PolicyTransfersSDMS ID Number P2012/0178-024SDMS Title Transfers – Policy – P2012/0178-024Effective From 15 June 2015Applies to Housing Tasmania and relevant social housing organisationsCustodian Manager Housing StrategySummary The purpose of this policy is to provide guidance about transfer

and under what circumstances a tenant may be eligible to be placed on the wait list. Only tenants that meet the transfer eligibility criteria will be considered for a transfer.

Replaces Doc. No. Single Transfer (no number)Author Area Housing Strategy – Social and Affordable Housing Policy UnitContact Coordinator, Social and Affordable Housing Policy UnitReview Date June 2018

Policy Intent Tenants’ needs may change over time and sometimes it may be appropriate for a household to transfer to another property that is better suited to their needs.Tenants wishing to transfer must meet the transfer eligibility criteria before they are assessed by Housing Connect under the Housing Assessment Prioritisation System (HAPS). This includes:

tenancy history, current and prior debt, as well as having a genuine need to transfer.

Tenants wanting to transfer from their Housing Tasmania home must talk to Housing Tasmania to discuss their eligibility for a transfer before discussing their housing needs with Housing Connect.If there is a genuine need to transfer, Housing Tasmania will give the applicant a transfer approval letter. The applicant must take this letter with them to their Housing Connect appointment. Housing Connect cannot do the housing needs assessment without the letter.Since the introduction of the Housing Assessment Prioritisation System, there is no longer a need for a separate transfer application.Tenants who wish to transfer to an alternative property are assessed by Housing Connect and if eligible, are placed into the wait list as either a General or Priority applicant. Sometimes a social housing organisation will elect to transfer a household to another property. This is known as a Department (or Organisation) Initiated Transfer (see details below).

Application This policy is applicable to any public housing or Aboriginal housing tenant wanting to apply for a transfer to an alternative public or Aboriginal housing dwelling.Tenants must meet the transfer eligibility criteria and are not guaranteed a property offer at any time throughout the

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process. A social housing organisation reserves the right to cancel or refuse a transfer application, but will only do so with adequate reason.

Eligibility Transfers are intended to assist tenants whose current housing is unsuitable to their needs and who are unable to solve their current housing problem themselves.A transfer is not a process to move problematic tenancies from one area to another. This especially the case for problematic behaviour and neighbourhood issues.Tenants are eligible for a transfer only after 12 months from the start of the tenancy. This is when a tenant first signed their public housing tenancy agreement and moved into their current property. Tenants who seek a transfer when their circumstances have not changed will not be eligible. By accepting their current property that property is deemed appropriate to their needs. Any application made must show that the tenant’s situation has changed since they moved into the property they occupy. There must be a clear and demonstrated need for a transfer.To be considered for transfer, tenants must meet the transfer eligibility criteria. Housing Tasmania will undertake a transfer eligibility assessment to determine:

Whether the tenant has arrears on their current rental account

The level of outstanding debt on any prior tenancy (including that of any declared household member)

Tenancy History (including condition of property, rental payment history and verified anti-social incidents)

Whether legal processes have commenced to end the tenancy

Whether the tenant remains eligible for public housing.Transfer applicants who do not meet the transfer eligibility criteria must remain in their current tenancy or consider

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alternative housing options to public housing though Housing Connect.Transfer applicants who meet the criteria are provided with a transfer approval letter which they must provide to Housing Connect at their next assessment appointment.Housing Connect is responsible for undertaking an assessment of eligibility and housing need. To be assessed as eligible for public housing, an applicant must:

be a Tasmanian resident be an Australian Citizen or Permanent Resident be 16 years or older be a low income earner eligible for a Commonwealth

Health Care Card not have financial assets exceeding $35,000 per

household, and not own land or a home of your own.

Housing Connect will also undertake an assessment of housing need to determine whether the tenant has a General or Priority housing need.Tenants are ineligible for transfer if they fail to meet any one of these eligibility criteria or if they are assessed as not having a General or Priority housing need.

Current and/or Prior Debt

Tenants whose current rental account is in arrears will not be eligible for a transfer.If a tenant or any of their household members have a debt relating to a previous tenancy or any other amount owing, the application for transfer will not be accepted until the tenant or household member has entered into a debt repayment agreement and has demonstrated a commitment to repay monies owed.A commitment to repay is evident when regular fortnightly payments are being made and an amount equal to 80 per cent

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of the original debt has been repaid.This does not apply to tenants who require a transfer on the grounds of family violence. These tenants will be assessed for transfer regardless of any outstanding charges on current or previous tenancies. Supporting documentation is required for this to be considered.Discretion may be applied in specific and extenuating circumstances when tenants have not repaid a debt to this level, providing all other criteria are met.

Tenancy History Tenants must have a satisfactory tenancy history over the past two years to be eligible for a transfer. If the tenancy is less than two years old, the tenant generally will not be eligible for a transfer until 12 months after the start of the tenancy.A tenant will be considered to have an unsatisfactory tenancy history where there are repeated, substantiated episodes of anti-social behaviour or repeated documented breaches of the tenancy agreement which may include:

Abatement notices False or misleading information on review of Household

Income Statement Ongoing rent arrears Ongoing condition of property issues not related to

reason for transfer Malicious behaviour Notice to Vacate.

