Changing a tenancy – Transition of tenancy

Following a Life Event Affecting a Tenancy

A Transition of tenancy occurs when a life event affects an existing tenancy and an eligible person applies to take over the tenancy.

1. Life Event Affecting a Tenancy

Transition of tenancy may only be considered where one of the following has occurred:

• death of a tenant
• incarceration of a tenant
• tenant leaving the household for health reasons.

2. Eligible applicants

2.1 Authorised household members (all clients)

Only authorised household members may apply unless an exception applies.

When assessing an application, Homes NSW will consider whether the applicant:

• is a current authorised occupant
• has evidence of rental contributions within the past two years (where applicable)
• is a formal or informal carer of children or young persons remaining in the property and:
  • was not part of the household at the time of the life event
  • cannot otherwise provide suitable housing, placing the children at risk of homelessness
  • agrees in writing to live in the property and continue providing care
  • is eligible for social housing. Go to Eligibility for Social Housing policy.
• is affected by other relevant factors (e.g. coercive control) that explain why they were not an authorised occupant
• has a child at risk in the household.

Eligibility requirements

Spouse or de facto partner must meet social housing eligibility (income and asset limits do not apply). 

Child of the tenant (18+) must meet full social housing eligibility, including income and assets.

Evidence is required. Go to item 27 on the Evidence requirements information sheet.

3. Formal and informal carers of children or young persons

3.1 Eligible carers

Transition of tenancy may be granted where a client is the formal or informal carer of children or young persons and meets the criteria above.

3.2 Carers who do not meet eligibility criteria

Homes NSW may still approve Transition of tenancy where:

• the client provides evidence they are the formal or informal carer
• it is in the best interests of the children
• no suitable alternative accommodation is available.

In these cases:

• Homes NSW may liaise with DCJ Child Protection
• approval may be conditional on the client relinquishing the tenancy if care arrangements cease.

Evidence is required. Go to item 28 on the Evidence requirements information sheet.

4. Evidence for live‑in carers who relinquished housing

Where a client advises they relinquished social housing to act as a live‑in carer, Homes NSW must verify this through one or more of the following:

• proof of Carer Payment or Allowance
• documentation from a health care professional confirming the caring role.

Evidence is required. Go to item 21 of the Evidence requirements information sheet.

5. Other household members (unauthorised occupants)

Homes NSW expects unauthorised household members to find alternative accommodation, usually in the private rental market. These clients:

• may apply for housing assistance, including social housing, via Housing Pathways
• are expected to vacate the property while waiting for an offer of social housing.

Exceptional circumstances

Homes NSW may grant Transition of tenancy where an unauthorised occupant:

• is eligible for social housing, and
• meets the exception criteria outlined below

A provisional lease does not affect eligibility for priority housing assistance.

6. Exceptions to minimum occupation requirements

Homes NSW may consider applications from unauthorised occupants where:

• the client was recently released from prison or institutional care and previously lived in the tenancy
• the client relinquished social housing to act as a live‑in carer
• a spouse or de facto partner temporarily left due to illness or caring responsibilities and can provide evidence of this
• the client can provide sufficient evidence they were living in the household prior to the Life Event Affecting the Tenancy.

Assessment will consider:

• likelihood the client would have remained in the household
• tenancy history
• ability to meet housing needs elsewhere.

7. Evidence requirements for unauthorised occupants

Where Homes NSW was unaware a client was living in the property, eligibility must be verified using at least two items of evidence such as:

• Centrelink statements
• utility bills
• Driver’s licence or NSW Photo Card
• evidence of coercive control.

For more information go to the Evidence Requirements Information Sheet.

8. Aboriginal and/or Torres Strait Islander clients and AHO properties

8.1 Authorised household members

Assessment criteria are the same as for other clients, with culturally appropriate consideration.

8.2 Aboriginal clients not currently in the household

Homes NSW may consider Transition of tenancy in the following circumstances:

• Former Aboriginal Welfare Board dwellings: where the applicant is a descendant of the original occupants
• Homes NSW or AHO tenancies: where the applicant is the tenant’s child, was actively raised by the tenant, grew up in the property, and has a long-term connection to the home and community.

All other eligibility requirements must still be met.

Go to the Evidence Requirements Information Sheet and the Changing a Tenancy policy for more information.

9. Non‑Aboriginal clients in AHO properties

• Homes NSW will generally recommend refusal unless the client:
  • is an authorised occupant, or
  • is a formal or informal carer of children at risk of homelessness, and
  • is eligible for social housing, and
  • can demonstrate coercive control or other exceptional factors

Final approval sits with the AHO. AHO tenancy eligibility requires that a person be eligible for AHO products and services.

Go to the Evidence Requirements Information Sheet and the Changing a Tenancy policy for more information.

Where the decision is to decline:

• Homes NSW will help eligible clients transfer to a non‑AHO property that meets their current housing needs when one becomes available.

Go to the Aboriginal Housing Office Eligibility for Services policy for more information.