Transition of tenancy

Transition of tenancy allows an eligible person to take over a tenancy in a Homes NSW managed property (including Aboriginal Housing Office (AHO) properties managed by Homes NSW) after a life event affecting a tenancy (life event) has occurred, this includes:

• The tenant has passed away
• The tenant has gone to prison
• The tenant has left the tenancy due to health reasons. For example, they have moved into a nursing home or care facility.

Who can request Transition of tenancy?

You can request Transition of tenancy if:

• You are an authorised household member
• It is within 10 weeks of the life event occurring
• You meet eligibility criteria:
  ✔ Be an Australian citizen or permanent resident
  ✔ Agree to move if the property is not suitable for you
  ✔ Be listed as an authorised household member or carer
  ✔ Have a good history in the tenancy or show you can manage one
  ✔ Be eligible for social housing.

You cannot apply if:

• The tenant left by choice
• The household broke down (e.g. due to violence or separation)
• You’re not listed as an authorised household member.
   

Important things to know

• Only one application per household will be approved.
• A bond may be required if you’ve had damage charges over $500 in the past six years.
• You won’t be approved for a 6 month provisional lease or Transition of tenancy and all household members must leave the property if:
  • the tenancy has not been relinquished by the tenant or the tenant’s legal representative. See Relinquishment of Tenancy Consent Form
  • the tenancy has not been approved to be taken over upon receipt of a death certificate, where the tenant has died without a will and the estate is not being managed by the NSW Trustee and Guardian
  • the tenancy has not been formally ended under the Residential Tenancies Act 2010 within a reasonable timeframe, usually 6 weeks
  • you’ve committed acts of violence, made serious verbal threats or committed illegal activity in any Homes NSW managed property
  • you’ve been convicted of arson or deliberate damage to any Homes NSW managed property
  • you’re an unsatisfactory or ineligible former tenant.

How to request Transition of tenancy

1. Notify Homes NSW of the life event as soon as possible.
2. Complete an Application for Housing Assistance.
3. Complete Parts A and B of the Transition of tenancy request form.
4. Submit your Application for Housing Assistance, Transition of tenancy request form and any supporting documents within 10 weeks of the life event occurring. See Evidence Requirements Information Sheet.
   • If eligible, you’ll be offered a 6-month provisional lease while your application for Transition of Tenancy is assessed.
   • If not eligible for a 6-month provisional lease, all household members must leave the property.

Special circumstances

Aboriginal and Torres Strait Islander clients

• If you live in an AHO property, your application may be reviewed by the AHO.
• You must be eligible for AHO services to live in an AHO property.
• Homes NSW and the AHO may consider applications for a 6 month provisional lease and Transition of tenancy on a case-by-case basis for:
  • Aboriginal and/or Torres Strait Islander clients who are not part of the household

Young people (16–17 years)

• You may be approved if you can show you’re able to manage the tenancy.

Provisional lease assessment

If you're applying for a 6-month provisional lease, your eligibility is assessed using different criteria than a standard application for housing assistance.

This means that if you are granted a provisional lease, you do not have access to the same entitlements, such as mutual exchange or transfer requests, that are available to approved social housing tenants.

Transition of tenancy assessment

Homes NSW will assess your request for Transition of tenancy and notify you of the outcome.

• If approved, you may be offered a tenancy with a continuous lease:
  • In most cases, the lease will be for the property you currently occupy.
  • In some cases, you may be required to relocate to a more suitable property (e.g. if the current property is too large or specially modified).
• If not approved, all household members must leave the property.

If you disagree with a decision

If your request is not approved:

• You can lodge an appeal for an independent review if you believe you are eligible for social housing.
• If you provided written consent on your request, a review will be conducted automatically.
• You have 7 days to submit additional information to your local office.
• If you didn’t provide written consent on your request, you will need to lodge an appeal. Go to the Appeals Policy for timeframes to apply. See Review of Decisions – First Tier Appeal Application form available on the NSW Government website.

If the decision remains unchanged after the internal review, your case will be referred to the Housing Appeals Committee for an independent review.

If your appeal is unsuccessful

• You must leave the property at the end of your provisional lease.
• You may apply for housing assistance, including help to start a private rental tenancy.
• If you do not vacate the property, Homes NSW will begin proceedings to terminate the tenancy through the NSW Civil and Administrative Tribunal (NCAT).

For more information, refer to the Appeals and Reviewing Decisions Fact Sheet available on the NSW Government website.

Need help or have questions?

Visit the NSW Government website or speak to your local housing office.