Policy Statement
Entitlement
Background
Policy Detail
Appealing Decisions
Policy Statement
When a tenant vacates a property or requests a statement of satisfactory tenancy, the Department assesses the tenancy, occupancy and rental history of the tenant and their household members and assigns one of 5 categories:
Former tenants who lived in Department of Housing or Aboriginal Housing Office properties may apply for public housing.
To be considered for public housing former tenants must meet public housing eligibility criteria. Former tenants who apply for public housing are assessed against eligibility criteria and current income limits as specified in the Eligibility for Public Housing (ALL0030) policy.
The category assigned at the end of a tenancy will also be considered when a former tenant applies for public housing. This review will determine an applicant’s eligibility for housing assistance based on:
- Their previous public housing tenancy history
- Their current private rental tenancy history
- Regular repayment of any money owed to the Department incurred during a previous tenancy.
The review of the applicant’s tenancy history will also be used to determine any conditions that need to be met by the applicant before requests for housing assistance will be approved.
A former tenant not assigned a category at the end of their tenancy will be assigned a category when they apply for public housing or when they request a statement of satisfactory tenancy.
Statements of satisfactory tenancy are provided upon request to eligible former tenants to assist them to move into private rental accommodation. Former tenants also need to be considered with respect to their future eligibility to re-enter public housing. Both assessments are generally done as part of the same process. If an eligible former tenant has requested a tenancy statement, or later requests one, then it will be issued. For more information on tenancy statements, see the policy Statements of Satisfactory Tenancy (EST0110A).
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Entitlement
Former tenants applying for housing assistance can expect the Department to:
- Advise them of the category assigned to their previous tenancy
- Explain the reasons for assigning the category
- Explain the conditions that apply to each category
- Explain the documentation required
- Explain the types of housing assistance available depending on category
- Explain why they are ineligible for a specific type of assistance
- Advise them of their right to appeal.
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Background
A former tenant is a public housing tenant who moved out of their Department of Housing or Aboriginal Housing Office property.
To be eligible for public housing, a person must satisfy the Department that they have the ability to sustain a successful tenancy. The ability to sustain a successful tenancy is demonstrated when a person meets the obligations of their Tenancy Agreement. These obligations are:
- Paying rent
- Paying for water usage
- Looking after the property
- Not creating a nuisance and annoyance to neighbours.
The Department will need to be satisfied that a former tenant has the ability to sustain a tenancy, with or without support. The Department will also consider whether other people who lived with the former tenant can be part of any future household. This applies in cases where a household member in a previous tenancy was responsible for:
- Nuisance and annoyance
- Property damage
- Acts of violence
In summary the former tenant is responsible for outstanding debts. Nuisance and annoyance, acts of violence and property damage may be attributable to someone other than the tenant. Where this occurs, the individual responsible is deemed the cause of former unsatisfactory behaviour and this is considered when they apply for housing assistance or are part of a household relating to another application for housing assistance.
For more information on the ability to sustain a successful tenancy see the policy on Eligibility for Public Housing (ALL0030A).
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Policy Detail
The Department reviews a person’s tenancy history when they move out of public housing, requests a statement of satisfactory tenancy or applies to be re-housed in public housing and they have not been assigned a category.
Different categories are then assigned depending on whether the former tenant breached their Tenancy Agreement. The category and any conditions that relate to that category reflect the seriousness of past breaches.
1. Eligible for a statement of satisfactory tenancy
Former tenants who are eligible for a statement of satisfactory tenancy may be eligible for public housing when they reapply.
To be eligible for a tenancy statement, former tenants must not have breached their tenancy agreement, have a current $nil or credit balance on all linked Department 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 policy, Statements of Satisfactory Tenancy (EST0110A).
Former tenants who were evicted (or left under threat of eviction) after their tenancy was terminated under section 63B or 63F will be eligible for tenancy statement provided they do not have other breaches outlined in the other categories listed in this policy.
2. Satisfactory former tenants
Satisfactory former tenants may be eligible for public housing when they re-apply. This category applies to former tenants who did not breach their former Tenancy Agreement. It also applies to former tenants who moved out of public housing owing the Department less than $500.
Former tenants with a vacated debt must make regular repayments to rectify the debt. The former tenant’s repayment history will be reviewed prior to making an offer of accommodation. Failure to maintain regular repayments will result in the cancellation of the offer.
Eligible satisfactory former tenants will be offered a 2, 5 or 10 year fixed term lease, for more information see Types and Length of Lease policy (EST0208A).
