During a tenancy - Being away from the property

1. Approving an absence from the property

Homes NSW will approve an absence from the property if it is satisfied that:

• The tenant has made arrangements to pay their tenancy charges, such as rent and water usage, while they are away. In some cases, the minimum rent may apply. For more information see the Charging Rent policy. In some cases, water usage charges may be adjusted. For more information see the Water Usage Charges policy.
• The property will be adequately cared for while the tenant is away.
• The tenant has an acceptable reason for going away.
• The tenant has not been away from the property for more than 365 days in the five years, prior to the first day of the next absence request.

Approval is required for absences of six weeks or longer.

2. Approved absences

Homes NSW will consider absences up to six months for:

• prison
• caring for sick/frail family members
• hospitalisation, institutional care, respite, nursing home care or rehabilitation
• escaping domestic and family violence, harassment or threats of violence
• assisting with immigration matters in the country of origin
• holidays
• employment, education or training.

Homes NSW will not approve repeat absences relating to holidays, assisting with immigration matters in the country of origin or employment/training.

3. Tenants going to prison

If a tenant is going into prison, they can apply to retain the tenancy for up to six months. However, if Homes NSW is reasonably satisfied that the imprisonment will be more than six months, Homes NSW can ask the tenant to relinquish the tenancy immediately. For more information see a tenant’s obligations when they end their tenancy section in the Ending a Tenancy policy.

Homes NSW will consider each case on its merits. However, if the reason for imprisonment is related to a breach of the tenancy agreement, Homes NSW will take action to terminate the tenancy. If the tenant has not been released from prison at the end of six months, Homes NSW will consider an application for Transition of tenancy from a remaining household member or terminate the tenancy.

4. Tenants going into a nursing home or respite

If the tenant goes into a nursing home or respite, Homes NSW will not approve requests for absences beyond the initial six months. The tenant should relinquish the tenancy or ask Homes NSW to consider an application for Transition of tenancy from a remaining household member. For more information see a tenant’s obligations when they end their tenancy section in the Ending a Tenancy policy.

5. Tenants going into a rehabilitation program

Tenants participating in a rehabilitation program can apply to retain their tenancy for up to six months. However, if Homes NSW is reasonably satisfied that the rehabilitation program will be more than six months, Homes NSW can ask the tenant to relinquish their tenancy immediately. For more information see a tenant’s obligations when they end their tenancy section in the Ending a Tenancy policy. Homes NSW will consider each case on its merits.

6. Tenants who relinquish their tenancy or have their tenancy terminated as a result of an absence

When termination action is taken by Homes NSW or the tenant relinquishes the tenancy, Homes NSW must notify the tenant of their former tenant category and how it may impact on their eligibility for social housing in future. For more information see Ending a Tenancy – Categorising a tenancy.