PolicyGlass ReplacementSDMS ID Number P2012/0179-037SDMS Title Glass Replacement – Policy – P2012/0179-037Effective From 1 October 2013Applies to Housing Tasmania TenantsCustodian Manager Housing OperationsSummary This policy outlines Housing Tasmania’s approach to glass

replacement, specifically: outling who is responsible for undertaking glass replacement and other repairs, and for meeting the cost of the repairs, in specific situations.

Replaces Doc. No. n/aAuthor Area Housing Strategy – Social and Affordable Housing Policy UnitContact Manager, Housing OperationsReview Date October 2015

Policy Intent The intent of this policy is: to provide an equitable and consistent approach to the

replacement of broken glass in public housing properties. to protect the safety of persons in or near public housing

properties, where there is broken glass. to protect the integrity of Housing Tasmania properties,

and minimise property damage resulting from broken glass.

to assist Housing Tasmania to manage the cost of replacing broken glass, and related property damage.

to reduce cost of repairs associated with broken glass and related damage, where possible.

to encourage public housing tenants to take responsibility for the care and protection of the public housing property they are renting.

Application All Housing Tasmania tenants

Tenant’s responsibilities

The tenant is responsible for replacing broken glass when the breakage has been caused by carelessness or deliberate actions on the part of the tenant.Careless actions include actions on the part members of the tenant’s household, and or the tenant’s visitors (people visiting the property with the tenant’s consent).An example of a careless action is an event that would have been preventable if due care had been taken; like allowing children or others to play ball games near windows, resulting in broken glass.An example of a deliberate action is poor anger management like when the tenant or other household member or visitor punches out a window because they are angry, or in order to gain entry to the property.When glass is broken, and the tenant is responsible for the damage, they must:

Remove all broken glass, including broken glass from window framea and dispose of it safely (e.g. wrap it in newspaper and place in a garbage bin).

Make temporary repairs to protect the property from further damage (such as rain coming through the opening) by covering the opening, with an appropriate

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material1. Arrange for the broken glass to be repaired. Pay for the replacement of broken glass and associated

repairs, in full. Take all possible actions to ensure that the breakage is

repaired within 28 calendar days of the event. Pay for other damage incurred that occurred because the

breakage was not repaired temporarily or the glass replaced within 28 days.

When a breakage is an unavoidable accident, or the result of an illegal act, the repairs are the responsibility of Housing Tasmania. Where this is the case, the tenant must notify Housing Tasmania of the need to replace the glass within seven (7) calendar days of the event.When Housing Tasmania takes responsibility for replacing broken glass, the tenant is still responsible for damage the property that results because the tenant did not notify Housing Tasmania of the need for the repairs within seven (7) days.If the tenant does not report broken glass, or does not arrange for it to be replaced by Housing Tasmania, and other property damage (e.g. rain damage) occurs, the tenant is responsible for the damage; as outlined in the Housing Tasmania Lease, Section 3.11 Repairs.

Housing Tasmania takes limited responsibility for broken glass

Housing Tasmania does not insure for broken glass, and takes limited responsibility for the replacement of broken glass.Broken glass refers specifically to glass that forms part of the fabric of public housing properties, such as glass in windows, doors and shower screens.Housing Tasmania treats broken glass as a non fair wear and tear expense and does not routinely replace it.Housing Tasmania does not take responsibility for personal injury or loss that occurs as a result of a broken glass where the tenant has not taken appropriate steps to have the glass replaced and or has not informed Housing Tasmania of the breakage.

When will Housing When the tenant is responsible for a breakage, and does not

1 While a clear or translucent plastic material may be preferable for aesthetic reasons, other more durable materials may be appropriate for securing the property temporarily.

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Tasmania replace broken glass?

arrange for replacement of the broken glass, Housing Tasmania may arrange for temporary repairs, and for the glass to be replaced, in the following circumstances: the tenant has not replaced the broken glass within 28 days

of the event. the broken glass poses a risk to the safety and/or health of

persons. the broken glass poses a risk of damage to the property, or

part of the property.When Housing Tasmania arranges for the repair and replacement of broken glass and the tenant is responsible for the breakage, the cost will be passed onto the tenant in full (see Charges for Non Fair Wear and Tear and Maintenance Charges on Occupied Homes policies), unless the Area Manager applies discretion to reduce or remove the charges (see section on Discretion below).Housing Tasmania manages the repayment of debts arising from repair and replacement of broken glass for which the tenant is responsible, as with any other outstanding charge, according to the conditions of the Lease.When Housing Tasmania arranges for the repair and replacement of broken glass for which the tenant is responsible, the cost of the repairs will be treated as an outstanding debt to Housing Tasmania (see Maintenance Charges on Occupied Homes) which the tenant may arrange to pay in instalments (see Direct Debit policy).

When Housing Tasmania take responsibility for broken glass

Only under specific circumstances will Housing Tasmania take responsibility for the repair and replacement of broken glass.Housing Tasmania will take responsibility for repairing and replacing broken glass, where a breakage has resulted from: illegal actions of another party that the tenant was unable to

prevent/control (domestic violence, vandalism, break-in) and a Police Report has been provided

damage as a result of Police actions and/or the actions of other Emergency Services

damage due to an natural event or other unforeseen event that could not be prevented by the tenant, such as storm damage or an accident.

Police Report When broken glass is caused by the illegal actions of another Page 4 of 6

party (vandalism, domestic violence or a break in), the tenant must report the offence to Tasmania Police, make a statement to the Police and request a Police Report Number (either an Offence Report or an Incident Report).If a current Police Report Number is provided to Housing Tasmania and the Police can verify that the Report is current and that an offence or illegal incident caused the breakage, Housing Tasmania will not pass the cost of glass replacement onto the tenant.Where broken glass is the result of wilful damage, the tenant must provide a Police Report Number before Housing Tasmania will undertake the repairs.

Discretion Where the tenant cannot provide a Police Report Number, and the Area Manager is satisfied that the glass breakage was caused by exceptional circumstances beyond the tenant’s control e.g. domestic violence or storm damage, the Area Manager may exercise discretion to remove the charges.

Exceptions Area Managers have discretion to vary sections of this policy to better respond to individual tenant needs. Where discretion is applied all decisions must be documented and copies placed on the relevant files.

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

Exemptions N/A

Responsibilities/ Delegations

All Housing Operations staff members 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.

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Procedures and Forms

Housing Tasmania Lease; Glass Replacement Procedure.

Related Policies Charges for Non Wear and Tear; Maintenance Charges on Occupied Homes; Direct Debit.

Policy Title and Version Glass Replacement Policy v3.0 Effective Date 1 October 2013Review Date October 2015Document Number P2012/0179-037Replaces Document Number

n/a

Custodian Housing Tasmania, Housing Services, Operational PolicySocial 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 Agency’s intranet. Any printed version is uncontrolled and therefore not current.

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