Former satisfactory tenants will be eligible for a statement of satisfactory tenancy once they have fully repaid any outstanding debts to the Department, and if they also have a satisfactory payment performance for the 12 months prior to their assessment for a statement.
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3. Less Than Satisfactory Former Tenants
Less than satisfactory former 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 63B and 63F of the Residential Tenancy Act)
and:
- moved out owing the Department more than $500 in rent, repairs, water usage or other charges
- abandoned the property
- left the property in an unsatisfactory condition
- had substantiated complaints of serious nuisance and annoyance during their tenancy.
Applicants who owe the Department more than $500 in unpaid rent or other charges are eligible for admittance to the Housing Register but their application will be suspended on the Housing Register for a period of 6 months. This means that no offer of accommodation will be made during this period unless the debt is fully repaid. Failure to make regular repayments will result in the applicant’s name being removed from the Housing Register.
Less than satisfactory former tenants with a record of substantiated nuisance and annoyance will be offered a 6 month fixed term tenancy in order to establish the applicant’s current ability to sustain a successful tenancy. Provided there are no tenancy breaches of the fixed term tenancy, the client will then be offered a new tenancy.
If eligible for a subsequent tenancy, former tenants offered a new public housing tenancy will be offered a 2, 5 or 10 year fixed term lease, for more information see Types and Length of Lease policy (EST0208A).
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Substantiated nuisance and annoyance is defined as:
- An order obtained from the Consumer Trader & Tenancy Tribunal that a tenant had breached their Tenancy Agreement on nuisance and annoyance grounds
- Written verification from the Police under the Memorandum of Understanding that the client had breached their Tenancy Agreement, for example, disturbing the peace while on the residential premises. See Information Sharing and Coordination with Other Agencies (EST0121A).
- When serious nuisance and annoyance occurs a Senior Client Service Officer Specialist/Aboriginal Specialist must determine if the offending behaviour is due to an intellectual or psychiatric disability which could be addressed by the provision of adequate support from the appropriate support agency.
Clients with a psychiatric or intellectual disability who are under consideration for a fixed term tenancy because of a previous record of substantiated nuisance and annoyance, must have a support plan negotiated with the relevant support agency before a fixed term tenancy will be offered. If the agency does not provide the agreed level of support in this period and the applicant does not fulfil the obligations of their Tenancy Agreement then the tenancy will be terminated.
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4. Unsatisfactory Former Tenants
Unsatisfactory former tenants include former tenants who:
- Were evicted from their previous 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
- Vacated before an Order of Possession was obtained and had substantiated complaints of nuisance and annoyance that the Area Director approves as sufficient to justify the classification of Unsatisfactory, or
- Are “repeat” less than satisfactory tenants (that is, they have moved out of a public housing more than once and on more than one occasion were assigned a less than satisfactory category)
- Had substantiated complaints of nuisance and annoyance and were evicted, or
- Had substantiated complaints of nuisance and annoyance (as defined above) and vacated before an Order of Possession to evict them was enforced.
Unsatisfactory former tenants also include tenants who were previously subject to the Renewable Tenancies Policy and their tenancy was categorised as having an unsatisfactory standard of breaches. This does not include tenancies categorised as unsatisfactory due to illegal activities.
Former tenants who were evicted or vacated under threat of eviction based on terminations under Section 63B (not eligible to reside in social housing) and Section 63F (the tenant rejected an offer of alternative social housing) will not have this eviction action included in the former tenant category assessment.
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Unsatisfactory former tenants are not eligible for public housing until they have demonstrated that they have been able to sustain a tenancy in the private sector for at least 6 months. If an unsatisfactory former tenant is unable to sustain a private tenancy, their application for public housing will not be approved.
After a former unsatisfactory tenant has demonstrated that they are able to sustain a tenancy in the private sector, they will be offered a 6 month fixed term tenancy when turn reached for an offer of accommodation. The fixed term tenancy will be used to determine the applicant’s ability to sustain a successful public housing tenancy.
If a former unsatisfactory tenant is unable to sustain the tenancy during the fixed term, the tenancy will be terminated. Provided there are no tenancy breaches of the fixed term tenancy, the client will then be offered a new tenancy.
If the former tenant successfully sustains the 6 month fixed term tenancy and remains eligible, then they may be offered a further 6 month fixed term lease if appropriate or a 2, 5 or 10 year fixed term lease. For further details see Types and Length of Leases EST0208A.
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5. Ineligible for public housing Former Tenants
Ineligible for public housing former tenants are those who were evicted for extreme breaches of their Tenancy Agreement, who vacated before an Order of Possession for an extreme breach could be enforced, or who vacated before an Order of Possession was obtained for an extreme breach that has been substantiated by written verification from the Police under the Memorandum of Understanding.
