Scope
This policy outlines the circumstances in which Homes North may issue a tenant with a Notice of Termination without cause under section 85 of the Residential tenancies Act
2010.
Policy Aim
To ensure that Homes North’s use of “without cause” Notices of Termination is in line with our role as a Community Housing Provider and specifically our stated philosophy of
“providing secure, appropriate and affordable rental housing, sensitively managed, for people on low to moderate incomes, who are otherwise disadvantaged in gaining access
to, or maintaining, tenancies”.
WHS Issues
There are no specific WHS issues associated with this policy.
Equal Opportunities Issues
The policy will ensure that all clients are treated fairly and that the processes associated with the policy are open and transparent.
Legislative considerations and strategic links
- Residential Tenancies Act 2010
- Management transfers policy
- Housing NSW Pathways policies
- Community Housing Rent Policy
Linked procedures
To follow
Termination at the end of a fixed term tenancy
If the tenancy is a fixed term tenancy in supported or transitional housing, a 30 day notice may be issued to terminate the tenancy at the end of the fixed term, to ensure compliance with program requirements. Homes North and the support agency will inform the tenant of other housing options and will assist the tenant access Housing NSW Housing Assistance products.
Termination of a periodic (continuous) tenancy
- When Homes North receives a 90 day notice from the owner of a leasehold property, Homes North will (as soon as possible) issue a 90 day notice to the tenant of that property, in order to ensure that Homes North is able to give the owner vacant possession at the end of the 90 day period. Homes North will make every attempt to secure alternative accommodation for the tenant during the 90 day notice period (see Management Transfers policy).
- If the tenancy was a fixed term tenancy in supported or transitional housing, and the fixed term has expired, Homes North may issue a 90 day notice to the tenant if the tenant no longer meets the criteria for the specific supported or transitional housing programme. Homes North will inform the tenant of other housing options and will assist the tenant access Housing NSW Housing Assistance products.
- Homes North may issue a 90 day notice to a tenant if vacant possession of the property is required for redevelopment or disposal of the property, and the tenant has refused offers of a transfer to suitable alternative accommodation. This policy would only be used in exceptional circumstances where negotiations to relocate the tenant had failed.
- A 90 day notice cannot be issued to any tenant where the tenancy has been in existence for more than twenty (20) years.
Termination of a tenancy – Exceptional circumstances
In exceptional circumstances only, if a tenant is in breach of the terms of their tenancy, but there is insufficient evidence to take action under the Residential Tenancies Act 2010 to terminate the tenancy for this breach, Homes North will consider issuing a “No Cause” Notice of Termination to the tenant.
Before making the decision to issue a Notice of Termination under this clause, Homes North will be satisfied that all other available options have been exhausted and that our failure to take such action will result in us failing in our duties and responsibilities as a landlord, under the Residential Tenancies Act 2010.
Any decision to issue a Notice of Termination under this clause will be taken by the Chief Executive Officer. Any subsequent request to proceed to possession must be approved by the Homes North Board.
If the tenant wishes to appeal against the Notice of Termination, this appeal must be made in writing within 21 days of the tenant receiving the notice, and the appeal will be considered by the Board of Directors (or a sub-committee thereof).
The tenant will be advised in writing of their right to appeal (including time frames) at the time of issue of the Notice of Termination.
Relevant legislation
Related documents/resources
- Notice to End Tenancy Form including Exit Survey (paper based form)
- End of Tenancy Checklist
- End of Tenancy Water Charges
National Community Housing Standards:
Standard 1.4 – Ending Tenancies
Policy information:
Policy no: 1.4.1\3
Adopted: February 2013
