PolicyAbsence from TenureSDMS ID Number 20100801SDMS Title Absence from Tenure – Policy –20100801Effective From 1 October 2013Applies to All Housing Tasmania tenantsCustodian Manager Housing StrategySummary This policy outlines the responsibilities of Housing Tasmania

tenants and staff, when a tenant leaves a property vacant.Replaces Doc. No. n/aAuthor Area Housing Strategy – Social and Affordable Housing Policy Unit.Contact Manager, Housing StrategyReview Date July 2018

Policy Intent The intent of this policy is to ensure that Housing Tasmania properties are made available to the people who need them the most.This policy outlines the responsibilities of Housing Tasmania tenants when they are away from the property.Housing Tasmania works with tenants to prevent the loss of their tenancy, and to protect the property from being

damaged, when the tenant is absent.Tenants must advise Housing Tasmania and seek approval, when they intend to be away from the property for more than eight (8) weeks, referred to as an extended absence.Tenants who are absent from tenure and who need support will be referred to Housing Connect, which provides integrated access points across the state, that connect our clients with housing assistance and support.Applications for extended absences will be considered on a case by case basis, and applicants will be advised of the outcome in writing by Housing Tasmania.Extended absences will be approved where the absence is unavoidable, or necessary for the health and wellbeing of the tenant; or their family members.Absences of longer than twelve weeks, referred to as exceptional absences, will be approved in exceptional circumstances only.When a tenant can’t live in the house for more than twelve weeks and it is not appropriate for them to return to that property, we will work with them to identify other options (such as a property with disability access).Under the terms of the lease, the tenant will be in breach of the lease when the tenant is away from the property for more than eight weeks and the following conditions apply: The tenant has not told Housing Tasmania, in which case

the tenancy may be treated as if it has been abandoned (see Abandoned Goods Policy).

The absence has not been approved by Housing Tasmania. The tenant has not made appropriate arrangements for

paying the tenant contribution and or for care and protection of the property, during their absence.

Application This policy applies to all Housing Tasmania tenants.Housing Tasmania tenants are people who have signed a residential tenancy agreement (referred to as a lease) with Housing Tasmania, and all of the declared members of their household.

Background When a tenant needs to be away from the property for an

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extended period, it is important that the tenant tells Housing Tasmania, and gains approval for the absence, for the following reasons:

Vacant properties can quickly become run down, including when maintenance problems are not fixed promptly.

Vacant properties are vulnerable to damage as a result of squatting, vandalism, arson, and other property crime.

A tenant’s belongings are at risk of being stolen or damaged or otherwise disposed of, when the tenant is not living in the house.

Housing Tasmania properties are a scarce resource, and must be available to the people who need it the most.

Under the lease the tenant must use the property as their home, or principal place of residence (where they live most of the time).

When a tenant can no longer live in a property, or no longer needs to live in the property, under this Policy the property can be freed up and made available to people on the waiting list that urgently need housing.

The Housing Tasmania lease

All tenants must sign a Residential Tenancy Agreement (or lease) with Housing Tasmania, before they can move into a Housing Tasmania property.Signing a lease protects the tenant’s right to privacy and quiet enjoyment of their home; provided that the tenant pays the rent on time; and in other ways meets the conditions of the lease.The lease outlines what a tenant must do while living in the property. It also outlines what Housing Tasmania must do, as the owner.A signed Residential Tenancy Agreement allows a Housing Tasmania tenant, and their declared household members to occupy a Housing Tasmania property as their main home, until the end of the lease.The lease will be renewed as long as the tenant does not breach the lease and is still in need of housing assistance.This is what the Housing Tasmania lease says:

3.6 Your use of the premises is limited.

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

To show that the property is their principal place of residence, a tenant must live in the house for at least nine months, out of any twelve month period.Housing Tasmania will not approve frequent extended absences, if the tenant is only living in the house for short periods at a time, between the absences.This means that a tenant can be asked to vacate the property, when they:

1. Have moved out and have sublet the property to someone else.

2. Have let someone else live in the property and have not let Housing Tasmania know that the person is living there.

3. Are using the property as a holiday home or only live in it part time, while living somewhere else the rest of the time.

