Relocating Tenants for Management Purposes - EST0038A

Portfolio management

• Housing NSW intends to:
  • sell a property or group of properties
  • demolish a property or group of properties
  • redevelop the land the property is on to provide more appropriate housing
• The property has been designated for occupation by a particular client group, such as older people, and the tenant/tenant’s household does not belong to this client group.
• The property has been designated for transfer to community housing management
• The property is not owned by Housing NSW and the lease with the private landlord has expired
• Any other compelling reason relating to the management of Housing NSW's property portfolio

Tenancy management

• Under-occupancy - the property is too large for the tenant’s household, for example, due to changing circumstances such as children leaving home.
• Overcrowding – too many people are living at the property.
• The property has features, such as modifications for people with a disability that are no longer needed by the people living in the property.
• Housing NSW intends to carry out substantial upgrading work on the property and the property needs to be vacant so that this work can happen.
• Management of neighbour disputes or social disharmony that involves or affects the tenant.
• The property or its location is unsuitable for the tenant and their capacity to sustain a Housing NSW managed tenancy is threatened.
• Any other compelling reason relating to the management of a particular tenancy.

1.

Tell the tenant about the relocation

Housing NSW will tell the tenant about the relocation in person and provide follow up information in writing.

If the relocation is for tenancy management reasons, this will happen as soon as reasonably practical after the decision to relocate the tenant is made.

If the relocation is for portfolio management reasons, this will happen as soon as reasonably practical after Housing NSW makes a confirmed portfolio management decision.

This information provided to the tenant at this point will include the contact details for the Housing NSW officer who will be the tenant’s first point of contact for any issues relating to the relocation process.

2.

Interview the tenant to find out their housing and relocation needs

The purpose of this interview is to gather information about the tenant’s situation so that Housing NSW can:

• Make an appropriate offer of alternative housing
•  Offer the tenant appropriate assistance during the relocation process
• Where appropriate, make arrangements to move or compensate the tenant for improvements made to the property

The tenant is expected to co-operate with Housing NSW by making themselves available for this interview. Housing NSW will proceed without completing this step if the tenant does not make themself available after reasonable notice.

3.

Give the tenant an individual relocation statement

The relocation statement sets out in writing:

• The tenant’s housing and relocation entitlements. These entitlements will be based on Housing NSW's assessment of information provided by tenant during the interview process.
• The location that the tenant will be rehoused to.
• The number of reasonable offers of alternative housing that the tenant can expect from Housing NSW.
• Housing NSW's intention to exercise its right to take action at the CTTT to terminate the tenancy if the tenant refuses all reasonable rehousing offers.
• The steps that the tenant can take to seek a review of any decision taken by Housing NSW to terminate their tenancy on the basis that its offers of rehousing have been rejected.

An individual relocation statement must be issued within the six month transitional period when relocating from a Senior Communities complex.

4.

Confirm that Housing NSW's information about the tenant’s housing needs is up to date

Housing NSW will contact the tenant to confirm that its information about the tenant’s housing needs is up date shortly before making any offer of alternative housing.

It is the tenant’s responsibility to respond in a timely manner, and if they do not respond, Housing NSW will proceed on the basis of the information that it has previously collected.

5.

Offer alternative housing to the tenant

Housing NSW will follow the approach set out in the Matching Clients and Properties policy to identify alternative properties that meet the needs of the tenant and their household.

When an appropriate property is identified, Housing NSW will offer it to the tenant using the approach set out in the Offering a Property to a Client policy.

6.

Record the tenant’s response to the offer

With one exception, Housing NSW will follow the approach set out in the Offering a Property to a Client policy to:

• record the tenant’s response to the offer
• if the tenant rejects the offer, decide whether or not the tenant’s rejection of the offer was reasonable.

The exception is that if the tenant rejects the offer, Housing NSW will give the tenant 7 days if they are being relocated for portfolio management reasons or 14 days if they are being relocated for tenancy management reasons, to give written reasons why the offer was rejected (not 28 days as stated in the Offering a Property to a Client policy).

