except by workman of whom the Director shall have approved, and all such alterations are to be to the reasonable satisfaction of the Director.”

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Tenants also have additional responsibilities as the lease holder whilst they reside in a public housing property and are responsible for any repair for damage that is not determined to be fair wear and tear.

Permission and approval

Housing Tasmania understands that tenants may want to make changes to their home for a range of reasons. As the owner, Housing Tasmania needs to make sure that Housing Tasmania properties are maintained to a consistent standard. Not all tenant changes will be approved because Housing Tasmania must then maintain these changes and is not always able to do this.This is why all tenants need to obtain written permission from Housing Tasmania before commencing any work on a public housing property.This means, any tenant wanting to do work on their public housing home will need to fill out a Tenant Property Alteration Request Form. This is available from a Housing Tasmania Area office. It is important you speak to Housing Tasmania about your request before filling out the form.Organisations renting properties from Housing Tasmania under a Community Tenancy Lease Agreement should discuss any desired alterations with Housing Tasmania, who can direct their query to the appropriate staff for consideration. A formal written proposal from the organisation may be required.

Approval Parameters

All requests will be considered on a case by case basis. This is because all requests are specific and each property is different.Only basic works that are non-structural will usually be approved. Tenants should talk with a Housing Tasmania officer before completing the request form. This will help us to understand what changes are wanted and we can discuss whether it is likely to be approved.In general, Housing Tasmania will not approve requests that need Council planning approval or that alters the house a great deal. This includes larger sheds, extensions, changes to internal walls, installation of carports or garages and the installation/erection of a pool or pond.Even if Council approval is not needed, you must talk to Housing Tasmania first. This includes garden sheds, even though smaller sheds do not need Council planning approval. Talking to Housing Tasmania first helps save tenants from

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being issued maintenance charges later.Tenants who are unsure of the local Council approval processes must contact the relevant Council directly before discussing with Housing Tasmania. It is important to do this, as different Councils may have different rules. TasWater will also need to be consulted by the tenant. As part of the approval assessment process, Housing Tasmania will investigate any requirements as deemed necessary.Any discussions with Housing Tasmania about property changes (including the completion of the request form), does not mean approval has occurred and that you can start work on your public housing home.Housing Tasmania will largely make the decision based on the property, rather than the tenant history or tenant’s needs.Tenant property changes or modifications cannot start without formal written approval from Housing Tasmania.

Social Housing Organisations

Non-Government organisations renting properties from Housing Tasmania may have special requirements for larger scale additions and alterations. Any work requiring structural changes and or Council approval must be referred to Housing Tasmania in the first instance. Housing Tasmania may consider these alterations.Social housing organisations unsure of the local Council approval processes must contact the relevant Council directly before discussing with Housing Tasmania. It is important to do this, as different Councils may have different rules.However, the organisation should not submit any proposals or plans to their local council and or make any commitments to undertake the work without having first sought and obtained written approval from Housing Tasmania. The issue of costs should be discussed with Housing Tasmania before any commitment is entered into regarding alterations.Note: When seeking advice on whether approval is required from Council it should be sought from both the Building and Planning Sections of Council as these areas have different criteria. TasWater will also need to be consulted.

Making the request The tenant must make all requests to do work on their public housing home in writing using the Housing Tasmania form. This form is available from Housing Tasmania Area offices. All written requests are assessed by the relevant Area Manager or

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another senior manager.Only the tenant (or the person that has signed the lease) can request to make a property alteration. No other household member can do this instead of the tenant, with or without the tenant’s knowledge.Occupational therapists may provide a written request for modifications to a property on behalf of the tenant. The final decision will be made by Housing Tasmania.Social Housing organisations should contact the Housing Tasmania Area Office to discuss their specific circumstances before starting any alterations.

Approval and Declines

Housing Tasmania will notify tenants and social housing organisations in writing using the relevant Tenant Property Alterations ‘approved’ or ‘declined’ standard letter.Tenants can expect that notification from Housing Tasmania within 30 days from the date of receipt of the completed request form.

Changes made without approval

If a tenant makes changes to a public housing property without written approval from Housing Tasmania, this is considered a breach of the lease and a Notice to Vacate may be issued. The Area Manager will make the final decision in this regard.Housing Tasmania will instruct the tenant to return the property to the original condition and the tenant will need to pay for the whole cost of getting the property back to the original condition.In these cases, Housing Tasmania will ask the tenant to sign a Condition of Property Plan so that it is clear what needs to be done by when. The timeframe may be short if the alterations are structurally unsound.If the property is not returned to the original condition as agreed, Housing Tasmania may arrange for the building works to be completed and the cost will be passed onto the tenant, either during the tenancy or on vacation, whichever is relevant and appropriate.If any alterations made without approval are determined when the tenant vacates, the tenant will be charged.If an organisation makes changes without approval, the Service Agreement should be referenced and actioned as

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appropriate by Housing Tasmania.

