TENANCY MANAGEMENT POLICY

Major Responsibilities of a Tenant General 1. A tenant must abide by the conditions of the Tenancy Agreement and the Residential Tenancy Act (RTA) if continuation of the tenancy is to be assured.	1.1 It is a principle of The Housing Act 1980 that people in public rental housing shall have security of assistance, subject to the fulfilment by the tenant of the tenancy conditions.
2. All Homeswest tenants will be required to sign an Acceptable Behaviour Agreement, which is an addendum to the Tenancy Agreement	2.1 The Acceptable Behaviour Agreement will be signed at the same time the Tenancy Agreement is signed. 2.2 Tenants on a Tenancy Agreement signed prior to the implementation of the Good Neighbour Policy may sign the Acceptable Behaviour Agreement during a property visit. Note: The Acceptable Behaviour Agreement is only legally enforceable if signed at the same time as signing the Tenancy Agreement
3. A tenant must honour his/her financial responsibilities, pay the rent and bond accrual payments as agreed and advise Homeswest immediately of any increase of Household income in excess of $10 per week.	3.1 This includes additional household occupants, where those persons are in receipt of an income. 3.2 Rental/Bond Accrual payments are made by either: Centrelink (CLADD) for pension and beneficiary recipients. Direct Bank Debit or direct deduction from salary Homeswest Card 3.3 All rental payments must be at least one payment in advance.
4. A tenant is responsible for the payment of all water consumption, gas, electricity, and telephone charges relating to the property and for contents insurance if required.	4.1 Homeswest is responsible for the insurance of the property.
5. A tenant may not do anything on the premises, or permit someone else entering the premises with the tenant’s permission to do anything, which causes a nuisance.	5.1 A tenant is responsible for the actions and behaviour of visitors to the property. 5.2 Nuisance is defined as anti social behaviour which substantially interferes with one or more neighbour’s use or enjoyment of their premises. See GOOD NEIGHBOUR POLICY for further details
6. A tenant must not use the premises or permit the premises to be used for illegal purposes.	6.1 The Good Neighbour Policy defines anti social behaviour for Homeswest’s purposes.

7. A tenant is responsible for keeping the premises clean and undamaged, garden and yard maintained. Definition – Internal of the property free from rubbish, wall and doors undamaged with no holes, premises and fixtures clean. Yards – grass cut, gardens maintained and free of rubbish.	7.1 A tenant must maintain the property including the garden and yard, commensurate with general street and community standards. Assistance to re-establish gardens may be given to new tenants if the grounds have been neglected by previous tenants. 7.2 Where a smoke detector is installed in the property, the tenant is responsible for testing the detector every three months and advising Homeswest if it is not functioning.
8. A tenant is responsible for all costs associated with the maintenance of the property due to neglect, misuse, willful damage and rubbish removal.	8.1 This is termed Tenant Liability (TL). 8.2 Where a person other than the tenant is lawfully on the premises, the tenant is responsible for and will be held liable for any act by that person if he or she intentionally or recklessly causes damage to the premises or to any neighbouring premises- see Tenant Liability Policy for further details
9. A tenant must report damage to the premises as soon as possible but at the latest, within three days of the occurrence.
10. A tenant is not responsible for damage done by: Minors- refer to Tenant Liability policy 4.19 (If there is a history of damage being caused by a minor or in the case of wilful damage if attributable to lack of supervision Homeswest will charge Tenant Liability. The tenant will be advised in writing that Homeswest may charge Tenant Liability for continued damage). Unknown persons, if the matter has been reported to the police and the tenant/s has provided Homeswest with a report number provided by the police; or Visitors to the property, if the matter has been reported to the police and the tenant has provided Homeswest with the report number and the tenant has taken reasonable precautions to prevent visitors from doing damage. (Refer to Tenant Liability policy 2.7 and Maintenance policy – Recoverable Insurance). The Family and Domestic Violence policy should be referred to in situations where domestic violence is suspected to have contributed to damage done.	10.1 Unknown persons such as vandals, break and enter offences. 10.2 Where a property is abandoned, the ex-tenant will be responsible for any damage, including vandal damage, until Homeswest has completed the PCR.

