Changing a tenancy - Relocating tenants for management purposes

1. Relocations for portfolio management purposes

Homes NSW makes decisions about properties within its portfolio. This includes properties owned by the Land and Housing Corporation, the Minister administering the Housing Act 2001 and the Aboriginal Housing Office.

Homes NSW will relocate a tenant for portfolio management purposes when the owner:

• intends to sell a property or a group of properties
• intends to demolish a property or a group of properties
• will redevelop the land the property is on to provide more appropriate housing
• has designated the property for occupation by a particular client group, such as older people, and the tenant or household does not belong to this client group
• has designated the property for transfer to community housing management
• does not own the property and the lease with the private landlord has expired.

Or for any other compelling reason relating to property portfolio management.

2. Relocations for tenancy management purposes

Homes NSW will relocate a tenant for tenancy management purposes for the following reasons:

• under-occupancy – the property is too large for the tenant’s household, for example, due to changing circumstances such as children leaving home. For more information, see Social Housing Eligibility and Allocations policy supplement
• 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
• the owner 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 or antisocial behaviour that involves or affects the tenant
• the property or its location is unsuitable for the tenant and their capacity to sustain a Homes NSW managed tenancy is threatened
• any other compelling reason whatsoever relating to the management of a particular tenancy.

Where a household has a child in out-of-home care and family restoration to the household is being considered or carried out, Homes NSW will include the child in calculations of under-occupancy as if they were living in the home.

3. Relocation of younger tenants from Senior Communities properties

Relocation will be offered to younger tenants within the six month transitional period, which is the date from when the owner classifies the complex as Senior Communities. Date of classification is the date tenants are advised in writing that the complex is Senior Communities.

Younger tenants living in Senior Communities can meet with Homes NSW staff to discuss their relocation options. If the tenant agrees to be rehoused, they will be relocated in accordance with the procedures for relocating tenants for management purposes.

Within the six month transitional period, an agreement with the tenant and Homes NSW needs to be in place in accordance with the Relocation Statement. The tenant will be offered accommodation when a suitable match for an available property can be made.

Some parts of the policy for relocating tenants for management purposes will not apply. Sections relating to terminating tenancies under Section 149 of the Residential Tenancies Act 2010 will not be used when a relocations statement has been issued within the six month transitional period. This means that Homes NSW's right to take action at the NSW Civil and Administrative Tribunal to terminate the tenancy if the tenant refuses all reasonable rehousing offers will be waived. It will then be assumed that the tenant wants to stay living in the complex.

At the end of the six month transitional period tenants who request to be relocated to alternative accommodation must apply for a transfer and be assessed under the transfer criteria.

4. The relocation process

Telling the tenant about the relocation

Homes 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 the Homes NSW makes a confirmed portfolio management decision.

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

Interviewing 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 Homes NSW can:

• make an appropriate offer of alternative housing, and
• offer the tenant appropriate assistance during the relocation process, and
• where appropriate, make arrangements to move approved alterations the tenant has made to the property. In the circumstances where it is not possible to relocate the approved alterations, the tenant can seek reimbursement, please see the Alterations to a Home policy for more information.

Whenever possible, Homes NSW will request the relocation needs interview to be carried out at the tenant’s property. This will help identify client housing needs/supports (for example property modifications) and identify any property alterations eligible for reimbursement. Homes NSW expects the tenant to cooperate with Homes NSW by making themselves available for this interview. Homes NSW will proceed without completing this step if the tenant does not respond after reasonable notice.

Giving the tenant an individual relocation statement

The relocation statement sets out in writing the tenant’s housing and relocation entitlements, as approved by Homes NSW and may include:

• the type and size of the property you will be offered
• advice of the tenant’s subsidy entitlement
• advice of the tenant’s tenancy agreement conditions
• details of the allocation zone to which the tenant is approved to move
• details of the tenant’s need for special housing requirements, such as ground floor, home modifications etc.
• an estimation of relocation timeframe
• if relevant, a statement noting the tenant’s interest in returning to the redevelopment site
• details of the relocation/re-establishment expenses that Homes NSW is willing to meet
• details of the improvements/fixtures that Homes NSW has noted as requiring possible relocation or reimbursement
• advice of the number of offers the tenant will receive
• details of any additional agreements that have been made with the tenant
• information relating to Section 148 and 149 of the Residential Tenancies Act 2010 and Homes NSW's willingness to take action at the NSW Civil and Administrative Tribunal to terminate the tenancy if the tenant refuses all offers of suitable alternative housing
• the steps that the tenant can take to seek a review of any decision taken by Homes NSW to terminate their tenancy on the basis that the offers of suitable alternative housing have been rejected.