Legal Process Tenants are not eligible for transfer where legal action to end their tenancy has commenced in response to any of the breaches described above.

Assessment Once eligibility is established, each transfer applicant’s housing need is assessed in against the attributes based Housing Assessment Prioritisation System (HAPS).The attributes are situations or circumstances that help to

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assess housing need.The attributes are:

Affordability Homelessness Safety Health and mobility

Transfer need To be considered for a transfer, tenants must have demonstrated need and a legitimate reason to transfer. Even if a tenant has good reason for a transfer, in some circumstances the application may not be approved if it will place the new tenancy at risk and/or increase the likelihood of homelessness in the future.Demonstrated need includes the following:

Overcrowding (including kinship care and reunification where relevant)

Under occupancy Urgent need / at risk Family violence / violence and assault Medical condition / ill health Requirement for a modified environment Requirement to relocate to take up employment

Generally applications will not be considered outside the above reasons. The assessing organisation will determine whether a tenant is eligible for a transfer. In most cases, supporting information is required to help in the assessment process.After the assessment has been confirmed, transfer applicants are placed on the waitlist as either a General or Priority applicant. Being placed on the waitlist does not guarantee a transfer offer will be made or that the application will remain active.

Review Transfer applicants will be reviewed:Page 6 of 10

When the client presents with a change in circumstancesOR When a suitable property becomes available. In this

circumstance the pre-allocation process will be undertaken to establish that eligibility, need and location preferences have not changed.

Department (or Organisation) Initiated Transfers

In some instances, social housing organisations may require that a household transfer to an alternative dwelling. This could occur where:

significant modifications or renovations to the property are required,

redevelopment of the site is planned, or the property is underutilised (for example bedroom

numbers) or the property is a type not specifically required by the

tenant (for example disability modified) and in demand.The approval of an Organisation Initiated Transfers will be dependent on the transfer meeting social housing organisation objectives, and will reflect sound asset management and/or client service principles.Where a transfer is approved as a Department/Organisation Initiated Transfer, Housing Tasmania will:

Give the tenant an appropriate period of notice (not less than four weeks, except in cases of emergency). In some cases, this amount of notice will not be possible but all efforts to work with the tenant will occur.

Make an offer of suitable alternative accommodation, when a suitable property becomes available

Ensure, wherever possible, that they have similar access to health, education, transport and employment services

Continue to work with the tenant until a property that meets the tenant’s assessed current housing needs is able to be offered

In the case of renovation, where appropriate and possible, offer the tenant the opportunity of returning to the dwelling

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Assist the household in meeting reasonable removal and relocation costs.

Organisation Initiated Transfers - Reasonable Costs

Tenants may request for relocation costs to be covered by the social housing organisation managing their tenancy. Tenants must provide two written quotes (in relation to furniture removal) for the request to be considered. Making a request does not result in immediate approval.Reasonable relocation costs may include:

Telephone re-connection Power and/or gas re-connection Furniture removal including transit insurance

Suitable Offers Tenants list their area preferences once their transfer is approved. The area in which the tenant currently lives will automatically be added to the area preference list unless the reason for transfer is location-based or other extenuating circumstances exist. Housing Tasmania may list specific areas when a Department/Organisation Initiated Transfer is required. Where relevant, this will be discussed with the tenant.A suitable offer is based on the information provided on the application and is one which meets all of the transfer applicants assessed household needs. This includes:

Bedroom entitlements Requirement for modifications Locational needs Safety considerations

If an offer of accommodation does not meet one or more of these specifications, it will not be considered a suitable offer and therefore generally will not be made. Offers outside the area may be made on occasions where appropriate. If a tenant rejects such offers, this is not defined as an unreasonable rejection.

Declines Transfer applicants who unreasonably decline one suitable

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offer will have their application cancelled.There may be situations where this is inappropriate but this will be determined on a case by case basis and by exception only and approved by the organisation’s delegate.

Acceptance of an Offer

Tenants who accept an offer of appropriate accommodation in any of their stated preferred areas do so on the understanding that they do not have grounds for transfer if they do not like the area or the property once they move in. If previously unknown issues arise after the transfer, the tenant will need to contact Housing Tasmania to discuss a new transfer.

Legal Framework This Policy adheres to the Residential Tenancy Act 1997 where relevant.

Exemptions n/a

Responsibilities/ Delegations

All Housing Operations staff are responsible for ensuring the appropriate application of the policy. Area Managers are accountable for policy application.

Disclaimer This is a statewide policy and must not be re-interpreted so that subordinate policies exist. Should discrete operational differences exist, these should be expressed in the form of an operating procedure or protocol that must be approved at the same level as this policy.

Audit and Compliance

Failure to comply with this policy, without providing a good reason for doing so, may lead to disciplinary action.Compliance with this policy is monitored by the Manager Housing Operations, through the delegated Area Managers.

Procedures and Forms

Transfer Fact Sheet Transfer Procedures

Related Policies Family Violence Oustanding Charges Offers and Declines Tenure Length and Residential Tenancy Agreement

Tenant Behaviour

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Glossary n/aPolicy Title and Version Transfers v2.0Effective Date 10 April 2013Review Date June 2018Document Number P2012/0178-024Replaces Document Number

n/a

Custodian Housing Tasmania, Social and Affordable Housing PolicyApproved by Manager Housing Strategy

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