11. Tenants must not keep unlicensed or unroadworthy vehicles on the premises without the written consent of Homeswest.

11.1 Where such a vehicle is on a premises, staff should follow the removal of car bodies procedure:

i. A note to be left under the windscreen of the vehicle requesting the owner contact the Accommodation Manager within 14 days. Direct telephone number should be given.

ii. Neighbours should be canvassed to see whether they have any information regarding the owner of the vehicle.

iii. If no response, the Department of Transport Multiple Search List form giving the registration of the vehicle concerned should be forwarded to the Policy Officer, Rental Operations, who will have it signed, as required, by the Manager or Director Rental Operations and forward it to the Department of Transport.

iv. The Department of Transport will advise Homeswest of the name and address of the registered owner or previous registered owner. Usually they will advise the contact person direct, however if the information is passed to Rental Operations it will be passed on to the relevant Accommodation Manager.

v. The owner of the vehicle is to be contacted by certified mail and given 14 days in which to remove the car.

vi. Where there is no response to certified mail or the vehicle has no registration plates an advertisement is to be placed in the Public Notice section of the ‘West Australian’, advising of Homeswest’s intention to dispose of the vehicle unless the owner contacts the relevant Homeswest office within 14 days. As many details regarding the vehicle should be given in the notice as possible. E.g.. Make, colour, year, engine number, expired registration plates etc.

A similar notice can also be displayed in the Public Notice section of the local community newspaper if Homeswest office wishes to do so.
vii If the registered or previous registered owner does not respond, or there is no response to the advertisements, the vehicle may be disposed of.

