Changing a Tenancy Policy
Last published 01 Nov 2018
The Department of Family and Community Services (FACS) tenancies may change for a number of reasons, including:
- FACS relocates a tenant to another property for management purposes (also called a management initiated transfer).
- mutual exchange with another tenant
- the original tenant dies or leaves the household as a result of being imprisoned or for health reasons.
The intent of this policy is to explain the criteria for changing a FACS managed tenancy based on each of the reasons above. The Tenancy Policy Supplement provides further information to support this document.
This policy applies to all tenancies managed by FACS, including Aboriginal Housing Office tenancies.
This policy does not apply to tenant initiated requests to transfer to another property for example due to:
- needing a larger or smaller property
- needing a property with different characteristics
- breakdown of the household or family.
Information about tenant initiated requests for transfer is contained in the Transfer Policy.
3. Policy statement
FACS will change tenancies in accordance with:
- the Housing Act 2001
- the Residential Tenancies Act 2010
- the Residential Tenancies Regulation 2010
- the terms of the residential tenancy agreement
- where relevant, FACS policies.
Both the tenant and FACS have rights and obligations under the above Acts, the residential tenancy agreement and, where relevant, FACS policies.
Relocating tenants for management purposes
As a social housing landlord, FACS has the right to ask any tenant to relocate to another suitable property, identified by FACS, that:
- meets the tenant's known housing and locational needs, and
- allows continued access to services, and
- supports the creation of a successful and sustainable tenancy in the new location.
FACS will only require a tenant to relocate for valid reasons related to the management of a tenancy or the property portfolio. For more information, go to Relocations for portfolio management purposes and Relocations for tenancy management purposes.
Relocations will apply to any tenant asked by FACS to relocate for management purposes, including a tenant who:
- has been approved for a transfer
- is seeking a mutual exchange
- has a household income that is over the social housing entry eligibility limit. For more information, go to Income eligibility limits.
If necessary, FACS will enforce its right to relocate a tenant to another suitable location by taking termination action through the NSW Civil and Administrative Tribunal.
Aboriginal Housing Office tenants subject to relocation
FACS, as managing agent for the Aboriginal Housing Office, will consult with the relevant Regional Manager of the Aboriginal Housing Office to ensure that affiliation with family and land is supported for Aboriginal Housing Office tenants being relocated for the following reasons:
- redevelopment/Sale of Property
- serious anti-social behaviour.
Relocation from a FACS complex that is designated as a Senior Communities complex
When FACS designates a complex as a Senior Communities complex, tenants who are 54 years and younger (44 years if Aboriginal or Torres Strait Islander) can relocate to appropriate alternative accommodation within the first 6 months of the complex being designated as Senior Communities. For more information, go to Relocation of younger tenants from Senior Communities properties.
Large-scale relocations of whole communities managed by FACS
Sometimes FACS will undertake large-scale relocations of whole communities, or public housing areas. In this situation, FACS may appoint a project team to manage the relocation process.
When undertaking a larger scale relocations project, FACS may decide to set up a community reference group or hold community forums to provide information. FACS will make a decision to set up a group or forum after considering relevant factors such as the scale or complexity of the relocation process, the appropriateness of other available communication or feedback options and the level of interest from members of the community affected by the relocation.
Millers Point relocations for portfolio purposes
Tenants who are relocating from Millers Point may make use of a choice-based letting system called My Property Choice.
Under this approach, tenants are able to view vacant properties which match their entitlement in any location and decide whether to bid for them. There are open house viewings for the properties and a set time limit to put in a bid. If there is more than 1 bidder, names are drawn in a ballot.
My Property Choice is an additional option to give people some level of choice and supplements the traditional approach to the offer of vacant properties to applicants.
Unsuccessful bids for properties under this process will not count as a formal offer of a property under the 2 offer policy of alternative accommodation for relocating tenants. An offer only becomes a formal offer, once the tenant has been advised that their bid has been successful and agrees to sign a tenancy agreement. Once the offer is accepted the tenant will be required to sign the tenancy agreement within 24 hours.
