Policy Statement
Housing NSW creates written residential tenancy agreements with each tenant at the beginning of their tenancy. When Housing NSW signs a client to a residential tenancy agreement it does this in accordance with the requirements of the Residential Tenancies Act. Housing NSW will explain its and the client’s obligations under the agreement during the sign-up process.
This policy aims to ensure that tenants of properties managed by Housing NSW are aware of and understand the terms and length of their residential tenancy agreement.
Housing NSW regards the sign-up process as an important opportunity to provide clients with information they will need once they move into the premises.
Application to Aboriginal Housing Office Clients
This policy applies to clients of the Aboriginal Housing Office living in properties managed by Housing NSW.
Policy Detail
Housing NSW complies with the requirements and processes set out in the Residential Tenancies Act when it signs a client to a residential tenancy agreement.
These requirements are that:
- Housing NSW provide all tenants with a written residential tenancy agreement that sets out the terms and conditions of the tenancy.
- The residential tenancy agreement includes a property condition report. This report documents the condition of the property at the time the tenant first moves into the property.
- Housing NSW provide all tenants with a copy of The Renting Guide (published by the Office of Fair Trading) when they sign a residential tenancy agreement.
Top of page
The sign-up process
The sign-up process begins when either:
- a tenant or applicant accepts an offer of a property from Housing NSW. See Offering a property to a client (ALL0100A); or
- Housing NSW contacts a tenant and invites them to sign a new residential tenancy agreement for their current property. This will usually happen when a tenant has a fixed term tenancy that is about to expire.
- A Mutual Exchange or Succession of Tenancy has been approved.
The steps involved in the sign-up process are set out in the table below:
| Step |
Explanation |
|
Housing NSW arranges an appointment to sign the residential tenancy agreement. |
- If the client has accepted an offer of a property from Housing NSW this appointment will usually be within one week of the offer being accepted. Offering a property to a client (ALL0100A) NB: - See section 'timeframe for signing a Tenancy Agreement' for details on delaying sign up.
- Housing NSW will explain the information the client must bring to the sign-up appointment. This may include information to confirm the clients’ entitlement to a specific lease length.
|
|
The Sign-up appointment - At this appointment Housing NSW will: |
|
Confirm |
- the client’s identity by asking for proof of identity;
- that the client is eligible for public housing. This includes confirming the client’s gross household income. This step does not apply if the sign-up is for:
- a tenancy that is being created as a result of Housing NSW relocating an existing tenant for management purposes, or a succession of tenancy to a spouse or de facto partner;
- if the property is an Aboriginal Housing Office property and that the person or persons who make the household eligible for Aboriginal Housing Office housing will be part of the household from sign-up;
- the client’s acceptance of the offer.
- the type and length of lease to be offered to the client.
|
|
Examine Outstanding Debts |
- If the client has a debt to Housing NSW and/or Aboriginal Housing Office from a previous tenancy, confirm that the client has been paying off the debt.
- Notify the client that any outstanding debts from former tenancies will form part of a new tenancy agreement. Failure to repay or continue repaying former debts can jeopardise a new tenancy.
|
|
Provide information about |
- any arrangements specifically relating to the tenancy such as:
- the length of the residential tenancy agreement;
- market and subsidised rent;
- water usage charges; (refer to Water Usage Factsheet (PDF file, 221KB))
- different payment options (refer to Payment Options Factsheet (PDF file, 192KB))
- if relevant, any requirements associated with living in a headleased or modified property or moving into a property where maintenance has not been completed;
- for AHO properties, explain CRA rents see Rent Subsidy Policy
- Housing NSW’s main obligations under the residential tenancy agreement;
- the client’s main obligations under the residential tenancy agreement;
- how to ask for property maintenance;
- dealing with problems that may arise during the tenancy;
- the tenant's obligation to advise Housing NSW of any change to their household circumstances within 28 days of that change occurring.
|
|
Ask the client to |
- if it is the client’s first tenancy with Housing NSW, read and sign the Sign-Up Declaration (DH1025);
- read and sign the residential tenancy agreement;
- complete the rental subsidy;
- complete (if they have not done so already) an Acknowledgement of Debt and Agreement to Repay Debt (DH3018). This includes clients who have previously signed the form but have now discontinued their arrangement.