Excess Occupants and Visitors 12. A person not shown as an occupant on the tenancy agreement at occupation and who stays at a property for more than (2) two months is regarded as a resident for the purpose of the calculation of rental payments.	12.1 Rental payments by visitors, will only apply to the period of occupation beyond the initial 8 weeks. 12.2 ‘Overcrowding or a significant increase in occupants in excess of the number shown on the tenancy agreement at occupation, is an issue for Homeswest where there is anti-social behaviour and/or problems associated with local authority by laws. However, provided that the correct rental is paid and there are no other problems Homeswest will not interfere. Tenants who have signed the 1996 Tenancy Agreement have the maximum and minimum number of occupants in the property defined. Any variation on these numbers will constitute a breach of tenancy. However, whether Homeswest takes action will depend upon circumstances. Example: anti social behaviour, damage to property, local authority health regulations and by-laws. 12.3 For backdating of rental payments, see RENT TO INCOME POLICY.
Under Occupied Tenancies 13. Where a tenancy has two or more spare bedrooms Homeswest will negotiate with the tenant to relocate them to an area of the tenant’s choice into a dwelling that contains the number of bedrooms which matches the tenant’s needs ( See Allocations Policy s 3)	13.1 The following factors must be considered when making any decision to relocate a tenant (the suggested examples are not exhaustive): Length of tenancy (e.g. whether the tenant suffers social dislocation if they have been a long term tenant) Timeframe of under occupancy (e.g. Has the under occupancy been for an extended period of time? Is it only short term? Is it sporadic?) The tenant’s connection with the property (e.g. Has the tenant developed the property to suit their needs?) Medical circumstances (e.g. Will moving jeopardise the health of the tenant?) Family history whilst in occupation (e.g. Does the tenant consider the dwelling to be part of the families’ history?) Cultural obligations (e.g. Aboriginal families may have periods of under occupancy however allowances must be made for families who may house extended family members at other times throughout the year) Sensitivity will be applied to the needs of seniors (e.g. special connections to their property, relationships with neighbours, connections with the local community, the extra space for family members to stay, a spare room for a future carer, security concerns). Aboriginal tenants A Customer Support Officer from the Aboriginal Housing Infrastructure Unit may be engaged to help with negotiations. 13.2 For Tenancy Agreements Pre 1996 (where eligibility, including the number of household occupants, is not a term of the tenancy agreement) Homeswest will try to negotiate a mutually agreeable solution with the tenant. In extreme cases where negotiations have not facilitated a transfer Homeswest may use the provisions of The Residential Tenancy Act (1987) s 64 (Notice of termination by owner without any ground) to terminate the tenancy. An extreme case is one where: Negotiations have failed on all grounds; AND Homeswest has considered all the factors in 13.1 and finds that a relocation would not impact negatively on the tenant (e.g. consider if the tenant is able to access alternative accommodation). A decision to terminate under s 64 must be approved by: The Department of Housing and Works Director General; AND The Minister for Housing and Works. For Tenancy Agreements Post 1996 (where eligibility, including the number of household occupants, is a term of the tenancy agreement) Under the Residential Tenancies Act (1987) s 62 (Notice of termination by owner upon ground of breach of term of agreement) Homeswest may terminate a tenancy if the number of householders does not coincide with the number stipulated in their Tenancy Agreement under the section headed ‘Agreement and Variable Terms. A decision to terminate a post 1996 agreement must: Consider all the factors listed in 13.1; AND Consider the tenants ability to access alternative accommodation Include a face to face meeting with the tenant; AND Be reviewed by the Regional Manager
Local Authority By Laws/ Strata Title rules 14 A tenant must abide by the by-laws of the local government authority governing the area in which the property is located.	14.1 Local authorities have jurisdiction over issues such as health, rubbish disposal, parking and animals. 14.2 The local authority has jurisdiction over working from a property and approval to work or run a business from home has to be obtained from the local authority. Written permission to work or run a business from home must also be given by Homeswest. 14.3 Homeswest will support any action initiated by a local authority against a tenant.
15. A tenant living in a strata title complex, must abide by the rules laid down by the Strata Company.	15.1 A copy of the Strata Company rules must be given to the ingoing tenant at sign-up.
Absence from the Property 16. Tenant must maintain the property as his/her principle place of residence and advise Homeswest if he/she will be absent from the property for more than four weeks.	16.1 When absent, a tenant must leave a contact address and ensure that the rent is paid.

Subletting

17. Homeswest will, at the discretion of the Regional Manager, give permission for a tenant to be absent from a property for a six month period, including the sub letting of a property.

17.1 Tenant to request permission to sublet from Accommodation Manager the legal tenant must have no debt to Homeswest or other breaches of tenancy.

The Homeswest tenant remains the legal tenant for this period and is responsible for rental arrears and property standards/damage in the sub let period. 5
The legal tenant must have a formal agreement with the sub letting tenant and lodge a copy of this agreement with Homeswest.
The sub letting tenant must pay Market Rent for the property, regardless of eligibility for Homeswest assistance.
There is no right to succession of tenancy for the sub lessee, if the legal tenant does not return.
If the sub lessee vacates before the sub letting period has concluded, the legal tenant is responsible for either arranging another sub lessee for the remaining time only, or must arrange to pay rent according to gross household income.
If tenant requests an extension following the initial six months, to be reviewed by Regional Manager.

18. Where a property is found to be sub let without Homeswest’s knowledge or permission it would be considered as illegally occupied. Homeswest will cancel the rental subsidy and back date the rent and charge the legal tenant/s Market Rent for the period of the illegal sublet of the property.

18.1 All efforts to contact the legal tenant will be made. Including making contact with the next of kin and/or friend/s as provided by the tenant/s at sign up.

If the legal tenant can not be contacted or does not return to the property it will be treated as illegally occupied and relevant action will be taken to remove the illegal occupant.
The legal tenant is responsible for any damage to the property, rent arrears and water consumption charges including legal costs to recover the property.
Wherever possible confirmation in writing should be obtained from the illegal tenant on the circumstances of the illegal sublet and information on the whereabouts of the legal tenant.
Procedural fairness to apply in all cases.