Housing NSW can extend this timeframe for a short time if the client requests it and has good reasons for making the request. See the Assessment Criteria section below for more information.

7a.

Offer accepted

Make final arrangements for signing the new tenancy and relocation

Housing NSW will liaise with the tenant about:

• the date that their new tenancy will start
• the arrangements for signing their new tenancy agreement
• arrangements for moving
• if Housing NSW has agreed to move or replace improvements made to the tenant’s current property, the arrangements for installing improvements in the new property
• if Housing NSW has agreed to compensate the tenant for improvements that will not be moved or replaced, payment of this compensation.

Housing NSW will follow the approach set out in the Sign-ups policy when signing the tenant up to their new tenancy.

In line with the Client Contact policy, Housing NSW will conduct a client service visit shortly after the tenant moves to their new property.

7b.

Reasonable offer not accepted

If appropriate, second reasonable offer made

Housing NSW will not carry out this step if the tenant has been informed that they will receive only one reasonable offer.

1.

Notice of intention to issue Notice of Termination

Before giving notice of termination of an existing agreement to a tenant, the landlord is to advise the tenant of the decision to do so by a notice in writing.

Section 63G of the Act specifies that the notice must be in writing and, among other things, contain particulars of why the landlord wishes the tenant to move to alternative premises and state that the tenant may apply to the landlord for a review of the decision within fourteen (14) days after the notice of intention to issue a Notice of Termination is given to the tenant and give particulars of how such an application may be made. The notice must also state that the tenant is entitled to make representations to the landlord orally or in writing as to why the existing agreement should not be terminated.

A notice of termination cannot be given before the end of the 14 day period within which the tenant may apply for a review under section 63G of the decision to give the notice of termination, or the end of the review itself.

This action will not be undertaken in the six month transitional period when a tenant has agreed to relocate from a Senior Communities complex.

2.

Review by Landlord

A tenant may then decide whether or not to apply to the landlord for a review of the decision and make representations in writing, or orally, to the landlord as to why the existing agreement should not be terminated. If orally the landlord shall record a file note of such oral representations.

A tenant has 14 days after the notice is given to apply to the landlord for a review.

If the tenant does apply to the landlord for a review, the landlord is to review the decision in accordance with the Procedures Approved by the Minister for Reviews Under Section 63G of the Residential Tenancies Act.

The landlord must give consideration to representations made by the tenant and the landlord must ensure that the tenant is allowed to adequately communicate or articulate their views.

In order to ensure that the tenant’s representations are fully and adequately considered, an officer of Housing NSW at least of a Clerk Grade 9/10 level or equivalent, or a senior officer at managerial level of any other landlord of a social housing tenancy agreement (the “Reviewer”), upon application by a tenant, is to review the decision under section 63G to issue a Notice of Termination.

The Reviewer must, in the course of the review take into account those factors relevant to the section 63G notice.

Relevant factors could include the following:

1. The need to re-develop a particular property, neighbourhood, locality or estate;
2. The extent of serious neighbourhood disputes;
3. The requirements of the landlord to manage social housing tenancies in a manner which reduces neighbourhood disputes and social unrest; or
4. The requirement to ensure that the offer of alternative premises is such that the neighbourhood dispute or social unrest is so far as possible minimised and to that extent ensure that the offer of alternative premises is in such a locality whereby social unrest is minimised. In many cases, this will mean that a tenant may be offered alternative premises sufficiently distant from their existing premises as to make it most unlikely that the person may readily return to cause further social nuisance;
5. The need to maximise the use of all housing resources.

The Reviewer will consider :

• Any representations made by the tenant;
• The particulars of reasons provided by the initial decision-maker in accordance with section 63G(3) of the Act;
• The Procedures Approved by the Minister for Reviews Under Section 63G of the Residential Tenancies Act.

Time within which review is to be heard and finalised

Within seven (7) calendar days of the receipt of the Application for Review from the tenant, the Reviewer shall hear and consider all required matters and record the considerations and proposed decision.

If the reviewer decides that a notice of termination should be issued, the Reviewer shall then automatically refer the matter to the Housing Appeals Committee.

