Fixed term leases and lease review
Last published 24 Nov 2017
Clients are generally offered a fixed-term lease of 2, 5 or 10 years to reflect the length of time that people are likely to need public housing.
What is a fixed-term lease?
A fixed-term lease is a residential tenancy agreement that runs for a set time. It has a start date and an end date. Most new tenants of FACS and the Aboriginal Housing Office (properties managed by FACS) are offered a fixed-term lease of 2, 5 or 10 years. All new tenants who are assessed as eligible for a 5 or 10 year lease are required to enter into a fixed term 12 month probationary lease. In some circumstances, however, clients can be offered a fixed-term lease for 3 or 6 months.
There are a number of factors we consider when we decide the length of lease we offer to clients. For more information about how we decide a length of lease go to the Types and Length of Lease Policy or contact your local FACS office or call the Housing Contact Centre.
What is a probationary lease review?
Before your 12 month probationary lease ends, we review whether you are eligible for an extension of your probationary lease. You will be eligible for the balance of your assessed lease term (a further 4 or 9 years) if, at the time of review you have complied with the conditions of your lease.
If you have not complied with the conditions of the lease you may be asked to attend an interview to discuss your tenancy obligations. FACS may take action to end the tenancy under the Residential Tenancies Act where there has been repeated or persistent breaches of the tenancy which have not been rectified despite attempts by FACS to have the tenant address the situation. Tenants who have difficulty meeting their obligations under the tenancy agreement due to complex needs, will be referred to appropriate support services to assist the tenant to manage and sustain their tenancy.
What if I don’t agree with the probationary lease review decision?
If you believe we made the wrong decision, you should first discuss your concerns with a client service officer. If FACS seeks to end your tenancy, you will have the opportunity to have your concerns heard by the NSW Civil and Administrative Tribunal (NCAT).
What is a lease review?
Before your 2, 5 or 10 year lease ends, we review whether you are eligible to have your lease extended. There are a number of factors that we consider when we review your lease before offering you an extension of your lease, including the household income, age of household members and any medical/disability requirements.
You will receive a lease review survey before the end of your lease. You need to complete the survey and return it to us by the due date. After we update the information from the survey, we will write to you telling you the length of lease you will receive.
If you don’t return the lease review survey, we will conduct the review based on the most current information we have on file
If you are not eligible for a further lease
If you are not eligible for a further lease, we will advise you that you must move out of the property on or before the end date of your lease. We will offer information and assistance to help you move into private housing.
What if I don’t agree with the fixed-term lease length or lease-review decision?
If you believe we made the wrong decision, you should first discuss your concerns with a client service officer. You can also ask to have the decision reviewed. To do this, fill in the application for review of decisions – Section 145 form, available online or at your local FACS office.