4. Cannot live in the property for an extended or exceptional period, because they are in prison, hospital, respite or rehabilitation, and have not let Housing Tasmania know, so that alternative accommodation can be arranged, as appropriate.

5. are away from the property for more than eight (8) weeks, without having let Housing Tasmania know and without gaining written approval; and

6. Have informed Housing Tasmania and provided a reason for being away, and the reason has not been approved by Housing Tasmania.

Being away for 8 weeks or less

Tenants do not have to contact Housing Tasmania and seek approval for an absence, if they are going to be away from the property for a period of less than or up to eight weeks. This is a permissible absence.It is still a good idea for the tenant to let Housing Tasmania know when they are going to be away for more than a few days, even if it is less than eight weeks.Housing Tasmania will then know that the house has not been abandoned, and that the tenant plans to return.

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When Housing Tasmania knows that a tenant is away, this makes it easier for us to keep an eye the property and deal with any problems that may arise.Problems can be dealt with more easily when the tenant:

Tells Housing Tasmania where they can be contacted while they are away.

Puts Housing Tasmania in contact with a person who the tenant has asked to look after the property for them while they are away.

Housing Tasmania will then know who to call if there is a problem. See also the sections below in this Policy, on “Appointing an Agent” and “Who Can Live in the Property when the Tenant is Away?”

Being away from the home for more than 8 weeks

Where a tenant has planned to be absent for eight weeks or less, and then needs to stay away for longer than eight weeks, they must talk to Housing Tasmania about their circumstances, or they may risk losing their property.Tenants will be given approval to be away from the property for extended periods, when there is an acceptable reason for the absence. Acceptable reasons include:

An overseas or longer local (e.g caravanning) holiday, not more than once in any twelve month period.

Imprisonment provided the offence does not involve a breach of the lease.

Rehabilitation, respite or hospitalisation of the tenant or their immediate family member.

Looking after an extended family member due to illness or disability.

Travel as a result of a death or other crisis in the tenant’s extended family.

Self-improvement, such as studying or training at an educational institution; and or

Staying in emergency accommodation for their safety.

If your issue is not listed in this policy, it is important to talk to Housing Tasmania anyway, because everyone’s situation is different and it does not mean your reason will not be accepted. Each situation will be considered on a case by case basis.

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Requests to be away from a property for more than eight weeks will be processed quickly and sensitively, and will take account of the tenant’s individual circumstances.Only the tenant may request approval to be away from their Housing Tasmania property. Other household members cannot make the request on behalf of the tenant. The Area Manager will decide whether to approve the absence, and will send a letter to the tenant when a decision is made.The reasons a tenant gives for being absent, and any supporting documentation they provide, will be kept private, in line with the Personal Information Protection Act (2004).During extended absences the tenant will still need to:

1. Pay the tenant contribution on time.2. Make arrangements for someone to care for the property,

and the grounds, if any.3. make arrangements for someone to monitor the

property for signs of damage or break-ins.

What if a tenant needs to be away for longer than twelve weeks?

Only in exceptional circumstances will the Area Manager approve absences of more than twelve weeks. This is referred to as an exceptional absence.Each application will be considered on a case by case basis. If necessary, the Area Manager may seek advice from the Manager Housing Operations.When a tenant seeks approval to be absent for more than twelve weeks, Housing Tasmania may reassess whether or not the tenant still needs housing assistance.If a tenant is absent for longer than twelve weeks without approval and no one else is living in the house, Housing Tasmania may arrange to vacate the property and dispose of the tenant’s belongings.Where declared household members are still living there, Housing Tasmania may decide to transfer the tenancy to another adult household member (see Succession of Tenancy policy).The Area Manager will use discretion to approve exceptional absences only where the absence is unavoidable and for reasons beyond the tenant’s control, and the tenant can return to live in the property.

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When a tenant is away for more than twelve weeks and cannot return (due to illness, disability, imprisonment or an educational training course), it is important that they inform Housing Tasmania so that we can work with them to identify other options, such as a disability modified property or other suitable housing.In order to gain approval for the absence, the tenant must demonstrate that the absence will help reduce serious health or wellbeing impacts on them, another member of their household or member of their extended family.Exceptional absences may be approved for the following reasons:

An overseas or longer local (e.g caravanning) holiday, once in any twelve month period.

