1. Background
Tenants can expect the Department of Family and Community Services - Housing NSW to comply with the obligations of a landlord under the Residential Tenancies Act 2010. Housing NSW expects tenants to comply with the terms of their tenancy agreement. At the start of each tenancy, Housing NSW will create a written tenancy agreement, outlining those terms, with the tenant.
The purpose of this policy is to explain how Housing NSW starts a tenancy. The Tenancy Policy Supplement provides further information to support this document.
2. Scope
This policy applies to all clients (including applicants and existing tenants) who accept accommodation in properties owned or managed by Housing NSW, including tenants of the Aboriginal Housing Office.
3. Policy statement
Housing NSW will start a tenancy in accordance with:
- The Housing Act 2001
- Residential Tenancies Act and Regulations
- This policy.
Both the tenant and Housing NSW have rights and obligations under the above Acts, the residential tenancy agreement and this policy.
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Starting a tenancy
Housing NSW starts a tenancy when a client accepts an offer of accommodation in a property owned or managed by Housing NSW.
Within one week of the client accepting the offer, Housing NSW will make an appointment with the client to sign a residential tenancy agreement. Housing NSW will advise the client what information they need to bring to the sign-up appointment.
Signing a tenancy agreement
At the sign-up appointment, Housing NSW will create a written residential tenancy agreement. The agreement sets out the terms and conditions of the tenancy and includes a property condition report, which documents the condition of the property at the time the tenant first moves into the property.
At the time of signing the tenancy agreement, the client will become a tenant. Housing NSW will explain the rights and obligations under the tenancy agreement and provide the tenant with a copy of The Renting Guide (published by the Office of Fair Trading). Housing NSW will also ask the tenant to:
- Confirm various details, such as proof of their identity and proof of household income. For more information, go to Proof of identification and Proof of income and assets.
- Confirm their Aboriginality, if relevant. For more information, go to Aboriginal clients.
- Where relevant, continue to repay, or arrange to repay, former debts owed to Housing NSW. 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.
- Complete documents related to starting the tenancy, for example, an application for rent subsidy.
- Pay two weeks rent and water usage charges in advance at the nearest post office. For more information on payment methods, see the Tenancy Charges Policy.
- Complete the property condition report by inspecting the property, deciding if they agree with the comments on the report and writing comments where they disagree.
- Return the property condition report, completed and signed, to Housing NSW within 7 days of moving into the property.
Housing NSW will investigate and resolve any comments on the property condition report that indicate the client disagreed with Housing NSW’s assessment of the property condition.
Creating a joint tenancy
Usually, one person will sign the tenancy agreement. However, there are situations where Housing NSW will create a joint tenancy.
A joint tenancy is where a residential tenancy agreement is in the name of more than one person. Each person on the agreement is legally responsible for the obligations contained in the agreement. All joint tenants must be present when signing the agreement. For more information, go to Approving a joint tenancy.
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The length of the lease
Most tenancy agreements will be for a fixed term period of two, five or ten years. The length of the agreement will depend on the circumstances of the client, the general policy applying at the time Housing NSW offers the client housing, and any specific conditions attached to the particular offer of housing. For more information, go to the Assessment criteria for allocating the length of lease.
There are limited circumstances where, within three months of the tenant signing a fixed term lease of two or five years, Housing NSW will agree to change the length of that lease. These are where the tenant provides new information or where the original decision on the length of a lease is changed because of a review or appeal. Housing NSW will not consider a change to a three or six month lease. For more information, go to Changing the length of lease after sign-up.
Situations where Housing NSW will not sign a tenancy agreement with a client
Housing NSW will not sign a residential tenancy agreement with a client who is under 18 years of age unless a solicitor or a representative of the NSW Trustee and Guardian has explained the tenancy agreement to the client.
Housing NSW will not sign a residential tenancy agreement with a client if it has doubts about the client’s ability to fully participate in the process, or if the client does not meet Housing NSW’s policy requirements. For more information, go to Sign-up will not proceed.
4. Legislation and compliance
Housing NSW will start a tenancy in accordance with the provisions of the Residential Tenancies Act 2010 and the Housing Act 2001.
5. Further information
Appeals and review of decisions
If a tenant 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 Housing NSW made the wrong decision, is to ask for a formal review of the decision. For information on how reviews work, the tenant can ask the Client Service Officer for a copy of the fact sheet Reviewing Decisions, or read the Client Service Delivery and Appeals Policy.
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