Changing, renewing or ending a tenancy
Understand how your tenancy with FACS can be changed, renewed or ended
Tenants may be transferred by FACS Housing to meet a range of management purposes such as redevelopment or under-occupancy.
The mutual exchange program helps tenants already housed by FACS Housing find other tenants who might want to exchange FACS Housing dwellings.
Social housing tenants may apply for a transfer to another property if their existing property is no longer suitable for their needs.
Since 23 October 2006, most new tenants entering public housing are offered a fixed term lease of 2, 5 or 10 years. FACS Housing reviews fixed term leases before they end to decide if a tenant is eligible for a lease extension, and if eligible, are given a further fixed term lease of 2, 5 or 10 years.
If eligible for a lease extension, the tenant is not required to sign a new tenancy agreement. FACS Housing will issue a notice which will legally extend the previous tenancy for the new fixed term period.
When tenants decide to leave public housing, they should give FACS Housing 21 days notice in writing, or 14 days notice in writing if the tenant is on a fixed term tenancy agreement.
This section gives a brief overview of the choices public housing tenants can make regarding moving out of their current property.
It provides information about moving out of public housing, the mutual exchange program and recognition as a tenant.
Social housing tenants, including public housing tenants, may also apply for a transfer to another property if their current property is no longer suitable for their needs.
Vacating a property
When tenants decide to leave public housing they should give the FACS Housing 21 days notice in writing, or 14 days notice in writing if the tenant is on a fixed term Tenancy Agreement.
For more information please see the Ending a Tenancy Policy.
When tenants move out of a property there may be amounts remaining in their accounts. This is known as a Vacated Account.
More information is available in the Account Management Policy.
Claiming a Rental Bond
A bond can be claimed by the tenant or FACS. The tenant can submit a claim through FACS or directly with the NSW Fair Trading (NSWFT). However, FACS will encourage tenants to always discuss the claim with their client service officer to facilitate agreement of any charges and refunds.
For more information go to the FACS Housing-Ministerial Guidelines for Rental Bonds-2018
Mutual exchange program
The mutual exchange program provides a way for FACS Housing tenants to move to a location they prefer, or to get more suitable accommodation, by exchanging with another FACS Housing tenant.
FACS Housing provides a computer matching service to help tenants find and contact other tenants living in FACS Housing properties that are suitable to mutually exchange. An exchange may involve more than 2 tenants.
The time taken to find a match depends on the availability of tenants in the desired location who want to exchange.
FACS Housing will only approve a mutual exchanges if:
- rent accounts are up to date
- water usage accounts are up to date
- the number of bedrooms is appropriate to the size of the household
- any damage to the current dwelling is fixed before moving
- household income level does not exceed the income eligibility limits for public housing (this condition may by waived if the exchange is related to a medical condition or disability that means the current housing is unsuitable)
- there are no substantiated nuisance and annoyance complaints against the tenancy
- the tenant agrees to accept the relevant type and length of Tenancy Agreement when they move.
Recognition as a tenant
Recognition as a tenant is when FACS Housing agrees to transfer a tenant's right to live in a FACS Housing or Aboriginal Housing Office property to another member of their household.This may occur if the tenant dies or leaves the property due to imprisonment, ill health or disability.
FACS Housing provides recognition as a tenant to ensure that household members will not be made homeless or forced to suffer undue hardship because the tenant has died or left the property.
FACS Housing's choice
This section briefly describes the circumstances in which FACS Housing may relocate a public housing tenant.
From time to time FACS Housing may require tenants to move from their home to another social housing property. The move could be because:
- The house is too big for the household
- The house has been modified for a person with a disability who no longer lives there
- The property is not owned by FACS Housing and the lease with the private landlord has expired
- FACS Housing intends to demolish the house and re-develop the site with more modern buildings, or
- FACS Housing intends to sell the house.
When this happens we will re-house the tenant in a dwelling that meets their needs.
For more information about relocations, please see the Changing a Tenancy Policy.