My Property Choice does not apply to all properties. It does not, for example, apply to properties which have particular features such as a modified property or to properties which are under consideration by a tenant or client as part of the normal allocations process.
No aspect of the My Property Choice process is appealable. Millers Point tenants may, however, appeal the reasonableness of relocations offers to the Housing Appeals Committee where such offers were made outside the My Property Choice process. For more information regarding appeal rights, go to the Client Service Delivery and Appeals Policy.
Relocation from a property that is being redeveloped
In a situation where FACS relocates a tenant from a property that will be redeveloped to provide social housing, the tenant can express their interest in returning to live at the site after the redevelopment is complete. This would mean relocating the tenant while the redevelopment project is undertaken and then a second relocation to return them to the site when it is complete.
FACS will consider requests from tenants to return after the property redevelopment is complete on a case-by-case basis. FACS will consider the tenant's housing needs when making its decision. For more information, go to Eligible to request to return to a property after redevelopment and Approval to return to a property after redevelopment.
What areas can FACS relocate a tenant to?
Relocating tenants are able to nominate the area they would like to move to. FACS will approve this area unless there are compelling policy or operational reasons to decline the tenant's nomination. For more information, go to Restriction and approval of rehousing location.
How will a tenant be relocated?
When FACS relocates a tenant it will:
- tell the tenant about the relocation.
- interview the tenant to find out their housing and relocation needs.
- give the tenant an individual relocation statement outlining their relocation entitlements.
- confirm that information about the tenant's housing needs is up to date.
- offer alternative housing to the tenant. Most tenants will receive 2 reasonable offers of alternative accommodation; however, in some circumstances a tenant may only receive 1 offer. For more information, go to Relocation offers.
- make final arrangements for the tenant to sign a new tenancy agreement when they accept an offer of alternative housing
- issue a Notice of Intent to Issue a Notice of Termination if the tenant rejects all reasonable offers of alternative housing and, where necessary, issue a Notice of Termination and apply for termination of the tenancy at the NSW Civil and Administrative Tribunal.
For more information, go to The relocation process.
Assistance with the relocation process
FACS will provide practical assistance to relocating public housing tenants where it is appropriate and necessary for helping the tenant and their household to relocate.
FACS will assess each tenant's situation on a case-by-case basis and make a decision based on the individual circumstances of the tenant. FACS aim is to help the tenant establish a tenancy in the new location that is likely to be successful and sustainable. Also, where the tenant has made approved alterations to their current property, FACS will consider transferring this level of amenity to the new property. A tenant can apply for reimbursement for approved alterations, excluding swimming pools, if an alteration cannot be removed and the tenant is relocated for management purposes to a property which does not have comparable alterations or amenities. If a FACS tenant is relocating to a property managed by a community housing provider, any transfer of amenity to the new property will be negotiated with the community housing provider on an individual case-by-case basis. For more information, go to Assistance with the relocation process.
FACS will also work with the tenant to identify any support services that they may require in the new area, make appropriate referrals to those agencies and encourage the tenant to follow up on referrals.
Number of offers for a tenant relocating for management purposes
FACS tenants who are being relocated for management purposes will, in most cases, receive 2 offers of alternative accommodation. In exceptional circumstances, FACS may decide that it will make 1 offer of alternative housing to its relocating tenants.
Rejection of reasonable offers for relocation
If a FACS tenant rejects all reasonable offers of alternative social housing, FACS will undertake a final check to confirm that the offer(s) made to the tenant took into account all of their known housing needs and were consistent with the entitlements set out in the tenant's individual relocation statement. For more information on reasonable offers, go to the Matching and Offering a Property to a Client Policy.