Imprisonment provided the offence does not involve a breach of the lease (see Tenant Behaviour Policy).

Rehabilitation, respite or hospitalisation of the tenant or their immediate family member.

Looking after an extended family member due to a prolonged period of illness or disablement.

Travel as a result of a death or other crisis in the tenant’s extended family.

Self-improvement, such as studying or training at an educational institution; and or

Staying in emergency accommodation for their safety.

When the Area Manager applies discretion to vary the conditions of the lease, and decides that a tenant can be away from the property for more than twelve weeks, a Director’s Briefing must be provided.

Seeking approval When seeking approval for planned absences of more than eight weeks, tenants need to give Housing Tasmania at least two weeks’ notice. This gives the Area Manager time to consider the application and provide a written response.When a tenant advises Housing Tasmania of a planned absence, they will be given an Advice of Absence from Property form to complete.

Referrals to If a tenant who is absent from tenure needs help and support to Page 7 of 13

Housing Connect remain in their Housing Tasmania home when they return, they can be referred to Housing Connect to have their housing and support needs assessed.If the Housing Tasmania house is no longer suitable and the tenant needs to explore other housing options, staff at Housing Connect can assess their housing and support needs and refer them to options that might suit them.

Appointing an agent

Housing Tasmania wants to help tenants keep their home and belongings safe.Housing Tasmania asks tenants who plan to be absent from the property, to consider appointing an agent (responsible adult) who can:

Ensure that necessary maintenance of the house is undertaken; including of the grounds, if any.

Monitor the house and protect it from vandalism and squatting and other damage.

Receive documentation, such as letters and notices, on behalf of the tenant.

Represent the tenant when any problems arise during the tenant’s absence.

An agent, as mentioned here, is not the same as a real estate agent, but rather is an agent as defined in the Residential Tenancy Act (1997). For the period of the tenant’s absence, the agent is the person who will stand in for the tenant.The agent must be over 18 years of age. They could be a household or family member, neighbour, friend or solicitor.The agent must be a person who the tenant considers to be reliable and trustworthy.If the tenant’s arrangements for the absence are approved, the agent can act on behalf of the tenant for the time the tenant is away from the property.The tenant may arrange for an adult household member to look after the property for them during their absence. This must be discussed with and approved by Housing Tasmania, if the absence is for more than eight weeks.If the agent is not living at the property, they must agree to regularly inspect the property, and ensure that it is being maintained to the standard required by the lease.

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If the tenant wishes to appoint an agent, Housing Tasmania will give the tenant a Notice to appoint an Agent form to complete.

Who can live in the property when the tenant is away?

Declared household members who are adults can live in the property when the tenant is away on an approved absence.A “declared household member” means that Housing Tasmania has been told that the person lives there, and that their income has been taken into account when determining the tenant contribution.The agent appointed by the tenant may be a declared household member who is already living at the property.A declared household member who is nominated as the agent of the tenant, does not hold greater succession or tenancy rights than any other declared household member. Please refer to the Succession of Tenure Policy.The agent appointed by the tenant may move into the property while the tenant is away, provided approval is sought and obtained from Housing Tasmania.Under the Succession of Tenure policy, an agent of the tenant does not have a right to take over the tenancy if the tenant does not return to the property.

Children under 16 years

Children of the legal tenant who are under the age of 16 years cannot be left in charge of the property, during the tenant’s absence.Housing Tasmania is responsible for ensuring that children in Housing Tasmania homes live in a safe and secure environment, and are cared for by responsible adults.If other household members who are to remain in the property are under16, the tenant must ensure that an appropriate adult can live there with them, to provide them with care and supervision; or the tenant must contact Child and Family Services to arrange alternative care arrangements.The tenant is responsible for ensuring that the children and youth in the household, for whom they are responsible (members of their household who are under 16 years of age), are cared for appropriately when they are absent.If the tenant does not make appropriate arrangements for the care and supervision of children in the household who are under the age of 16, Housing Tasmania is required by law to notify Child and Family Services immediately.

