Ending a tenancy - Categorising a tenancy

Homes NSW and community housing providers participating in Housing Pathways will apply the same types of categories to former social housing tenants. However, a community housing provider may have their own policy which they may use to determine which category should be applied to a particular tenant.

Assessing former social housing tenancy debts under the NSW Limitation Act 1969

Under section 14 of the NSW Limitation Act 1969 a client can only be held legally responsible for a debt from their former social housing tenancy for a period of:

• six years from the date that the debt was first incurred.

  • If the debt is acknowledged or payment is made in that six years, debt repayments can continue to be accepted for an additional period of six years from the date of acknowledgement or last payment. After that the client cannot be held legally responsible for the debt, or

• 12 years from the date of a court order if a judgement has been obtained against a former tenant regarding that debt.

  • Debt repayments can be accepted for a period of 12 years from the date of judgement. If only partial payment is received in those 12 years, payments can continue to be accepted for a further six years from the date of last payment.

A tenant is responsible for a debt for six years after the NCAT has made orders that the debt is payable. That time period can be extended by six years to 12 years if the NCAT orders are ratified by a Court (e.g., the Local Court) within six years of the date of the NCAT order.

If the above time periods for acknowledging or repaying debt have expired, the social housing provider can still categorise the former tenant based on the amount of debt that they were previously responsible for and apply some conditions when determining the client’s eligibility for further housing assistance. For more information on which conditions can be applied see Specific conditions for former social housing tenants.

Assessing the circumstances of the client when applying a category

Before applying one of the following categories to a former social housing tenant the social housing provider must ensure their organisation’s policies for managing the relevant tenancy issue have been followed. This includes taking into account any special circumstances and support needs of the client and ensuring there is the required evidence of a tenancy issue.

For more information see the Homes NSW:

• Antisocial behaviour policy regarding antisocial behaviour
• During a Tenancy policy regarding other breaches of the tenancy agreement
• Account Management policy regarding management of arrears for rent, water and other charges
• Tenant Repair Costs policy regarding damage to a property
• Ending a Tenancy policy regarding abandonment of a property
• Tenancy policy supplement regarding tenants who relinquish their tenancy or have their tenancy terminated as a result of an absence and Homes NSW’s requirement to notify a former tenant of their category
• Rent Subsidy Non-Disclosure policy regarding being found guilty of social housing rent subsidy fraud in the criminal courts.