Improvements or Additions to a Tenancy, Reimbursement 19. A tenant may apply for improvements or additions to be made to the tenancy, with the cost to be met by Homeswest; or Tenant may apply to carry out additions at their own expense, subject to written approval from Homeswest.	19.1 Transfer may be considered an option where urgent modifications are required. 19.2 Reasons for application may be security (e.g. enclosed back verandah), health (e.g. bathroom modifications for disabled tenant), or quality of life (e.g. bedroom additions). If there are any doubts, this should be referred to regional management.
	19.3 Improvements/Additions undertaken by Homeswest are subject to a satisfactory tenancy and availability of funds. 19.4 Tenants undertaking their own improvements/additions should be informed that the correct approvals must be obtained, e.g. local authority, WAWA, and a copy of approvals lodged with Homeswest. 19.5 The cost of removal of sub standard alterations or additions will be charged to the tenant as tenant liability.
20. Where a tenant makes additions to a property at his/her own expense, but on Homeswest land in order to house another person/s, the other person/s are regarded as other household members for the purpose of rental assessment.	1820.1 Example: a granny flat.
21. There will be no reimbursement unless Homeswest plans to carry out the improvement as part of upgrade and then only at a depreciated value, and is subject to the correct approvals being obtained.	21.1 The only exception is the installation of security screens. Reimbursement of this item may be approved subject to funding and Executive approval (See Security policy). 21.2 Any reimbursement must be offset against any outstanding debts to Homeswest at finalisation and funds being available.

Transfer of a Tenancy
22. Where a joint tenancy is dissolved due to the death of a partner or to the fact that the partner or co-applicant/s have left the tenancy, the property can be transferred into the names of the remaining tenant/s.

22.1 Where the tenancy was a family relationship, the party with the custody of the children is regarded as the legal tenant.
22.2 At the time of the transfer of tenancy, a property inspection must be undertaken and tenant liability apportioned.
22.3 A new tenancy agreement must be signed.

22.4 If the remaining person (or persons) is no longer eligible for the number of bedrooms in the property, Homeswest reserves the right to transfer that person to accommodation for which he/she is now eligible.

22.5 See also TENANT ELIGIBILITY POLICY.

23. There is no right of succession to a tenancy by another household member who is not a signatory to the tenancy agreement.

23.1 Example:

Adult children of a tenant, living at the property.

23.2 Discretion to be used by the Regional Manager in sensitive situations, having regard to such facts as:

Length of time the property has been occupied by the other household members.

Relationship to tenant.
Demand in the zone for that property type.
Eligibility for accommodation type.

Example:

Where a tenant is deceased following a long tenancy (perhaps 20-30 years) and a family member remains who has spent most of his/her life in that home, possibly providing support for the deceased person and assisting in maintaining the standards and condition of the property, Homeswest would look sympathetically at allowing the remaining family member to continue to occupy the property.

Where Homeswest requires the property due to high demand, the Regional Manager may offer the remaining family member a transfer to a property in lower demand, but still having regard to the person’s eligibility and needs.

21.3 Family members claiming succession to a tenancy on the death or vacation of the legal tenant, where the circumstances of occupation or relationship are unclear, will have their circumstances assessed as per usual criteria (21.2), but will also include factors such as whether or not they have paid rent at the tenancy, whether they are applicants on the waiting list, previous tenancy history and need of claimant. Example: some Aboriginal claimants to a tenancy, where the claims to succession are unclear.

Pets
24.Tenants may have a cat or dog only if the accommodation has an enclosed yard and if the local authority by laws are not contravened.