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Subletting When a tenant is away from the property, subletting arrangements will not be allowed.Subletting means when the person who has signed the tenancy agreement (the tenant) rents the property out to another person.An agent in residence, who is caring for the property during the tenant’s absence, is classified as a household member and their presence does not constitute a subletting arrangement.Regardless of who is living in the property in the tenant’s absence, the tenant remains legally responsible for paying the tenant contribution on time, and for the condition of the house. Housing Tasmania will confirm this in writing to the tenant.

Pets and absences Pets must not be left unattended at the property when the tenant is absent, unless appropriate arrangements have been made for someone to control and care for them.If a pet remains at the property when the tenant is absent, and appears to be unattended, Housing Tasmania will call the RSPCA and the pet may be removed from the property.Please refer to the Pets in Housing Tasmania Properties policy.

Payment of the tenant contribution

When a tenant is away from the property, regardless of the length of time, they remain responsible for paying the tenant contribution on time; as calculated by and agreed with Housing Tasmania, according to their household income.A tenant who is absent from tenure can pay the tenant contribution in advance or by direct debit.

Special Rents People’s individual circumstances can be complex and unique. Housing Tasmania may approve special or reduced rents when a tenant is absent from tenure for more than eight weeks, where financial hardship can be demonstrated.Approval of special or reduced rents will be considered on a case by case basis, and approved in writing by the Area Manager.

Abandoned properties or extended unapproved

If the tenant is away for an extended period and has not notified Housing Tasmania, Housing Tasmania will respond as if the tenancy has been abandoned.Where the tenant has sought approval to be absent and is away

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absences for longer than the time that has been approved, without notifying Housing Tasmania, the extended unapproved absence will be treated as an abandoned tenancy.If the tenant appears to have abandoned the property, Housing Tasmania will attempt to contact the tenant.If Housing Tasmania cannot contact the tenant either directly or through another person, such as the tenant’s nominated agent, steps will commence to end the tenancy and vacate the property, in most cases (see Ending Tenancies by Legal Means and Abandoned Goods policies.

Exceptions Area Managers can apply discretion to vary 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.The Personal Information Protection Act (2004) applies to all tenant information collected and stored by Housing Tasmania.

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 the application of discretion.

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

Absence from Tenure – Procedure; application form, appoint an agent form.

Related Policies Abandoned Goods; Charges for Non Fair Wear and Tear Repairs; Page 11 of 13

Ending Tenancies by Legal Action; Rent Account Management; Succession of Tenancy.

Glossary Agent of the tenant: a person the tenant appoints to stand in for them during their absence. An agent provides Housing Tasmania with a contact person who can receive documents and letters on behalf of the tenant; monitor and maintain the property; and represent the tenant should problems arise.Exceptional absence: refers to when one of our tenants is not living in their Housing Tasmania property for a period of more than twelve weeks. Exceptional absences can only be approved at the discretion of the Area Manager; about which the Director must be informed in a Briefing.Extended absence: refers to when a tenant is not living in their Housing Tasmania property for a period of more than eight weeks. Tenants must notify Housing Tasmania and seek permission to be absent for more than eight weeks.Housing Connect: a front door service provided by community sector organisations across the state. Housing Connect is an integrated access point for social housing and support. Housing Connect staff assesses the needs of our clients and connect them with a range of responses specific to their needs and situation.Permissible absence: refers to when a tenant is not living in their Housing Tasmania property for a period of less than or up to eight weeks. Tenants do not need to notify Housing Tasmania or seek approval for permissible absences, of less than or up to eight weeks; however it is still advisable to let Housing Tasmania know and appoint an agent to stand in for the tenant during their absence in case problems arise.Subletting: when a Housing Tasmania tenant (person who signs the lease with Housing Tasmania) rents the property, or a room into the property, to another person, without declaring the person or their income to Housing Tasmania.Undeclared household member: a person who is living permanently in the tenant’s household, and where Housing Tasmania has not been advised that they are living there. A person may stay at the property for up to four weeks before their presence must be declared to Housing Tasmania, and their income taken into account in calculating the tenant contribution (see Rent Account Management policy and procedure).

Policy Title and Absent from Tenure Version 2.0

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VersionEffective Date 1 October 2013Review Date July 2018Document Number 20100801Replaces Document Number

n/a

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

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.

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