If the Reviewer decides that a further offer should be made, then Housing NSW will make another offer of alternative housing as set out in the Matching Clients and Properties policy.

3.

Referral to the Housing Appeals Committee

The review by the Reviewer shall be referred to the Housing Appeals Committee to provide "a useful oversight function", unless the Reviewer decides that a further offer of alternative housing should be made.

The Housing Appeals Committee can make a non-binding recommendation to the landlord. The consideration by the Housing Appeals Committee will be available as an automatic separate, independent function.

Relevant considerations for the Housing Appeals Committee

The Housing Appeals Committee shall consider the following:

• The consideration of the Reviewer;
• Any representations made by the tenant;
• The particulars of reasons provided by the initial decision-maker in accordance with Section 63G(3) of the Act;
• The Procedures Approved by the Minister for Reviews Under Section 63G of the Residential Tenancies Act.

Time within which review is to be heard and finalised

The Housing Appeals Committee shall be required to issue its recommendation with respect to a reference to it within seven (7) days after receipt of the matter from the Reviewer.

4.

Decision of Landlord

Upon return of the recommendation from the Housing Appeals Committee, the Reviewer must give consideration to any recommendation from the Housing Appeals Committee.

The Reviewer acting for the landlord, shall within a period of five (5) days upon receipt of recommendation from the Housing Appeals Committee, make the decision as required by Section 63G(6).

After the review, the landlord may give a notice of termination of the existing agreement, advise the tenant that the landlord has decided not to give a notice of termination of the existing agreement, or make a new offer of alternative premises that differ from those the subject of the review.

The reviewer shall notify the tenant of the decision.

5.

Right to second review if new offer made

If there is a further review under Section 63G (7) arising from a new offer of alternative premises, the second review shall be conducted in a similar manner and with similar procedural requirements as to the first review.

6.

Notice of Termination – 63F

The landlord may give a notice of termination of the existing agreement to a tenant on the ground that the landlord has offered to enter into a new social housing tenancy agreement with the tenant with respect to alternative premises in accordance with section 63F of the Act.

Continuous

Continuous

2, 5 or 10 year fixed term lease

• Outside the review period when new lease signed

Remainder of the fixed term

• New lease signed during review period

If eligible for a new lease - 2, 5 or 10 year fixed term lease based on an assessment of their current household circumstances

Decision

Criteria

Approval of the tenant’s nominated rehousing location

Nominated allocation zone is high demand:

• The tenant is able to establish a Locational Need for the Allocation Zone

and

• Housing NSW considers that there is a reasonable prospect of the tenant’s housing and/or support needs being met in the location

and

• If there is a history of serious anti-social behaviour associated with the tenant or tenancy, Housing NSW considers there is a minimal risk of anti-social behaviour occurring in the new location

and

• There is no compelling external reason why the tenant’s choice of location should not be approved.

Nominated allocation zone is not high demand:

• Housing NSW considers that there is a reasonable prospect of the tenant’s housing and/or support needs being met in the location

and

• If there is a history of serious anti-social behaviour associated with the tenancy, Housing NSW considers that there will be minimal risk of anti-social behaviour occurring in the new location

and

• There is no compelling external reason why the tenant’s choice of location should not be approved.

Decision the tenant is to receive one reasonable offer of alternative housing

The need to achieve Housing NSW’s broader strategic or operational outcomes outweighs the desire of Housing NSW to make two reasonable offers of alternative housing to the tenant.

Broader operational outcomes can include:

• Housing NSW has a compelling financial or operational need to achieve the relocation within a specific timeframe and this timeframe is not reasonably achievable if the tenant is entitled to two reasonable offers of alternative housing,

or

• Seeking to end a situation of anti social behaviour or disruption of the neighbourhood associated with a particular tenant or tenancy,

or

• A documented history of the tenant failing to respond to communications from Housing NSW within a reasonable period of time,

or

• A compelling external reason.

An offer of alternative housing made to a relocating tenant is reasonable

An offer is reasonable if it will meet the client’s known housing and locational needs, and allows continued access to services, based on the merits of the information provided by the client during the relocation process.