Standard of the work completed

Approved property changes must be done to a standard that Housing Tasmania is happy with and that meets relevant building and regulatory codes.Housing Tasmania may need to inspect the works on completion. If the works are not finished well and within the timeframe determined by Housing Tasmania, the tenant will be instructed either to return the property to the original condition or to ensure the alterations are rectified to the required standard. Inspection of the changes made may occur after the tenant has vacated and costs may be passed on to the tenant at this time.

Condition of Property Reports

Housing Tasmania completes home visits for the purpose of inspecting the property condition.If work on the property has been completed and Housing Tasmania is not happy with it, the tenant may be required to return the property to the original condition when they leave. This can happen with or without permission from Housing Tasmania. Housing Tasmania may talk through this with tenant at the time of the condition of property inspection.Either way, tenants need to be aware of Section 11.1 (b) of the lease which says:“…When either of us lawfully terminates this Lease you must… leave the premises as nearly as possible in the same condition as set out in the Condition Report apart from reasonable wear and tear”

Housing Tasmania maintenance responsibilities

Housing Tasmania provides homes for people that are clean and in good condition at the start of the tenancy. Maintenance and repairs will be undertaken as it is needed.Housing Tasmania will:• provide a house that is clean and in a satisfactory

condition when the tenant moves in• ensure that all houses we manage continue to be safe

and maintained• undertake emergency and urgent repairs as quickly as

possible• undertake other repairs within 28 days, but sooner

whenever we can.Page 6 of 9

Housing Tasmania is not responsible for the maintenance of renovations or home improvements a current tenant may complete. Housing Tasmania will not maintain any fixtures or fittings during a tenancy that have been installed by the current tenant, such as additional heating, new carpet or screen doors.In general, Housing Tasmania will not maintain non-standard items in properties that may have been installed by previous tenants. Housing Tasmania often needs to remove non-standard changes when they stop working or are damaged beyond repair and to not replace such items.

Refunding money paid for work completed

Any approved alteration work costs will be the responsibility of the tenant.Housing Tasmania will not pay back public housing tenants for any changes or work completed by the tenant, approved or otherwise.For example, if the tenant installs security doors on a public housing home, the cost of the security doors including installation and maintenance will be the responsibility of the tenant.Tenants may remove such items when they vacate, but the property must be returned to the original condition. Any costs for work done to repair or remove changes made after the tenant moves out will be passed onto the tenant for payment. This can be very expensive, so it is important that tenants understand the cost and this can include removal or changing it back when they move out.

Purchase of property by sitting tenant/s

Public housing tenants purchasing the property they are renting may have the value of approved real estate improvements they have undertaken taken off the purchase price.Only works approved under this policy will be valued by the Office of the Valuer General. As a consequence tenant chattels will not be included in the valuation. Similarly landscaping (unless approved under this policy) and gardens will not be included.

When properties are being sold to tenants, the Area Office will note any changes the tenant may have made.

Future Property If a request is approved by Housing Tasmania, the approval Page 7 of 9

Changes will only relate to the specific request.If a tenant wants to make any more alterations, the tenant must complete another Tenancy Alteration Request Form before starting any more changes. The tenant must wait for a reply letter from Housing Tasmania.

Discretion The Area Manager will make the final decision regarding requests made. The Area Manager may ask for advice from other Housing Tasmania senior managers in to help them make the decision.In exceptional circumstances, the Area Manager may pass the request to the Manager Housing Operations.Where requests are made directly to another Housing Tasmania team, the requests should be referred to the relevant Area Manager for processing.

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

Exemptions n/a

Responsibilities/ Delegations

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

Tenant Property Changes Request Form

Related Policies TBC

Glossary n/aPolicy Title and Version Tenant Property Changes v2.0

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Effective Date October 2013Review Date July 2019Document Number P2012/0178-015Replaces Document Number

n/a

Custodian Housing Tasmania, Social and Affordable Housing PolicyApproved by Manager, Housing Operations

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 Agency’s intranet. Any printed version is uncontrolled and therefore not current.

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