This relocation statement will be used as evidence in any review of the decision to terminate the tenancy; on the grounds that alternative social housing has been offered.

Confirming that Homes NSW's information about the tenant’s housing needs is up to date

Homes NSW will contact the tenant periodically, and at the time of making an offer of alternative housing, to ensure the tenant’s housing needs and circumstances are correct.

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

Offering alternative housing to the tenant

Homes NSW will follow the approach set out in the Matching and Offering a Property to a Client policy to identify alternative properties that meet the needs of the tenant and their household.

Final offers of alternative housing made by Homes NSW to tenants who are being relocated for management purposes will be made under Section 149 of the Residential Tenancies Act 2010. A Notice of Intention to Issue a Notice of Termination will be issued to the tenant when Homes NSW makes a final offer of alternative housing. There is one exception, for younger tenants being relocated from Senior communities where their relocation statement has been issued within the six month transitional period. Refer to Relocation of younger tenants from Senior Communities properties for more information.

In exceptional circumstances, Homes NSW may decide to make one offer of alternative housing to tenants who are being relocated for management purposes. For more information see Relocation offers. In these cases, the offer will be made under Section 149 of the Residential Tenancies Act 2010. A Notice of Intention to Issue a Notice of Termination will be given to a tenant at the same time the offer is made.

When an appropriate property is identified, it will be offered to the tenant using the approach set out in the Matching and Offering a Property to a Client policy.

Recording the tenant’s response to the offer

Homes NSW will follow the approach set out in the Matching and Offering a Property to a Client policy to:

• record the tenant’s response to the offer, and
• if the tenant rejects the offer, decide whether the tenant’s rejection of the offer was reasonable.

Homes NSW may extend this timeframe for a short time if the tenant requests it and has good reasons for making the request.

Offer accepted – making final arrangements for signing the new tenancy agreement and relocation

Homes NSW will liaise with the tenant about:

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

Homes NSW will follow the approach in the Starting a Tenancy policy when signing the tenant to their new tenancy agreement.

First reasonable offer not accepted and the tenant will receive more than one offer

Where a tenant is to receive more than one offer, a second offer will be made.

Final reasonable offer not accepted - Notice of Intention to Issue a 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 149 of the Residential Tenancies Act 2010 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 the tenant may apply to the landlord for a review of the decision within 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, and
• state the tenant is entitled to make representations to the landlord orally or in writing as to why the existing agreement should not be terminated.

For tenants being relocated for management purposes, a Notice of Intention to Issue a Notice of Termination will be issued to the tenant when Homes NSW makes a final offer of alternative housing.

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 149 of the of the Residential Tenancies Act 2010 of the decision to give the Notice of Termination, or the end of the review itself.

Review by landlord

A tenant may decide whether or not to apply to the landlord for a review of the decision and make written or oral representations to the landlord as to why the existing agreement should not be terminated. If oral representations are made, the landlord will record a file note of such oral representations.

A tenant has 14 days after the Notice of Intention to Issue a Notice of Termination 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 149 of the (PDF 934.44KB) (PDF 934.44KB)Residential Tenancies Act 2010.

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

To ensure that the tenant’s representations are fully and adequately considered, a Homes NSW officer of at least 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’) is, upon application by a tenant, to review the decision under Section 149 of the Residential Tenancies Act 2010 to issue a Notice of Termination.

The reviewer must, during the review, take into account those factors relevant to the Section 149 notice.

Relevant factors could include the following:

• The need to redevelop a particular property, neighbourhood, locality or estate.
• The extent of serious neighbourhood disputes.
• The requirements of the landlord to manage social housing tenancies in a manner which reduces neighbourhood disputes and social unrest.
• 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 engage in further antisocial behaviour.
• The need to maximise the use of all housing resources.

The reviewer will consider:

• any representations made by the tenant, and
• the particulars of reasons provided by the initial decision maker as per Section 149(3) of the Residential Tenancies Act 2010, and
• the Procedures Approved by the Minister for Reviews under Section 149 of the (PDF 934.44KB) (PDF 934.44KB)Residential Tenancies Act 2010.

Time within which review is to be heard and finalised

The reviewer shall hear and consider all required matters and record the considerations and proposed decision within seven calendar days of the receipt of the application for review from the tenant.

The reviewer will then refer their report to the Housing Appeals Committee.

Referral to the Housing Appeals Committee

The review will be referred to the Housing Appeals Committee to provide a ‘useful oversight function.’ 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 and independent function.

Relevant considerations for the Housing Appeals Committee include:

• 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 149 of the Residential Tenancies Act 2010
• the Procedures Approved by the Minister for Reviews under Section 149 of the (PDF 934.44KB) (PDF 934.44KB)Residential Tenancies Act 2010.

