Antisocial behaviour in public housing

Categories of antisocial behaviour

We have separated antisocial behaviour into 3 categories. 

Minor and moderate antisocial behaviour

Behaviour which disturbs the peace, comfort or privacy of other tenants or neighbours.

Serious antisocial behaviour

Behaviour that severely disturbs neighbours. It may also include behaviours that place the safety of tenants, their families, neighbours or Homes NSW staff at risk. It may also cause damage to a Homes NSW property.

Severe illegal behaviour

Behaviour which poses a risk to the safety or security of residents or property. It includes behaviour which may result in criminal charges, conviction or significant damage to a Homes NSW property.

Reporting antisocial behaviour

To report antisocial behaviour:

• Contact your client service officer.
• You can also use the Serious Incident Diary and Witness Incident forms available on our website. These can be completed as a paper form or submitted online. 

Make sure to include:

• Specific dates and times of incidents
• Whether NSW Police were contacted, and
• Details about the people involved.

After a complaint is received:

• We will contact the complainant to gather evidence
• We may speak with other witnesses and relevant agencies, including NSW Police
• We will contact the person the complaint is about and may invite them to attend an interview to discuss the allegations
• If appropriate, we may identify the matter as a neighbourhood dispute and recommend mediation
• We may also refer tenants to support services to get the help they need to change their behaviour.

How we manage antisocial behaviour

We investigate all allegations of antisocial behaviour and tenants are given the opportunity to respond.

Where appropriate, tenants may be invited to participate in an interview to respond to the allegations. For serious or severe illegal behaviour, where an interview is not appropriate, the tenant may respond as part of the NCAT process.

Following our investigation, we will advise all parties of the outcome. 

If an allegation is substantiated, we will take the following action.

Minor and moderate behaviour

•    For a first offence, a warning notice will be issued which lasts for 12 months.
•    A warning cannot be appealed.
•    If the behaviour continues, strike notices may be issued.
•    Receiving three strikes within 12 months can lead to eviction. 

Serious behaviour

•    We will generally issue a Notice of Termination followed by an application to the NCAT to seek termination of the tenancy. 

Severe illegal behaviour

• We will generally apply directly to the NCAT for immediate termination of the tenancy.
• The tenant may also be ineligible for future social housing.

Probationary leases

Most new tenants will be put onto a 12 month probationary lease when they come into public housing.

Probationary leases set expectations of tenants from the start of their tenancy to pay rent, show respect for neighbours and meet the other conditions of their lease.

What to do if a complaint is made against you

• If we receive a complaint about your tenancy, we will contact you and may invite you to attend a scheduled interview to discuss the allegations.
• You can seek support to help you meet your tenancy obligations and reduce risk to your tenancy. You can contact the following services for free and independent advice.
• Tenants Advice and Advocacy Service
  To locate your closest office, enter your postcode in the TAAS service finder.
• Aboriginal Tenants Advice and Advocacy Services
  (local numbers provided)
• Tenants’ Union of NSW
  1800 251 101
  (Monday 10am to 1pm and 2pm to 5pm)
• NSW Fair Trading
  133 220
• Law Access NSW
  1300 888 529

Appealing a strike notice for antisocial behaviour

If you believe we’ve made the wrong decision about issuing a strike notice, talk to your client service officer about your concerns. If you still disagree, you can appeal the decision. For more information, go to the Appeals Policy.