If a FACS tenant is under-occupying their property and rejects all reasonable offers of alternative social housing, a Vacant Bedroom Charge will be applied to their tenancy by adjusting the tenant’s rent subsidy. For more information on Applying a Vacant Bedroom Charge, go to the Charging Rent Policy.
FACS has the legal right to terminate a tenancy on the grounds that it has made an offer of alternative social housing. This legal right is set out in Section 148 of the Residential Tenancies Act 2010.
The processes that FACS is legally required to follow when relying on Section 148 to terminate a tenancy, including the review processes, are set out in Sections 149 and 150 of the Residential Tenancies Act 2010.
Section 149 also requires the Minister for Family and Community Services to publish procedures for reviews under Section 149 of the Residential Tenancies Act 2010.
Reviewing an approved relocation for management purposes
To ensure that a relocation continues to reflect the tenant's current housing situation, FACS will coordinate a review of relocations for management purposes:
- every 6 months, or
- when new information from either the tenant or FACS prompts a review.
Following a review, FACS may change the priority of a relocation for management purposes to take account of any differences in the level of urgency of the tenant's circumstances.
FACS will undertake an assessment of the degree of urgency when it must move a tenant being relocated for management purposes as a matter of urgency.
Type and length of lease
Where FACS relocates a tenant to a property managed by a community housing provider and also approves that tenant to return to public housing as part of the same relocation process, FACS will offer them the same type of lease as their previous public housing lease.
FACS offers leases of different types and lengths after a change of tenancy, depending on a client's circumstances. For more information, go to Changing a tenancy - Type and length of lease offered in the Tenancy Policy Supplement
Where a FACS relocates a tenant to an alternative property managed by a different housing provider, the tenant will be offered a type and length of lease in accordance with the individual provider's policy.
Paying rent after relocation
Tenants of FACS who are relocated to another property managed by FACS will be charged rent as follows:
- if they receive a rent subsidy, FACS will calculate the rent for the new property in the same way as for the current property. This may result in a change to the amount of rent paid if there have been recent changes to the household income or number of people in the household. For more information, see the Charging Rent Policy.
- if they pay the market rent, FACS will ask the tenant to pay the market rent for the new property. In the case where the market rent for the new property is higher than the market rent currently paid by the tenant, and the tenant is not eligible for a rent subsidy, FACS will consider limiting the additional rent the tenant is expected to pay.
Where FACS relocates a tenant to an alternative property managed by a different housing provider, the tenant's rent will be assessed in accordance with the policy of the individual provider.
All community housing providers calculate rent in accordance with the Community Housing Rent Policy.
Paying a rental bond after relocation
FACS tenants who relocate to another FACS property may be required to pay a bond in accordance with the Rental Bonds Policy.
A FACS rental bond will not be transferred from an existing tenancy to a new tenancy. FACS will claim the bond for any outstanding charges, and any remaining bond credit on the former tenancy after the claim process has been finalised will be refunded by NSW Fair Trading to the tenant. A new bond will then be applied to the new tenancy, if applicable.
Transfer of tenancy management from public housing to a community housing provider
FACS is transferring the tenancy management duties of some tenancies to community housing providers. This does not affect every tenancy across NSW, only those identified by FACS. If you are residing in a location where tenancies will be managed by community housing providers in the future, FACS will contact you before the transfer occurs.
The NSW Government passed legislation in October 2016 that has made the transfer of FACS Housing tenancies to community housing providers automatic. Given these legislation changes, the transfer to a community housing provider is not an appealable decision and FACS is able to transfer the management without the client’s consent. The amendment to the Housing Act 2001 in October 2016, allows FACS to provide personal and health information related to tenants and their household members to their new community housing provider to enable them to adequately prepare for the transfer.
For more information including fact sheets, go to Management transfer program.
The following criteria only apply to tenancies managed by FACS. It does not apply to tenancies managed by community housing providers. Community housing providers will manage applications for mutual exchange in accordance with their own individual policies.