Time within which review is to be heard and finalised

With one exception, the Housing Appeals Committee shall be required to issue its recommendation within seven days after receipt of the matter from the reviewer.

The exception is:

• A review to determine the reasonableness of the first offer of social housing made to tenants being relocated for management purposes, will be completed within 21 calendar days of the receipt of the application from Homes NSW.

Decision of landlord

Upon return of the recommendation from the Housing Appeals Committee, the reviewer must consider any recommendation from the Housing Appeals Committee.

The reviewer acting for the landlord will, within a period of five days upon receipt of the recommendation from the Housing Appeals Committee, make the decision as required by Section 149(6) of the Residential Tenancies Act 2010.

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 will notify the tenant of the decision.

Right to second review if new offer made

If there is a further review under Section 149(7) of the Residential Tenancies Act 2010 arising from a new offer of alternative accommodation, the second review will be conducted in a similar manner and with similar procedural requirements as to the first review.

Notice of termination

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 148 of the Residential Tenancies Act 2010.

5. Restriction and approval of rehousing location

Homes NSW may restrict relocation to certain locations:

• to minimise the risk of serious antisocial behaviour
• where there are limited properties in the location
• where the relocating tenant’s housing needs cannot be met in the location within a reasonable period of time
• where the relocating tenant’s support needs cannot be met in the location within a reasonable period of time
• where the tenant has nominated a high demand allocation zone but does not meet the locational needs criteria for that area
• where there is a legal restriction on the tenant or a member of their household living in a particular location
• where a person, agency or entity external to Homes NSW has made an assessment that a specific rehousing location would be inappropriate in specific circumstances and Homes NSW has accepted that assessment.

Homes NSW may approve relocation to certain locations. Where the nominated allocation area is high demand approval will be given:

• where the tenant is able to establish a locational need for the allocation area, and
• where Homes 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 antisocial behaviour associated with the tenant or tenancy, Homes NSW considers there is a minimal risk of antisocial behaviour occurring in the new location, and
• where there is no compelling external reason why the tenant’s choice of location should not be approved.

Where the nominated allocation area is not high demand approval will be given:

• where Homes 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 antisocial behaviour associated with the tenancy, Homes NSW considers that there will be minimal risk of the antisocial behaviour occurring in the new location, and
• where there is no compelling external reason why the tenant’s choice of location should not be approved.

6. Assistance with the relocation process (including returning to a property after redevelopment)

While each tenant’s situation will be different, the types of assistance that Homes NSW could consider include:

• assistance with moving expenses, utility reconnection fees, or establishment expenses in the new property
• reimbursement for approved alterations made to the tenant’s current property if alterations cannot be removed and the new property does not have comparable alterations or amenities
• moving approved alterations from the tenant’s current property to their new property and reinstalling them, after approval from Homes NSW. Where a Homes NSW tenant is moving to a property managed by a community housing provider, the moving of any alterations will be negotiated with the community housing provider.

If the tenant is being relocated for portfolio management purposes, Homes NSW may provide assistance if it is satisfied that the expense is:

• reasonable, and
• incurred as a result of Homes NSW requiring the tenant to relocate to another property.

If the tenant is being relocated for tenancy management purposes, Homes NSW may provide assistance if it 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.

7. Relocation offers

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

The need to achieve Homes NSW's broader strategic or operational outcomes outweighs the desire of Homes NSW to make two offers of alternative accommodation to the tenant.

Broader operational outcomes can include:

• Homes 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 accommodation.
• seeking to end a situation of antisocial behaviour or disruption in the neighbourhood associated with a particular tenant or tenancy
• a documented history of the tenant failing to respond to communications from Homes NSW within a reasonable period of time.
• a compelling external reason.

What is a reasonable offer?

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 tenant during the relocation process.

For more information about the criteria Homes NSW applies to decide if an offer is reasonable, see the Matching and Offering a Property to a Client policy.

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

Homes 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 specified 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.

8. Decision to give the tenant notice that Homes NSW intends to issue a Notice of Termination

Homes NSW is satisfied that:

• the tenant’s housing needs have been fully and correctly assessed.

9. Eligible to request to return to a property after redevelopment

Homes NSW will consider the request where:

• the tenant is being relocated so that their property can be redeveloped, and
• after redevelopment, properties on the site will be used to provide social housing.

10. Approval to return to a property after redevelopment

If the properties on the site will be managed by Homes 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, and
  • specific features of the property, such as modifications or ground floor access that must be required by the household, and
  • 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, and
  • specific features of the property such as modifications or ground floor access that must be required by the household, and
  • 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. Homes NSW , in conjunction with the community housing provider, can request that this happens either:
  • when relocated from the current 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.