Extreme breaches may include:
- Illegal activities carried out by the tenant or a member of their household on the Department’s premises. See the policy on Use of Premises (EST0013B).
Note: Conducting an unauthorised business is an illegal use of the premises however it is not an illegal activity unless the business itself is unlawful.
- Convicted of arson or deliberate damage of the Department’s or an Aboriginal Housing Office property by the tenant or a member of their household.
- Physical attacks or serious verbal threats directed at neighbours or the Department’s staff made by the tenant or a member of their household.
- Ineligible former tenants also include tenants who were previously subject to the Renewable Tenancies Policy and their tenancy was categorised as having an unsatisfactory standard of breaches due to illegal activity.
Only General Managers can determine whether a former tenant is ineligible for public housing due to a serious breach of their previous tenancy.
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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 relevant General Manager.
In regard to former Aboriginal clients in Public Housing, the Chief Executive Officer of the Aboriginal Housing Office will provide advice to the General Manager but the final decision about ineligibility for housing rests with the General Manager.
In special circumstances, and at their absolute discretion, General Managers may approve an ineligible former tenant’s application for public housing. If the application for public housing is from an ineligible former Aboriginal Housing Office tenant, the Chief Executive Officer of the Aboriginal Housing Office will consider any decision to decline re-admittance to the Housing Register in conjunction with the General Manager.
When approval is granted to a previously ineligible former tenant for public housing, then the applicant will be required to meet all the same conditions as unsatisfactory former tenants. That is, they will need to demonstrate that they can sustain a tenancy in the private sector for 6 months before consideration is given to offering the applicant a 6 month fixed term public housing tenancy. They will also need to repay any outstanding debts.
Ineligible former tenants may apply for Rentstart assistance to establish or maintain a tenancy in the private sector.
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Clients Unable to Access Private Rental
There may be a small group of unsatisfactory former tenants who have difficulty accessing private rental accommodation. This group may include:
- People with a physical disability
- Large families
- Clients from specific cultural groups
The Department will continue to support these clients by referring them to an appropriate external agency, alternative housing provider or advocacy service.
In some cases, unsatisfactory former tenants may still be unable to secure accommodation in their preferred area. Unless an applicant has to access supports on a weekly basis in a high demand area for medical or disability reasons, they will be required to seek private rental accommodation in areas of less demand before further public housing assistance can be provided. In regard to clients who cannot access the private sector due to cultural reasons or large family size, the Department will consider them for a fixed term tenancy. This assistance is subject to delegations outlined.
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Reviewing Outstanding Debts from Former Tenancies
Former tenants must repay outstanding debts. However, the applicant may still be considered for assistance if they demonstrate their commitment to repay the debt. This commitment is demonstrated by making regular repayments.
Where a former tenant has a debt of more than $500 their name will be listed on the Housing Register if there are no other category requirements that must first be met. The application will be suspended on the Housing Register for a period of 6 months unless the debt is fully repaid. This means that no offer of accommodation will be made during this period.
At the end of this period the applicant’s repayment history will be reviewed. These clients will be expected to repay the debt in full, or make regular and ongoing payments to reduce the debt, prior to being made an offer. Failure to maintain regular repayments will result in the applicant’s name being taken off the Housing Register.
If a former tenant has a debt of less than $500 their name will be listed on the Housing Register if there are no other category requirements that must first be met. The applicant’s repayment history will be reviewed before an offer of accommodation is made. If regular repayments have not been made the applicant will not receive an offer of accommodation.
Repayments of former tenancy debts will form part of the new tenancy agreement. Therefore, former tenants who have made regular repayments, but have not fully repaid the debt must continue to make regular repayments until the debt has been repaid in full, after being housed in another tenancy.
Failure to comply with repayment arrangements will constitute a breach of the new tenancy agreement and may result in termination action. For more information see the policy on Vacated Accounts (REN0026A).
To be eligible for a tenancy statement all former debts must be repaid in full before consideration can be given to providing a statement of satisfactory tenancy. This is provided that the tenant also has a satisfactory payment performance on all their linked accounts for the 12 months prior to their assessment for a tenancy statement.
Appealing Decisions or Actions
If a client disagrees with a decision the Department has made, they should first discuss their concerns with a Client Service Officer. The next step if they still believe we made the wrong decision is to ask for a formal review of the decision. For information on how reviews work, the client can ask the Client Service Officer for a copy of the fact sheet ‘Reviewing Decisions’, or read the Appeals and Review of Decisions Policy.
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