Tranfers

Background

If a client has a change in their circumstances that affects their housing needs, they can request to transfer to another property managed by either Housing NSW or a community housing provider similar to Housing Plus who are participating in Housing Pathways. This is called a client initiated transfer.

This policy explains the criteria applied by Housing Plus, when assessing a client initiated request for transfer to a:

• Property managed by their current provider; or
• Property managed by a different social housing provider.

Scope

This policy applies to all client initiated transfer requests from clients of Housing Plus in accordance with Pathways.

This policy does not apply to management initiated transfers.

A management initiated transfer is when Housing Plus initiates a transfer of a client for tenancy or portfolio management reasons (also known as relocation for management initiated purposes).

For more information on management transfers in tenancies managed by Housing Plus please refer to the section at the bottom of this policy.

Policy Statement

Where a client requests a transfer, common eligibility criteria applies, although the client can choose:

• Only to be housed by Housing Plus; or
• To be housed by a different social housing provider (a ‘cross provider’ transfer).

Housing Plus is responsible for assessing a client’s application for transfer.

Once a client is approved for a transfer, Housing Plus will place them on the NSW Housing Register. Housing Plus and Housing NSW use this register to offer housing when a property which matches the household’s needs becomes available.

When a client approved for a transfer is offered alternative housing, their length of lease and other entitlements will be based on the policies of the provider who has offered the housing.

Where a client applies for tenancy reinstatement, Housing Plus will be responsible for assessing the application, and, if approved, housing the client.

Eligibility for Transfer

Clients can apply for a transfer to another property if a change in their circumstances makes their existing property or location no longer suitable. When a client applies for a transfer, they must:

• Meet the eligibility criteria including the ability to sustain a tenancy with or without support; and
• Be able to show that their circumstances have changed and that their current property or location is no longer suitable for their housing needs; and
• Be able to meet the transfer assessment criteria for one of the following grounds:
  – ‘At risk’
  – Medical condition and/or disability
  – Serious and ongoing harassment
  – Employment
  – Compassionate grounds
  – Severe overcrowding
  – Family breakdown/separation
  – Tenancy re-instatement
  – Moderate overcrowding
  – Under-occupancy where the tenant has requested the transfer due to excess bedrooms
  – Provide the required documentation or evidence to support their application.

Placement on the NSW Housing Register

When Housing Plus approves a client for transfer, we will place the client on the NSW Housing Register as either a wait turn or priority transfer. Client transfers on the following grounds will be listed as priority transfers:

• ‘At risk’
• Medical condition and/or disability
• Serious and ongoing harassment
• Employment
• Compassionate grounds
• Severe overcrowding
• Family breakdown/separation
• Tenancy re-instatement

Locational Need

Housing Pathways has a number of high demand allocation areas. Housing Plus will assess a request to transfer to one of these areas against specific criteria, called a locational needs assessment, if the client is applying to transfer to a high demand area.

Tenancy Charge Debts

A client can apply for a transfer even if they owe money on their tenancy accounts, including money owed from a former tenancy. However, Housing Plus will not make an offer of alternative housing until the clients current tenancy accounts are up to date, or, if the client owes money from former tenancies.

Managing Urgent Situations for a Tenant Being Transferred

Following the approval of a priority transfer application Housing Plus will also undertake an assessment of the urgency of the clients need to move out of their current property or location. This assessment will generally occur in two situations:

• When considering an initial transfer application;
• If the clients situation becomes worse after having been approved for a transfer.

If there is sufficient risk to the client or members of their household, we will give transfer applicants the same priority on the NSW housing register as priority housing applicant.

Reviewing an Approved Transfer Application

To ensure that a transfer application continues to reflect the clients current housing situation, Housing Plus will coordinate the review of priority transfer applications:

• Every six months; or
• When new information from either the client or Housing Plus prompts a review.
  

Following a review, we may change the priority of an approved transfer to take account of any differences in the level of urgency of the client’s circumstances. We will close a client’s transfer application if they no longer meet the eligibility criteria for a transfer.

Number of Offers for a Tenant Being Transferred

Generally, clients who have been approved for a transfer will receive two reasonable offers of alternative accommodation. If the client rejects two reasonable offers, Housing Plus will remove their name from the NSW Housing Register.

Type and Length of Lease

When Housing plus transfers a client to an alternative property managed by a different housing provider, the client will be offered a type and length of lease in accordance with the individual provider’s policy. For more information on the types and length of lease offered by Housing NSW, visit www.facs.nsw.gov.au/housing.

Paying Rent After Transfer

When Housing Plus transfers a client to an alternative property managed by a different housing provider, the clients rent payable will be assessed in accordance with the individual provider’s policy.

Housing plus will calculate the rent in accordance with the Community Housing Rent Policy.