- If in receipt of Centrelink income, rent must be deducted directly from payments. Complete the ‘Authority for Rent Deduction’ form. Explain that this is a condition of the tenancy agreement. Tenants who move to non-Centrelink incomes such as wages, may switch from RDS to other forms of payments outlined in the Payment Options Factsheet (PDF file, 192KB);
- pay rent and water usage charges for the property in advance at the nearest post office;
|
|
Give the client |
- the keys to the property (if it is the client’s first tenancy agreement for the property);
- a copy of the property condition report for the property (with the landlord section already completed by Housing NSW);
- a copy of The Renting Guide;
- the payment reference number's (PRN’s) for rent, water usage and rechargeable repairs accounts;
- a copy of the fact sheet Rights and Responsibilities of Housing NSW Tenants;
- information relevant to the area the client will be living in such as contact details for their client service officer and information about local service providers.
|
|
The client completes and returns a copy of the property condition report
(This step is not required if Housing NSW is offering a further fixed term lease for the same property |
The property condition report is evidence of the condition of the property at the beginning of the tenancy. The client returns the property condition report to Housing NSW within 7 days of moving in.
The property condition report will list any maintenance work that Housing NSW proposes to do after the tenancy has started. This list will include an anticipated completion date for each piece of work and list any fittings that will be installed after the client moves in.
The client completes the report by:
- inspecting the property;
- deciding whether or not they agree with Housing NSW’s report;
- noting down comments where they disagree with Housing NSW’s report in column ‘D’.
Housing NSW then investigates and resolves any comments on the property condition report that indicate the client disagreed with Housing NSW’s assessment.
|
Top of page
Extending the term of a fixed term lease under Section 14A
Section 14A of the Residential Tenancies Act allows Housing NSW to declare a continuation of a current fixed term lease after the existing agreement has ended. This means that tenants are not required to sign a new tenancy agreement when Housing NSW has agreed to extend a fixed term lease to the same property.
Sign-up if the client is under 18 years of age
Housing NSW will not sign a residential tenancy agreement with a client who is under 18 years of age unless the tenancy agreement has been explained to them by a solicitor or representative of the Public Trustee first. Housing NSW will either:
- organise for a solicitor or representative of the Public Trustee to be present at the sign-up appointment; or
- organise an appointment for the client with a solicitor or representative of the Public Trustee. The Department Housing NSW will need to provide the client with a ‘Letter of Introduction’, ‘Rent Valuation Statement’, 'Certificate of Understanding’, copy of the ’Residential Tenancy Agreement’ and information about the rent and water usage charges that they will be paying, and delay completion of the sign-up process until the client has received advice. The Department must sight a Certificate of Understanding issued by a solicitor or representative of the Public Trustee before completing the sign-up process.
Top of page
Joint tenancies
‘Joint tenancy’ is the name for the situation where a residential tenancy agreement is in the name of more than one person. Each person named on the tenancy agreement must be present at the sign-up.
Each person named on a residential tenancy agreement as a joint tenant is legally responsible for the progress of the tenancy. This means that Housing NSW considers each one of the joint tenants to be individually responsible for meeting the obligations of the tenancy such as paying the rent, paying the water usage charges and caring for the property. If one joint tenant breaches the residential tenancy agreement and Housing NSW takes eviction action, the eviction action will be taken against all joint tenants.
A joint tenancy contrasts with the usual situation for Department tenants where the residential tenancy agreement is in the name of one person and the names of other members of the household are listed in Housing NSW’s records as household members.
Housing NSW will not create a joint tenancy unless it is asked to. There are three ways that a client can request a joint tenancy:
- When making their Housing Register application. If the Housing Register application is made and approved in the name of more than one person, Housing NSW will automatically put the names of all applicants on residential tenancy agreement when an offer of housing is accepted.
- A written request at the time of sign-up Housing NSW will confirm its decision to approve or reject the client’s request, and the reasons for its decision, in writing.
- A written request during the tenancy. The joint tenancy must be with another member of the household. Housing NSW will confirm its decision to approve or reject the client’s request, and the reasons for its decision, in writing. If the request is approved a new tenancy agreement will be created and signed. A tenant on a continuous tenancy agreement will lose this lease entitlement if a joint tenancy is created with another approved household member who is not their spouse or de facto partner, see Types and Length of Lease policy (EST0208A).