What is a mutual exchange?
A mutual exchange is where one tenant exchanges properties with another tenant. It provides a way for public housing and Aboriginal Housing Office (AHO) tenants to move to a location they prefer, or to obtain more suitable accommodation.
Mutual exchanges can only occur between tenancies managed by FACS. This means that, provided the eligibility criteria are met, a tenant of FACS or the Aboriginal Housing Office:
- can mutually exchange with another FACS or Aboriginal Housing Office tenant
- cannot mutually exchange with a tenant of a community housing provider.
Finding a property to exchange
FACS provides a computer matching service to help public housing and AHO tenants find and contact other public housing and AHO tenants living in homes 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. There is no charge for this service.
When FACS finds a match, it will notify each tenant and send them a letter containing the name, phone number and address of the other tenant. The tenants then make their own arrangements to view each other's homes. Tenants are under no obligation to accept an exchange and can reject an alternative home without penalty.
Additionally, tenants may also advertise or arrange an exchange themselves (although FACS must approve the exchange before it can take place). Tenants cannot offer financial or other incentives to encourage other tenants to exchange. If FACS becomes aware that incentives of any form are involved, it will not approve the exchange.
Assessing a request for a mutual exchange
If the tenants agree to exchange, they must notify their local FACS office. FACS will advise tenants in writing whether it has approved or declined their application for mutual exchange. For more information, go to Criteria for approving a mutual exchange.
FACS must approve a mutual exchange before the tenants move. If they move before approval is given, they may have to return to their previous dwellings. Moving without approval is a breach of the tenancy agreement.
What happens when FACS approves a mutual exchange?
Tenants must sign a new tenancy agreement for the new home. They sign at the same time, preferably in the same office. Tenants are responsible for arranging keys and for paying their own removal costs. If FACS has approved a tenant for a transfer, FACS will take them off the NSW Housing Register when the mutual exchange is finalised.
Tenants who exchange into a headleased or Public Equity Partnership property cannot buy the property or carry out any modifications or additions.
Tenants approved for a mutual exchange may be required to pay a bond in the new tenancy if tenant damage charges of $500 or more in a single instance is substantiated and applied to the vacating tenancy.
Recognition as a tenant
The following information applies only to tenancies managed by FACS. It does not apply to tenancies managed by community housing providers. Community housing providers manage applications for recognition as a tenant or succession of tenancy in accordance with their own individual policies.
When deciding whether to approve recognition as a tenant, FACS will balance the rights of access to public housing and Aboriginal housing against the need to make public housing available to clients on the NSW Housing Register, particularly those approved for priority housing.
What is recognition as a tenant?
Recognition as a tenant is the situation that arises when a household member or other eligible person connected to the household requests to continue living in a property managed by FACS, including an Aboriginal Housing Office property, after one of the following recognition as a tenant events has occurred. The tenant has:
- died, or
- left the property as a result of being imprisoned, or
- left the property due to health reasons, for example has entered a nursing home or an institutionalised care facility.
If none of the above events has occurred, the client will not be assessed for a provisional lease or recognition as a tenant.
Where an applicant is approved for a Provisional Lease or Recognition as a Tenant, a bond may apply if they had tenant damage charges of $500 or more in any former tenancy, in their own name during the six years before they sign the new lease.
Situations where the recognition as a tenant process, including a provisional lease does not apply
The recognition as a tenant process does not apply in the following circumstances:
- If the tenant leaves due to a breakdown in the household relationship; or an application is submitted to the NSW Civil and Administrative Tribunal under Section 79 of the Residential Tenancies Act 2010, FACS will consider the other household member's future housing need under the Family breakdown/separation section of the Transfer Policy.
- If a tenant vacates their tenancy by choice, FACS expects all household members to leave the property. Household members may apply for other housing assistance products through Housing Pathways.
- Between different housing providers. For example, a public housing tenant cannot be granted recognition as a tenant or succession to a community housing tenancy.
