Former tenant categories applied by social housing providers

1. Eligible for a statement of satisfactory tenancy - tenants only

To be eligible for a tenancy statement, former social housing tenants must:

• not have breached their tenancy agreement, and
• have a current nil or credit balance on all linked accounts (rent, water, repairs and former tenancies), and
• have a satisfactory payment performance in respect of those accounts for the 12 months prior to the eligibility assessment for a tenancy statement.

For more information see the Private Rental Assistance policy.

Former tenants who were evicted (or left under threat of eviction) after their tenancy was terminated under Section 143 or 148 of the Residential Tenancies Act 2010 will be eligible for a tenancy statement provided they do not have other breaches outlined in the other categories listed in this policy.

Community housing tenants cannot apply for statements of satisfactory tenancy from Homes NSW. These tenants may be eligible for a similar product, if offered by their community housing provider.

2. Satisfactory former social housing tenants

This category applies to former social housing tenants who did not breach their former tenancy agreement. It also applies to former tenants who moved out of social housing:

• owing the provider less than $500 in rent, repairs, water usage or other charges, and
• where no more than two Strike Notices for antisocial behaviour were issued within the last two years of their tenancy.

Former satisfactory tenants will be eligible for a statement of satisfactory tenancy once:

• they have fully repaid any outstanding debts to the provider, and
• they have a satisfactory payment performance for the 12 months prior to their assessment for a statement.

3. Less than satisfactory former social housing tenants

Less than satisfactory former social housing tenants include those who:

• left the property of their own accord (without being evicted or being under threat of eviction or under a current Notice of Termination), or
• left the property through termination action under Section 143 and 148 of the Residential Tenancies Act 2010 (or Section 63B and 63F of the Residential Tenancies Act 1987), and:
• moved out owing the provider more than $500 in rent, repairs, water usage or other charges, or
• abandoned the property, or
• left the property in an unsatisfactory condition, or
• had substantiated complaints of antisocial behaviour that fell within the category of minor and moderate or serious antisocial behaviour.

Clients will be considered as less than satisfactory former tenants when substantiated complaints of antisocial behaviour in these categories resulted in the following action:

• a Notice of Termination being issued for antisocial behaviour
• an order obtained from the NSW Civil and Administrative Tribunal that a tenant had breached their tenancy agreement for antisocial behaviour, such as a Specific Performance Order. If an Order of Possession was sought, go to Unsatisfactory former social housing tenants.

Where incidents of antisocial behaviour are the result of complex needs, for example intellectual or psychiatric disability, social housing providers have in place senior specialist and/or Aboriginal specialist positions to assist the tenant with referrals for adequate support from the appropriate support agencies.

In determining when to apply the category the social housing provider will take into account factors such as:

• the level of cooperation from the tenant throughout the process of managing the issue, and
• any special circumstances or support needs of the tenant.

4. Unsatisfactory former social housing tenants

Unsatisfactory former tenants include former tenants who:

• were evicted from their tenancy due to a breach of the tenancy agreement, or
• vacated before an Order of Possession to evict them was enforced for a breach of the tenancy agreement, or
• had their tenancy terminated in accordance with a NSW Civil and Administrative Tribunal order and were signed to a new tenancy agreement, or
• are “repeat” less than satisfactory tenants (that is, they have moved out of a social housing property more than once and on more than one occasion were assigned a less than satisfactory category), or
• had substantiated complaints of minor and moderate or serious antisocial behaviour and:
  • were evicted, or
  • an Order of Possession was being sought but they vacated before the order was obtained, or
  • vacated before an Order of Possession to evict them was enforced.

Former tenants who were evicted or vacated under threat of eviction based on terminations under Section 143 of the Residential Tenancies Act 2010 (not eligible to reside in social housing) and Section 148 of the Residential Tenancies Act 2010 (the tenant rejected an offer of alternative social housing), or previously under the Residential Tenancies Act 1987 (Section 63B or 63F), will not have this eviction action included in the former tenant category assessment.

5. Ineligible former social housing tenants

Former tenants who are ineligible for social housing include those who:

• were evicted for an extreme breach of their tenancy agreement, or
• an Order of Possession was being sought but they vacated before the order was obtained for an extreme breach, or
• vacated before an Order of Possession for an extreme breach could be enforced.

Examples of extreme breaches may include:

• severe illegal antisocial behaviour, such as:
  • committing injury towards a neighbour or visitor which constitutes grievous bodily harm
  • physical assault or acts of violence against other tenants, neighbours or social housing staff or their contractors where there is no grievous bodily harm
  • the use of the premises for the manufacture, sale, cultivation or supply of any prohibited drug
  • the use of the premises for storing unlicensed firearms.
• Serious antisocial behaviour, which resulted in a direct application for termination at the NSW Civil and Administrative Tribunal under Section 92 of the Residential Tenancies Act 2010 for threats, abuse, intimidation or harassment by the tenant, or a member of their household, toward social housing staff or their contractors.
• the tenant or a member of their household was convicted of arson or deliberate damage of a social housing property, making it uninhabitable.
• the tenant, or a member of the household, is found guilty of social housing rent subsidy fraud in the criminal courts.

Conducting an unauthorised business is an illegal use of the premises, however it is not an illegal activity unless the business itself is unlawful.

Only Homes NSW Housing Services Executive District Directors or the Chief Executive of a community housing provider can determine whether a former social housing tenant is ineligible for social housing due to a serious breach of their tenancy.

In cases where the former tenant lived in an Aboriginal Housing Office property, the Chief Executive Officer of the Aboriginal Housing Office will determine whether the former tenant is ineligible for further housing assistance, following advice from the social housing provider.

Regarding Aboriginal former tenants, the Chief Executive Officer of the Aboriginal Housing Office will provide advice. The final decision about ineligibility for housing rests with the social housing provider.