Grounds for Transfer

At Risk

The personal safety and/or mental health of a client or a household member is at risk. These situations include but are not limited to:

• Domestic violence.
• Child abuse or neglect.
• Assault.
• Sexual assault.
• Neglect.
• Threatening behaviour.
• Torture or trauma.
  

Clients need to show that:

• The risk is serious and ongoing.
• The risk means they cannot remain in the current dwelling and/or location beyond a medium length of time.
• The property and/or location significantly increases the risk and reduces their safety.
• Apart from transferring, there are no practical steps that can be taken by the client’s household to lower or remove the risk.
• Moving will help or resolve the situation and remove or significantly decrease the risk.

Evidence requirements for being at risk

Housing Plus expects the client to provide current supporting documentation, substantiating the risk they are exposed to. This may include:

• Current police reports.
• A current Apprehended Violence Order (AVO).
• A current Domestic Violence Order.
• Current reports or letters from Community Services.
• Current reports or letters from Corrective Services NSW.
• Current reports or letters from a social worker.
• Current reports or letters from a community support agency, such as a refuge, community centre or neighbourhood centre worker.
• Current reports or an assessment from a medical practitioner or health professional (including a mental health case manager).
• Current reports or letters from a school principal or school counsellor.

Medical condition and/or disability

In relation to the medical condition and/or disability of a client or household member, clients will need to show that:

• The medical condition and/or disability is permanent or likely to be permanent; and
• The current property and/or location no longer meets their housing need; or
• Relevant household members no longer have the capacity to access necessary medical and/or therapeutic services from their current property for such reasons as:
  – Restricted mobility of relevant household members.
  – Restricted capacity of those members to use transport.
  – Frequency of their necessary visits to medical and/or therapeutic services, and
  – The necessary medical and therapeutic services will be available from potential alternative locations, and
  – They do not have the capacity to remain in the property or location beyond a medium length of time, and
  – Moving will assist in the management of the medical condition and/or disability.

Evidence requirements for a medical condition and/or disability

Housing Plus expects the client to substantiate the medical condition and/or disability. This may include reports from:

• A general practitioner or specialist doctor.
• A health worker such as a community nurse, occupational therapist or physiotherapist.
• A mental health case manager or psychiatrist.
• Brain injury rehabilitation program.
• Attendant care program.
• ADAHPT (AIDS, dementia and HIV psychiatry team service).
• High needs pool (care program).
• Lifetime care and support.
• Community aged care package.
• EACH package (Extended aged care at home).
• Ventilator dependent quadriplegic program.
• Support organisations such as Home Care Service, Home Nursing Service, Aged Care Assessment Team, community centre or neighbourhood centre.

Harassment

Harassment refers to a wide range of offensive behaviour. It refers to unacceptable behaviours that are threatening or disturbing. Harassment includes:

• Verbal abuse.
• Threats.
• Intimidating behaviour.
• Vilification.
• Property damage.

Clients will need to show that:

• The harassment is serious and ongoing; and
• They have attempted to resolve the harassment themselves, with any necessary assistance and support; and
• Their current property and/or location significantly increases the risk of harassment; and
• The harassment means they cannot remain in their current dwelling and/or location beyond a medium length of time; and
• Moving will help to resolve the situation and remove or significantly decrease the harassment.

Evidence requirements for harassment

The client will need to substantiate their claim of harassment by providing documentation such as:

• • Current police reports.
  • Current reports or letters from the Community Justice Centre (CJC).
  • Current reports or letters from a community support agency, such as a refuge, community centre or neighbourhood centre worker.
  • Current reports or letters from a mediation service.
  • Letters or reports from a general practitioner, specialist doctor, mental health services worker.
  • Housing NSW’s Serious Incident Diary.
  • Letters or reports from neighbours substantiating the harassment.
  • A record that the incidents are ongoing.

• Evidence that the incidents are escalating in seriousness.

Employment

A client can apply for a priority transfer due to the client or their partner gaining employment, or changes to the clients or partner’s current employment. A client must show that the:

• Client or their partner are currently unemployed and have been offered a job in or near the area to which they need to move; or
• Client or their partner are not in full time employment and are required by their employer to move in order to keep their job; and
• Employment is in a location that is impractical for them to travel to from their existing location; and
• Employment is long-term and is at least three days work per week. In some circumstances, such as where there are medical factors or care of dependents, the minimum number of working days may be reduced to two.

Evidence requirements for employment

The client will need to establish the need to move for employment reasons by providing documentation such as:

• Letter of offer of employment from employer.
• Letter confirming location of employment.
• Letter confirming permanent employment.
• Letter confirming number of hours to be worked.
• Letter confirming change of employment location from employer.
• Letter from employer confirming loss of employment if unable to move/change location.