24.1 Tenants are not permitted to keep a dog that is listed on the Government’s Dog (Restricted Breeds) Regulation 2002. These include the following breeds of dog:
dogo Argentino, fila Brasileiro, Japanese tosa, American pit bull terriers, Pit bull terrier (and including any dog of a mixed breed which visibly contains any of the above breeds).
24.2 Existing tenants as at 22 April 2002 who own a dog that is listed on the Government’s Dog (Restricted Breeds) Regulation 2002 may retain the dog/s. It is the tenant’s responsibility to ensure the dog/s are kept in an enclosed and escape proof confinement. Fences at all times are to be kept in good repair and ensure the signage conforms to that provided for in the Third Schedule Part 3 of the Dog Regulations 1976 is displayed at each entrance to the property. The signage is “warning dangerous dog”. The cost of the signage and escape proof confinement will be at the dog owner/s expense.
24.3 The dog/s can only be kept for the life of the dog. The dog/s cannot be replaced by another dog listed on the Government’s Dog (Restricted Breeds) Regulation 2002.
24.4 Failure to comply with the new regulations will result in the Department referring the matter to the Local Government authority for action under the Dog Act 1976.

Household Pests 25. A tenant is responsible for the eradication of cockroaches, fleas and vermin in single detached accommodation.	25.1 This is not applicable where the infestation occurs within three months of occupation. 25.2. Homeswest is responsible for the eradication of cockroaches, fleas and vermin control in apartments, duplexes townhouse and pensioner complexes. 25.3 See Pests policy in the Maintenance Policy Manual.
Ending of a Tenancy by Tenant or Homeswest 26. A tenant must give Homeswest 21 days notice in writing of intention to vacate a property, and remains responsible for the property as legal tenant, until the keys are returned to Homeswest.	26.1 The advice must be signed, stating the date that the tenant intends to vacate and supplying a forwarding address. 26.2 Pre vacation Inspection – When the 21 days notice is received, Homeswest will make arrangements to inspect the property and discuss with the tenant the vacated maintenance requirements and any estimated vacated tenant liability. (See also 9.2). 26.3 Where tenants have given 21 days notice under the Residential Tenancies Act (RTA) or arranged a pre vacation inspection the tenant/s is to be offered tip pass where this is made available by Council or advised if applicable of the council “mini skip” bin service. All rubbish to be removed from the property and verge or Tenant Liability will be charged.
27. Homeswest may terminate a tenancy due to a breach under Sections 15, 62 or 73 of the Residential Tenancies Act. 1987.	27.1 Section 15 -relating to a dispute regarding a breach of tenancy in which monies agreed to, have not been paid. 27.2 Section 62 - relating to general breach of tenancy, where a breach has not been remedied. 27.3 Section 73 - relating to an owner’s belief that the tenant will intentionally or recklessly cause injury or damage.

Investigation of Complaints against Homeswest Tenants 28. Homeswest will investigate complaints by neighbours and members of the general public against Homeswest tenants, where it appears that the tenant may have been in breach of the requirement of the tenancy agreement which states: ‘ A tenant may not do anything on the premises or permit someone else entering the premises with the tenant’s permission to do anything on them which causes a nuisance.’ Homeswest will evict tenants where it can be demonstrated that this provision has been breached.’ Complaints by Homeswest Tenants against Neighbours 29.Homeswest is unable to investigate complaints by Homeswest tenants against private owners or private rental tenants. However, if a Homeswest tenant notifies Homeswest in writing of problems with neighbours, including claims of harassment and aggravation, Homeswest will record this correspondence on the tenant’s personal file for future reference. The tenant will then be advised to pursue a complaint through an appropriate authority such as Police or local authority, civil action through the courts and/or mediation.	28.1. Complainants must have first complained to the relevant authority/agency. Examples: Noise- local authority/Police Animals - local authority, RSPCA Health - local authority Fighting – Police Family matters - Department of Community Development, Family Court. Personal antagonism between neighbours is a civil matter and must be resolved through mediation or the civil courts. See LEGAL RECOVERY PROCEDURES for further guidelines. 29.1 Homeswest tenants may contact the following mediation services:- • Citizens Advice Bureau – 9221 5711 • Aboriginal Alternative Dispute Resolution Service – 9221 4599 • Gosnells Community Legal Centre – 9398 1455 • Domestic Violence Advocacy Central – 9226 2370
Debt to Homeswest 30. Homeswest will pursue the recovery of a debt through the provisions of the Residential Tenancies Act where the tenant does not repay the monies owing.
31. A tenant with a debt to Homeswest will be requested to enter into an agreement to repay the debt in affordable installments and the payments must be maintained until the debt is cleared. For all debts, Homeswest should seek an arrangement so that the combined total of the tenant’s arrears and current rent does not exceed 30% of their total assessable household income.
32. Tenants with a debt to Homeswest will not be assisted with property maintenance or upgrade above normal health and safety requirements.

