PolicyRunning a Business from a Housing Tasmania PropertySDMS ID Number P2012/0179-051SDMS Title Running a Business from a Housing Tasmania home – Policy –

P2012/0179-051Effective From 1 October 2013Applies to All Housing Tasmania tenantsCustodian Manager Housing StrategySummary This policy provides a decision making framework for running a

business from a home owned by Housing Tasmania by a tenant.Replaces Doc. No. n/aAuthor Area Housing Strategy – Social and Affordable Housing Policy UnitContact Manager, Housing StrategyReview Date October 2017

Policy Intent The purpose of this policy is to provide a decision making framework for running a business from home by Housing Tasmania tenants.In general Housing Tasmania will support applications from tenants seeking to operate a business from their property where its operations will be consistent with normal residential use of the property, compliant with required standards for the business and does not impact adversely on the property or neighbours.

Application This policy applies to all Housing Tasmania and Aboriginal Housing tenants in Tasmania.

The Residential Tenancy Act

Section 52 (a) of the Residential Tenancy Act 1997 states“A tenant is not to -

(a) Use, or cause to be used, the residential premises for -(i) Any unlawful purpose; or(ii) Any purpose other than residential purposes”

The RTA does not define residential purposes. However, Housing Tasmania has determined that a building is being used for residential purposes when the primary use of the building is as a site for functions normally undertaken in a residential dwelling such as food preparation and consumption, bathing, sleeping, watching television, washing clothes and looking after children.Housing Tasmania recognises that allowing tenants to explore employment opportunities within their homes increases individual and community capacity and will support such requests where a business can be operated within the parameters of the Residential Tenancy Act (1997).

The Housing Tasmania lease

Condition 3.6 of the lease, relevant to this policy, states“Your use of the premises is limited.

(a) You must use the premises as your principal residence.

(b) You must not use the premises for any business. Or for any illegal purpose.”

The Permissions preamble to Condition 3 allows Housing Tasmania to change Condition 3.6 (b) and give the tenant

Page 2 of 6

permission to use the premises for a specified business. The permission must be in writing.

Permission must be in writing

Permission must be provided in writing and must clearly specify any conditions upon which the permission is granted.Because this is a variation to the lease, the permission must be signed by both parties.

When will permission be given?

Permission to operate a business from a Housing Tasmania property will be considered: Where the business is an extension of a normal

residential purpose; Where it is consistent with the lease; Where it complies with standards and other

requirements of the business including workplace standards

Property Modifications Housing Tasmania will not undertake property modifications required to accommodate the business. If modifications are considered appropriate, these much be undertaken by the tenant at their own expense.For example, Housing Tasmania would not upgrade glazing and associated components to ensure compliance with legislative requirements for a child care business. The tenant would need to pay for this upgrade at their own expense.Tenants must be informed if we will require them to restore the property to its original condition before vacation.If it is not completed, Housing Tasmania will make the changes and pass on the charges to the tenant.

Page 3 of 6

Registration, Licensing and Council Requirements

It is the tenant’s responsibility to contact the local council or other relevant authority and find out any requirements for conducting their home business. Tenants must provide Housing Tasmania with written confirmation regarding these requirements and proof that they have complied with these on an ongoing basis. For example, if registration is only for a 12 month period, proof of ongoing registration would be required and permission would only be provided for the period covered by the registration.The Australian Business Licence Information Service (ABLIS) website provides a useful summary of State and Local Government requirements for various businesses. The web address is www.ablis.business.gov.au

Permission may be revoked if

Permission may be revoked if: The tenant has not complied with local council and/or

other legal requirements The tenant can no longer provide proof of registration Damage to the property has happened as a result of

the business The business is causing a nuisance or danger to

neighbours or visitors.It is important to record all relevant information leading to permission being revoked. For example, file notes of complaints from neighbours.

Damage to the propertyWhere approval to run a business has been given, the tenant takes full responsibility for any damage that occurs to the property as a result of the business. The tenant must repair the property to its original condition in the timeframe specified by Housing Tasmania. This might be requested during the tenancy or after the tenant moves out.

Additional Income Tenants or applicants should be reminded that they need to declare any additional income earned so that the correct tenant contribution can be set correctly.

Page 4 of 6

Exceptions Area Managers have discretion to vary sections of this policy to better respond to individual tenant needs. Where discretion is applied all decisions must be documented and copies placed on the relevant files.

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

Exemptions n/a

Responsibilities/ Delegations

All Housing Operations staff members are responsible for ensuring the appropriate application of the policy. Area Managers are responsible 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 Services, through the delegated Area Managers.

Procedures and Forms

n/a

Related Policies Rent Account Management Home Visits

Policy Title and Version Running a Business from a Housing Tasmania Home v2.0Effective Date 1 October 2013Review Date (minimum of 3 years)Document Number P2012/0179-051Replaces Document Number

n/a

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

Page 5 of 6

This Policy may be varied, withdrawn or replaced at any time. Compliance with this directive is mandatory for the Department of Health and Human Services. Please Destroy Printed Copies. The electronic version of this Policy is the approved and current version and is located on the Agency’s intranet. Any printed version is uncontrolled and therefore not current.

Page 6 of 6