Compassionate grounds

There are a number of compassionate grounds Housing Plus will consider. These include:

• Being closer to a family member who needs their care.
• Being closer to support networks which are not covered by the medical, disability or other factors described above, such as counselling services for refugees, child abuse services, family support services, rehabilitation services, Home and Community Care services, cultural services or educational services (specialised schools).

Clients will be asked to:

• Show why they need to move; and
• Provide information about the family member needing care; or
• Provide information about the services the tenant or the family member requires.

Evidence requirements for a transfer on compassionate grounds

The client will need to prove their need for a transfer by providing current documentation such as a:

• Medical assessment or report/letter from a doctor or specialist confirming the family member’s medical condition and/or disability.
• Report or letter from a service providing care or support to the family member.
• Report or letter from a specialist educational service.
• Report or letter from a cultural support service.
• Report or letter from a family support service.
• Report or letter from a rehabilitation service.
• Report or letter from a counselling service.

Severe overcrowding

Severe overcrowding may arise as the result of:

• A family reunion.
• An award of custody of children.
• Marriage.
• The birth of a child or children.

Severe overcrowding includes:

• An adult or couple sharing a bedroom with a person aged over three years.
• Four or more children sharing a bedroom.
• Three or more unrelated adults sharing a bedroom.

Severe overcrowding can also occur if children currently sharing a bedroom now need their own bedroom because of a specific need such as:

• A disability or special medical need.
• Severe behavioural problems.
• Children of different sexes sharing a room and one of them reach puberty.

Clients will be required to prove that the severe overcrowding is the result of one of the above reasons and explain why the current dwelling is unsuitable.

Evidence requirements for severe overcrowding

The client will need to prove that severe overcrowding exists and the reasons for it by providing current documentation such as:

• Age of all household members.
• Gender of all household members.
• Marriage certificate.
• Legal documents confirming family reunion.
• Legal documents confirming placement of children.
• Legal documents confirming custody of children.
• Centrelink family payment income statement.
• Court orders.
• Immigration papers.
• Medical assessment or report/letter from doctor or specialist confirming disability or special needs.
• Letter or reports from support agencies confirming severe behavioural problems.
• Reports or letters from Community Services.
• Letter or reports from health professionals, including mental health case managers.

Family breakdown/separation

If there is a serious breakdown in a family relationship, Housing plus may consider providing separate accommodation for the member who has left the property. A serious breakdown in a household relationship includes:

• Separation or divorce between a tenant and spouse or de facto partner.
• Irreconcilable problems between a parent and child or children (including an adult child or children).

In the case of divorce or separation the spouse or partner who has moved out will need to prove that:

• • The spouse was a member of the household; or
  • The de facto partner was a member of the household on a continuous basis for two or more years; and
  • The spouse or partner was on the housing provider’s records as having lived in the property; and
  • The spouse or partner is eligible for social housing; and
  • The spouse or partner applies for a transfer within six months of moving out of the property.

In the case of a family breakdown the family member will need to prove that:

• They are a permanent member of the household; and
• They are listed on TMS as living in the property (e.g., approved additional occupant); and
• They have declared their income to Housing Plus and it is recorded in a rent subsidy (if the client receives a rent subsidy).

If a client is prohibited from having access to a social housing property under a Final Apprehended Violence Order (excluding an interim AVO), the client can submit an application to the Consumer, Trader and Tenancy Tribunal under Section 79 of the Residential Tenancies Act 2010 to have the tenancy transferred to them, provided they are eligible for social housing.

Evidence requirements for family breakdown/separation

The client will need to confirm the family breakdown by providing supporting documents such as:

• Evidence of a legal separation.
• Letters or reports from a social worker, community worker, or neighbourhood centre.
• Letters or reports from Community Services.
• Income statement from Centrelink.
• Family payment confirmation from Centrelink.
• Letters or reports from a general medical practitioner or specialist doctor.
• Evidence of new residential address (e.g. driver’s license, mobile phone bill, Centrelink income statement).

Tenancy reinstatement

Tenancy reinstatement can apply to former clients who vacated their property because:

• They were under duress; or
• They had to move into a residential care facility (including a psychiatric hospital, rehabilitation centre, hostel, nursing home) either voluntarily or under a court order; or
• They were placed into a custodial facility; or
• Of the care needs of the client, a member of their household or a family member.

To be eligible for tenancy reinstatement, former clients must prove that:

• They meet the eligibility criteria for social housing; and
• They meet the criteria for priority transfer; and
• They vacated under duress, vacated to a residential care or correctional facility, or vacated because of care needs; and
• They made an application to Housing plus within six months of vacating the former property; or
• In the case of custodial sentences not longer than three years, they can also apply within six months of their release from custody.
• Former clients with custodial sentences longer than three years will need to re-apply for housing as they are not eligible for tenancy re-instatement.