Bankruptcy of a Tenant in Occupation

33. Tenants with a debt to Homeswest who make application for bankruptcy are subject to scrutiny as to whether the application was made to avoid the repayment of a debt to Homeswest. Such tenants are in breach of the terms of the tenancy agreement and where a court order has been obtained prior to the application for Bankruptcy, action to evict may continue.

33.1 See also Eligibility Relating to a Bankrupt Applicant in ELIGIBILITY POLICY
33.2 Bankruptcy Policy suspended May 2001.

‘A Good Tenant’

34. In recognition that not all tenants comply with the requirements of the Tenancy Agreement to the same degree, Homeswest will recognise the efforts of tenants who consistently comply with these requirements, assessed over a five (5) year period.

34.1 Such a tenant is defined as a ‘good’ tenant.

34.2 A ‘good’ tenant will be recognised by the following:

Letter of appreciation from Homeswest officers.
Transfer to new dwelling: new construction will generally only be allocated to tenants with a proven tenancy history. This is also applicable to a property in an area of high demand, regardless of age or construction type and a ‘good’ tenant will be given first refusal. (See also Wait Turn Transfer Policy).

Internal painting - a ‘good’ tenant may apply for a paint kit to complete the painting of all internal walls and ceilings where the property has not been painted for five (5) years. Tenants must purchase paint kits through agreed suppliers. They may choose from a colour chart of approved colours and use Government Paint Committee (GPC) approved 100% Semi Gloss Acrylic paint. The Accommodation Manager must inspect the work for satisfactory completion and an evaluation form completed and placed on file.

	A ‘good’ tenant may be considered for increased amenities outside normal guidelines. Example: security screens. Appeal Rights - Tenants may appeal to the Regional Manager regarding not being granted ‘good’ tenant status (only) on the grounds of perceived Accommodation Manager bias, or discrimination on such grounds as culture, family size, large yard. It is not appealable through Homeswest Appeals Mechanism.
Purchase of a Rental Tenancy 35. A tenant may make application to purchase their rental tenancy if they are eligible.	35.1 Information and brochures regarding Homeswest sales programs to be provided to tenant, including Rental Sales and Goodstart programs. Contact numbers and addresses for Rental Sales and Keystart to be provided. 35.2 Tenants are to be advised if the property is not available to purchase. E.g.. Property earmarked for redevelopment, property unsuitable for strata title but requiring strata title prior to sale, high demand property. In this case, provided the tenant is eligible to purchase a property, tenant should be advised that Homeswest will canvass for a suitable property which it is willing to sell to the tenant.
Tenant Receives Jail Sentence 36. Where the tenant has a partner as part of the tenancy agreement, the partner will have rental payments reduced according to their reduced income, on application. The tenancy may be formally transferred into the partners name, depending on the circumstances.	36.1 Where the partner is not part of the tenancy agreement, continued occupation will be determined under usual criteria (see 23 to 23.3 of this policy). 36.2 A tenant sentenced to a term of imprisonment who serves more than six months in prison will be required to formally vacate their tenancy and reapply for further assistance on release. 36.3 A single tenant receiving a jail sentence of 6 months or less, may sub-let the property in accordance with Homeswest policy, or maintain the rental payments if the property is not sub-let 36.4 See Eligibility s 7 to 7.1 – Applicants.