See the ‘Assessment Criteria’ in Offering a Property to a Client and see "Criteria used to match a Client to a Property" in Matching Clients and Properties policy for more information about the criteria Housing NSW applies to decide if an offer is reasonable.

Type and length of lease offered in new tenancy after relocation

See the Type and Length of Lease policy for further information about the assessment criteria that Housing NSW applies when deciding the type and length of a tenant’s lease.

Extension of time to give written reasons why an offer of alternative housing was rejected

Housing NSW can extend this timeframe if:

• The tenant needs to obtain additional written documentation to support their decision to reject the offer, and it is not reasonably possible to get this documentation within the 7 day time period,

and/or

• Health or disability circumstances affecting the tenant or a member of their household mean that it is not reasonable to expect the tenant to provide written reasons within the timeframe.

Decision to give the tenant notice that Housing NSW intends to issue a Notice of Termination

Housing NSW is satisfied that:

• The tenant’s housing needs have been fully and correctly assessed, and
• The offer(s) of alternative housing that have been made to the tenant were reasonable offers in accordance with the Offering a Property to a Client policy.

Assistance with the relocation process (other than reimbursement for or moving of improvements)

If the tenant is being relocated for portfolio management purposes:

Housing NSW is satisfied that the expense is:

• Reasonable, and
• Incurred as a result of Housing NSW requiring the tenant to relocate to another property.

If the tenant is being relocated for tenancy management purposes:

Housing NSW is satisfied that:

• If the assistance is not provided, the tenant is unlikely to be able to establish a successful and sustainable tenancy in the new location, and
• If the assistance is provided, it will assist the tenant to establish and maintain a successful and sustainable tenancy in the new location.

Decision to reimburse for/ move improvements

See the Improvements to Homes policy for more information about the assessment criteria that Housing NSW applies in this situation.

Eligible to request to return to a property after redevelopment

• The tenant is being relocated so that their property can be redevelopedand
  
• After redevelopment, properties on the site will be used to provide social housing

Approval to return to a property after redevelopment

If the properties on the site will be managed by Housing NSW after redevelopment:

• The housing needs of the tenant and their household match the property characteristics of a property to be built at the site including

  Number of bedrooms

  Specific features of the property such as modifications or ground floor access that must be required by the household

  If relevant, the tenant or a member of their household belongs to the client group to be housed at the site

and

• There is no compelling operational or external reason why approval to return should not be granted.
  

If the properties on the site will be managed by a community housing provider after redevelopment:

• The housing needs of the tenant and their household match the property characteristics of a property to be built at the site including
  • Number of bedrooms
  • Specific features of the property such as modifications or ground floor access that must be required by the household
  • If relevant, the tenant or a member of their household belongs to the client group to be housed at the site, and
• The tenant agrees to become a tenant of the community housing provider. Housing NSW, in conjunction with the community housing provider, can request that this happens either:
  • When relocated from the property so that the redevelopment can occur or
  • When returning to the site after the redevelopment is finished, and
• The tenant and their household are eligible for assistance under the policies of the community housing provider managing the properties, and
• There is no compelling operational or external reason why approval to return should not be granted.

Locational Need

See the Locational Need policy for information about the evidence needed to demonstrate locational need.

Support needs

See the Locational Need policy for information about the evidence needed to demonstrate support needs.

Housing needs

See ‘Evidence Requirements’ in Matching Clients and Properties policy for information about how Housing NSW assesses housing needs.

Relocation needs

Information collected by the Housing NSW from the tenant and their household during the housing needs assessment process.

Information recorded by technically qualified Housing NSW officers when assessing improvements made to the tenant’s current property.

Reimbursement for improvements made to the tenant’s current property

Housing NSW will usually require:

• Proof of the tenant’s expenditure when installing the improvement and
• Evidence that the tenant had Housing NSW approval to install the improvement.

See the Improvements to Homes policy for more information about Housing NSW's requirements

Offer of alternative housing not reasonable

See ‘Evidence Requirements’ in Offering a Property to a Client ALL0100A policy for information about the evidence required by Housing NSW.