- If a tenant leaves a joint tenancy, FACS will consider the tenant who leaves future housing needs under the Transfer Policy.
- If a tenant is being re-signed after their tenancy has been terminated by the NSW Civil and Administrative Tribunal.
Situations where the recognition as a tenant process, including a provisional lease will not be approved
Tenancies managed by FACS are exempt from the recognition as a tenant provisions under Section 77 of the Residential Tenancies Act 2010.
FACS will not approve recognition as a tenant, including a provisional lease if:
- the tenancy has not been relinquished by the tenant or the tenant’s legal representative
- the tenancy has not been approved to be taken over upon receipt of a death certificate, where a 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
- whilst an occupant of any FACS or Aboriginal Housing Office property, the client committed acts of violence, for example, physical attacks or serious verbal threats directed at neighbours or FACS staff
- whilst an occupant of any FACS or Aboriginal Housing Office property, the client was involved in illegal activities in that property
- the client has been convicted of arson or deliberate damage to any FACS or Aboriginal Housing Office property
- the client is an unsatisfactory or ineligible former tenant.
FACS will use its rights under the Residential Tenancies Act 2010 to seek termination of the tenancy and an order for possession of the property.
Timeframe to apply
Household members must inform FACS of the recognition as a tenant event as soon as possible. If they wish to be assessed to continue living in a property managed by FACS they must lodge an application for housing assistance, and a recognition as a tenant supplement within the following timeframes of a recognition as a tenant event:
- All clients except Aboriginal and Torres Strait Islander people – within 6 weeks of recognition as a tenant event, or
- Aboriginal and Torres Strait Islander people (who have confirmed their Aboriginality), or those seeking recognition as a tenant to an Aboriginal Housing Office property – within 10 weeks of recognition as a tenant event.
Part A of the Recognition as a Tenant Supplement notifies FACS that a recognition as a tenant event has occurred. FACS will consider this information and determine if the household is eligible for a provisional lease.
Parts A and B must be completed by a household if they wish to apply for recognition as a tenant. FACS will assess this information and determine if the household is eligible to continue living in a property managed by FACS.
FACS may consider extending these timeframes, particularly for spouses or de facto partners 55 years and over, household members that are caring for the tenant and people who are the formal or informal carer of children or young persons in the household, if the client demonstrates that there are extenuating circumstances. For example, difficulty ending the previous tenancy despite having made genuine efforts or a medical condition or disability which made it difficult to lodge an application within the timeframe.
Number of applications per household
FACS will only approve 1 application for recognition as a tenant per household. FACS will consider each applicant's eligibility to determine who is granted recognition as a tenant. In general, a spouse or de facto partner of the tenant who is 55 years of age or older, or a formal or informal carer of children or young persons will be granted recognition as a tenant ahead of other household members.
Common eligibility criteria for recognition as a tenant
All clients requesting recognition as a tenant must demonstrate that they meet the following criteria:
- Are an Australian citizen or permanent resident, and
- Agree in writing to relocate if the current property does not match their assessed housing requirements, and
- Except for formal and informal carer of children or young persons living in the property, be an approved additional occupant of the household or included on applications for rent subsidies for:
- 2 years prior to the request, or
- The whole of the tenancy if it is less than 2 years old, and
- Have had a satisfactory occupation within the tenancy for the above period, or otherwise satisfy FACS that they will be able to sustain a tenancy.
FACS applies additional criteria and processes for assessing eligibility for recognition as a tenant:
- Recognition as a tenant – all clients except Aboriginal and Torres Strait Islander people or clients residing in an Aboriginal Housing Office property
- Recognition as a tenant – Aboriginal and Torres Strait Islander people residing in public housing or clients residing in an Aboriginal Housing Office Property
The information in this section applies to the majority of clients requesting recognition as a tenant. The Recognition as a Tenant Supplement consists of 2 parts, A and B.