Housing Plus defines duress as having to vacate the property due to a critical incident and, under the circumstances, the decision to vacate was reasonable.
For example:

• Escaping domestic violence.
• Escaping harassment.
• Removing themselves or a household member from being at risk.

Admittance to a supported care facility might include a refuge, rehabilitation centre, hospital, or respite centre.

Clients may need to vacate their property due to:

• Serious medical/disability incident related to the tenant or a household member.
• Serious medical/disability incident related to a family member and/or relative.

When assessing the decision to vacate the property, Housing Plus will consider the following as applicable to particular situations:

• Was it reasonable for the client to vacate without notice; and
• The urgency of the need to vacate without notice; and
• Did the circumstances of the incident force the client to vacate without notice; and
• Did the client consider options other than vacating; and
• Whether the client previously contacted Housing Plus about their situation; and
• Did Housing Plus ask the client to relinquish their tenancy because they were going into residential care or into a correctional facility; and
• Could the decision to vacate have been delayed; and
• Was it a reasonable decision under the circumstances?

Evidence requirements for tenancy reinstatement

The client will need to substantiate their reason to vacate the dwelling without giving notice to Housing Plus. That is, they will need to prove that they vacated under duress or to move to a residential care or custodial facility.

The evidence the client must supply will be dependent upon the reason they vacated the property. If, for example, a client vacated without notice due to having been at risk, they will be required to supply supporting documentation as stated in the evidence criteria for at risk priority transfers.

If a client vacated without notice due to harassment, they will be required to supply supporting documentation as stated in the evidence criteria for harassment.

Moderate overcrowding

Moderate overcrowding is when there is an increase in the size of the household, which results in the household having fewer bedrooms than they would otherwise be entitled to, but the overcrowding is not severe. Examples of moderate overcrowding are:

• Three children sharing a bedroom.
• An adult or couple sharing a bedroom with a child under three years of age.
• Two unrelated adults sharing a bedroom.

Aboriginal clients may seek a transfer when wanting to take up their entitlement to an extra bedroom to meet family responsibilities. *

* Additional entitlements for Aboriginal people is not a policy of Housing Plus however Housing Plus clients, if they meet this requirement, may be placed on the Pathways waiting list so that they can be considered by other housing providers.

Evidence requirements for moderate overcrowding

The client will need to substantiate the moderate overcrowding by producing documents indicating the:

• Number of household members.
• Age of household members.
• Gender of household members.
• Size of the bedrooms.
• Size of the living areas.

Additionally, if the client is seeking a transfer to take up additional entitlements for Aboriginal people, the client will need to confirm their Aboriginality, if they have not already done so.

Under occupancy

Under occupying a property is when a client has more bedrooms than they require. It is usually the result of household members moving out of the property. When a client applies for a transfer because of under occupancy, Housing Plus will:

• Consider the impact on the client; and
• Review the benefits and costs to Housing Plus of transferring the client, including the demand for the current property; and
• Consider the clients requirements for an alternative property and how these can best be met.

Evidence requirements for under occupancy

The client will need to substantiate the under occupancy by producing documents indicating the:

• Number of household members.
• Number of bedrooms in the property.

Transfers for Management Purposes

Housing Plus may request that clients move from their home to another Housing Plus dwelling in some circumstances where:

• The household size at a tenancy has decreased and the property is under-occupied and could be better utilised by an applicant or other client of Housing Plus; or
• The property has been modified for a person with a disability who no longer lives at the property; or
• The property is leased from a private landlord and the lease has expired or the landlord requires the property back; or
• Housing Plus intends to demolish the property and redevelop the site with more building/s; or
• Housing Plus intends to sell the property.

Housing Plus will encourage the relocation of clients in such properties where it is deemed to be in the interests of Housing Plus. Whilst Housing Plus is committed to providing long term secure accommodation, those properties which Housing Plus lease from the private rental market have a limited capacity to provide on-going tenancies and from time to time Housing Plus may be required to hand back leasehold properties.

In these cases Housing Plus will endeavour to locate similar, appropriate accommodation for the client prior to expiration of the agreement on the previous property, however this can not be guaranteed and the client must also attempt to find alternate accommodation. Clients may also be placed on the Pathways waiting list to maximise their opportunity to be offered replacement accommodation.

Where the client is being relocated for management purposes, with the exception of handing back a leasehold property, Housing Plus will attempt to meet the requirements of the client in relation to location and type of property for the alternative accommodation.

Further information

Appeals and review of decisions

If a client disagrees with a decision Housing Plus has made, they should first discuss their concerns with the staff member who made the decision. The next step, if they still believe Housing Plus has made the wrong decision, is to ask for a formal review of the decision.

For information on how reviews work for Housing Plus clients, the client should request information directly from Housing Plus. This information is contained in the Housing Plus Complaints and Appeals Information Brochure.

Clients cannot appeal a decision to decline a transfer to a specific property.

Last updated – June 2013