1.1 Signing the Acceptable Behaviour Agreement

The Acceptable Behaviour Agreement will be signed at the same time the Tenancy Agreement is signed.

Tenants on existing Tenancy Agreements who have not signed the Acceptable Behaviour Agreement, may be encouraged to sign one, although it would not have the same legal effect as if signed at the same time as the Tenancy Agreement.

1.1 Breach of the Acceptable Behaviour Agreement

The Acceptable Behaviour Agreement forms part of the terms of Tenancy Agreement so a breach of the Acceptable Behaviour Agreement is a breach of the Tenancy Agreement

2.1 Tenant responsibilities

By signing the Tenancy Agreement the tenant agrees to not allow anti social behaviour on the property. See definition above in the preamble for what Homeswest considers as anti social behaviour.

See also TENANCY MANAGEMENT POLICY s 1- 10

3.1 Time frame to respond to a complaint

Homeswest will endeavour to initiate investigations into a complaint within 24 hours.

3.2 Types of complaints Homeswest will not respond to

Some activities are easily recognised as producing unreasonable noise, but some can be difficult to determine. For example, if a tenant turned on a radio after 10pm on a weeknight and a neighbour could hear it – and it interfered with sleep – it would be considered unreasonable noise. If a tenant turned on the radio at 10am it may not be unreasonable noise because people are generally awake at that time. It could still be considered unreasonable if it was excessively loud or continued for too long.

• Homeswest will not conduct criminal investigations. Homeswest will however liaise with the Police in cases involving alleged criminal activity

3.3 How Homeswest will respond

(Further details of the procedure is found in the Accommodation Manager’s Job Task Manual- Section 4)

If the Accommodation Manager decides the matter is not of concern to Homeswest, the complainant will be advised in writing and the complainant and/or tenant may be requested to contact a mediation service.

If the complaint is of concern to Homeswest then the Accommodation Manager will investigate further. The investigation will follow the rules of procedural fairness and maintain the confidentiality of the complainant. The Accommodation Manager will:

a) Interview the complainant to determine the details of the complaint.
b) Interview the tenant being complained about to substantiate or refute the complaint
c) As a result of the interviews, decide whether the complaint is substantiated by considering both parties version of events and any police report, if the police were involved

If the complaint is substantiated:

a. The incident is recorded on the tenant’s file as an anti social incident.
b. An official written warning and explanation of the decision will be sent to the tenant.
c. A written explanation of the decision is sent to the complainant.

a. It will be recorded on the tenant’s file that the complaint was unsubstantiated
b. A written explanation will be sent to both the tenant and the complainant.

3.4 When anti social behaviour becomes a breach of the Tenancy Agreement

(The Legal Recoveries Procedure Manual in ‘Further complaints and Breach/Termination of Tenancy’ provides further details on the process Homeswest undertakes)

Tenants will breach the Tenancy Agreement on the grounds of anti social behaviour if they or anybody they allow onto the property:

• Persistently or intentionally causes a nuisance that interferes with the peace, comfort and privacy of neighbours;

• Intentionally or recklessly causes serious damage to the residential premises; or

• Intentionally or recklessly causes injury to Homeswest’s staff or agent, or any person occupying or permitted on adjoining or adjacent premises.

The same steps as described above in ‘How Homeswest will respond’ will apply. If the tenant does not improve their behaviour since the warning letter (e.g. they have 2 or more substantiated complaints within a 3 month period) then:

a. A Notice of Breach of Tenancy Agreement will be issued giving at least 14 days to rectify the problem.

b. If the Breach is not rectified within the specified timeframe, or it is substantiated there has been persistent breaches of the Tenancy Agreement over a three month period, a “Notice of Termination” will be issued.

c. If the tenant does not vacate the property Homeswest will then apply to the court for a termination of the tenancy and possession of the property.

3.5 Immediate termination in some circumstances

Depending on the nature of the breach, Homeswest may seek immediate termination and possession of the property. This will be the case if a tenant has intentionally or recklessly caused or permitted; or is likely to intentionally or recklessly cause or permit serious damage to the premises or injury to a Homeswest officer or any person in occupation of or permitted on adjacent premises.

3.6 If Complainant is Dissatisfied with Homeswest’s response

If a complainant is not satisfied with Homeswest’s action about a complaint they can raise the matter with:

• The Regional Manager at the local Homeswest office; or
• The Executive of the Department of Housing and Works