Part A: Provisional lease - all clients
FACS will consider the information in Part A of the Recognition as a Tenant Supplement and determine if the household is eligible for a provisional lease.
FACS will offer a 6 month provisional lease to people who submit an application within the required timeframe provided they meet the criteria for provisional leases set out in the Types and Length of Lease Policy. This criteria includes clients applying who may be either authorised or unauthorised occupants living in the property. These clients will also be considered for recognition as a tenant, if they have requested it in their application form.
People assessed as ineligible for social housing assistance as high risk registered persons are not eligible for a provisional lease.
People who do not submit an application within the required timeframe and who have not been granted an extension due to extenuating circumstances will have their application declined but will be offered a 3 month provisional lease provided they meet the criteria for provisional leases set out in the Types and Length of Lease Policy. This will allow them to have stable housing while they seek alternative accommodation. They will be required to move out of the property at the end of the 3 month lease.
If a client is not eligible for a provisional lease, FACS will decline any application for recognition as a tenant that has been lodged. The client may still apply for other housing assistance products through Housing Pathways.
1. Part B: Recognition as a tenant – all clients except Aboriginal and Torres Strait Islander people and clients residing in an Aboriginal Housing Office property
FACS will consider the information in Part B of the Recognition as a Tenant Supplement and determine if the household is eligible to continue living in a property managed by FACS. FACS will first assess if the client meets the common eligibility criteria for recognition as a tenant set out above.
Specific criteria for recognition as a tenant – all clients except Aboriginal and Torres Strait Islander people and clients residing in an Aboriginal Housing Office property
If the client meets the common eligibility criteria set out above, FACS will grant recognition as a tenant to clients if they meet the following specific criteria:
- Spouse or de facto partner 55 years of age or older
- Formal or informal carer of children or young persons
- Relinquished a social housing tenancy to act as a live-in carer to the tenant or other household member
- Other household members – including spouse or de facto partner under 55 years of age.
2. Part B: Recognition as a tenant – Aboriginal and Torres Strait Islander people and clients residing in an Aboriginal Housing Office property
The information in this section applies to Aboriginal and Torres Strait Islander clients residing in public housing who are able to confirm their Aboriginality or clients residing in an Aboriginal Housing Office property. FACS will consider information in Part B of the Recognition as a Tenant Supplement and determine if the household is eligible to continue living in a property managed by FACS.
If the client meets the common eligibility criteria set out above, and they have confirmed their Aboriginality, FACS will grant recognition as a tenant to clients if they meet the following specific criteria. For more information regarding confirmation of Aboriginality see the Social Housing Eligibility and Allocations Policy Supplement.
- Spouse or de facto partner
- Formal or informal carers of children or young persons
- Relinquished a social housing tenancy to act as a live-in carer to the tenant or other household member
- Other household members
- Aboriginal and Torres Strait Islander clients not part of the household
- Recognition as a tenant to a non-Aboriginal client residing in an Aboriginal Housing Office property.
Outcomes for all clients
FACS, in conjunction with Aboriginal Housing Office, will assess requests for recognition as a tenant and either:
- grant approval for the client to continue living in a property managed by FACS. If recognition as a tenant is approved, FACS will grant a 2 year, 5 year, 10 year or continuous lease, depending on the client's entitlement, when the provisional lease ends. For further information about the type and length of lease FACS will offer see Changing a tenancy – Type and length of lease offered in the Tenancy Policy Supplement, or
- decline approval for the client to continue living in a property managed by FACS. When this occurs FACS expects all household members to leave the property. FACS will use its rights under the Residential Tenancies Act 2010 to seek termination of the tenancy and an order for possession of the property.
Where FACS proposes to decline an application for recognition as a tenant from an Aboriginal or Torres Strait Islander person to a NSW Land and Housing Corporation (public housing) property, it may ask the Aboriginal Housing Office to comment on this proposal. This is consistent with FACS aim to make culturally appropriate decisions concerning Aboriginal people.