Top of page
Length of residential tenancy agreement
Housing NSW offers residential tenancy agreements of different lengths depending on the circumstances of the client, the general policy applying at the time they are offered housing and any specific conditions that may be attached to the particular offer of housing. The length of tenancy offered by Housing NSW is a condition of the offer, see Offering a property to a client (ALL0100A).
There are limited circumstances where Housing NSW will consider a change to a fixed term lease of 2, 5 or 10 years. If the client submits information to confirm Aboriginality, receipt of pension or support program within three months of the lease being signed the length of lease may be changed, see Types and Length of Lease policy (EST0208A).
Under certain circumstances the client may be entitled to a continuous tenancy when returning to Public Housing because they previously held this type of tenancy. These cases are:
- A client has been approved for Housing Priority Tenancy Reinstatement (HPTR)
- A client agreed to transfer to Community Housing under the Property Transfer Program and later is approved to transfer back to Public Housing
- A client has been receiving Special Assistance Subsidy (SAS) in the private market and returns to Public Housing.
Top of page
Assessment Criteria
Length of leases offered by Housing NSW
| Situation |
Length of residential tenancy agreement |
| Emergency Temporary Accommodation |
3 month fixed term lease |
| Client that Housing NSW classifies as an unsatisfactory or less than satisfactory former tenant |
6 month fixed term lease |
| Witness Protection Program |
6 month fixed term lease |
| New Tenants housed from 23 October 2006 |
2, 5 or 10 year fixed term leases |
| Other situations including succession of tenancy, transfer and mutual exchange |
See the Tenancy Types Table PDF file, 164Kb). |
Top of page
Criteria for approving joint tenancies
|
Situation |
Criteria |
|
Housing Register made in the name of more than one person |
Both/all applicants meet all public housing eligibility criteria. |
|
Joint tenancy requested at the time of sign-up |
Both/all applicants meet Housing NSW’s eligibility criteria. |
|
Joint tenancy requested by an existing tenant |
All the people applying to be added to the tenancy agreement meet Housing NSW’s eligibility criteria;
There are not rent, water or non rent arrears for the existing tenancy;
The premises are suitable for the household size;
If the person wanting to become a joint tenant is an authorised member of the household. See Unauthorised/ Additional Occupants (EST0014A) |
Top of page
Evidence Requirements
|
Information required at sign-up |
Evidence |
|
Proof of Identity |
Birth certificate;
Baptism certificate; Marriage certificate;
Social Security or Pensioner Benefit Card;
A recent tax assessment
A current passport;
Motor vehicle driver’s licence
Motor vehicle registration form;
A savings bank passbook for an account that is used regularly;
Evidence of rent repayments over a reasonable time;
Health insurance documents;
Medicare card;
Evidence of credit accounts or hire purchase agreements;
Identification by a person acceptable to Housing NSW (for example, a representative of Housing NSW of Community Services, Department of Social Security or other welfare agency, but not Department of Housing employees);
Department of Corrective Services Release Card.
Housing NSW will not accept the same document as proof of both income and identity. |
|
Proof of income |
Acceptable proof of income is an advice from Centrelink (hard copy or received via Income Confirmation Scheme) or a letter from an employer stating the client’s income.
The client must be able to verify income for the household at sign-up. Housing NSW will stop the sign-up if the household’s income cannot be verified. The sign-up cannot continue until the household’s income has been verified.
Housing NSW will not accept the same document as proof of both income and identity. |
|
Proof or Aboriginality
(required for sign-ups to AHO properties and to determine length of lease) |
Completed confirmation of Aboriginality form and see Aboriginal People and Housing Assistance (ALL0030B) |
| Proof for Type and Length of Lease |
Clients must supply evidence to allow Housing NSW to confirm the household’s need for the length of lease to be offered, see Table 8: Evidence Requirements in Types and Length of Lease policy (EST0208A) |
Top of page
Appealing Decisions or Actions
If a client disagrees with a decision Housing NSW 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 Reviewing Decisions fact sheet, or read the Appeals and Review of Decisions (EST0015A) policy.
Legislative Requirements
Top of page