Where FACS recommends declining recognition as a tenant of an Aboriginal client to an Aboriginal Housing Office property, it must refer this decision to the Aboriginal Housing Office for review before it is finalised.
If recognition as a tenant is approved, FACS will confirm that the previous tenancy is relinquished or formally ended under the Residential Tenancies Act 2010, or a more suitable property for the household identified, and then ask the client to sign a tenancy agreement. For information about the type and length of lease FACS will offer see Changing a tenancy – Type and length of lease offered in the Tenancy Policy Supplement.
If recognition as a tenant is declined, FACS will ask the people living in the property to move out. FACS will use its rights under the Residential Tenancies Act 2010 in order to ensure the property is vacated.
Considerations for all clients applying for recognition as a tenant
If the client is a young person aged 16 or 17 years, they may be granted recognition as a tenant if they demonstrate they are able to care for themselves and can meet the terms of the tenancy agreement. For further information see the Eligibility for Social Housing Policy.
Accounts of the previous tenant
FACS cannot pass on the debts of the former tenant to the new tenant when there is a change of tenancy and a new tenancy agreement is signed. If a tenant dies, FACS will claim the rental bond (if one exists) for any money they owe before writing off any remaining debts. If any of their accounts are in credit FACS will pay the money to their estate. If a tenant leaves the property, FACS will claim the bond (if one exists) for any money they owe, and then treat any remaining debit or credit as a vacated account.
Requirement to move to a different property
When FACS grants recognition as a tenant, it assesses whether the property the person is living in matches their housing requirements. If the property does not match the client's housing needs, FACS will ask the client to agree to relocate to a suitable property as a condition of granting approval to continue living in public or Aboriginal housing. If the client fails to agree to relocate, recognition as a tenant will not be approved.
If the client has been approved for recognition as a tenant, and has been granted a 2, 5, 10 year or continuous lease, should they fail to comply with the agreement to relocate, FACS will enforce its right to relocate the tenant under the Residential Tenancies Act 2010. For more information see Relocating tenants for management purposes.
For clients residing in public housing who have been granted a provisional lease and the client:
- withdraws their consent to relocate during the provisional lease, and recognition as a tenant has been approved, the approval will be rescinded by a delegated officer and FACS will commence action to terminate the tenancy at the end of the provisional lease, or
- withdraws their consent to relocate during the provisional lease, and recognition as a tenant has not yet been approved, then recognition as a tenant will not be approved.
FACS will not approve recognition as a tenant to appointed agents unless they are already another household member, or they are the tenant's spouse or de facto partner and the tenant has relinquished the tenancy. For more information on appointing an agent see the During a Tenancy Policy.
4. Legislation and compliance
If FACS decides to relocate a tenant for management purposes, it still reserves its right at all times to issue a notice of termination of a residential tenancy agreement if there have been breaches of the residential tenancy agreement. This proviso applies to ensure FACS can comply with its legislative obligations as well as its contractual obligations under the residential tenancy agreement.
5. Related documentation
- Tenancy Policy Supplement
- Transfer Policy
- Section 149 of the Residential Tenancies Act 2010
- Procedures Approved by the Minister for Reviews under Section 149 of the Residential Tenancies Act 2010
- Matching and Offering a Property to a Client Policy
- Charging Rent Policy
- Community Housing Rent Policy
- Client Service Delivery and Appeals Policy
- Rental Bond Policy
6. Further information
Appeals and review of decisions
If a client disagrees with a decision a social housing provider has made, they should first discuss their concerns with a staff member from the provider that made the decision. The next step, if they still believe the social housing provider made the wrong decision, is to ask for a formal review of the decision. For information on how reviews work, the client can ask the housing provider for a copy of the fact sheet appeals and reviewing decisions, or read the Client Service Delivery and Appeals Policy.