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1.10 Relocation
1.10.1 Policy
Bridge Housing has developed this policy so that it can manage its tenancies and property portfolio effectively to maximise the benefit social housing can provide to people in housing need. From time to time Bridge Housing may require a tenant to move to another property managed by Bridge Housing.
Bridge Housing has developed this policy so that it can manage its tenancies and property portfolio effectively to maximise the benefit social housing can provide to people in housing need. From time to time Bridge Housing may require a tenant to move to another property managed by Bridge Housing.
When relocating a tenant Bridge Housing aims to offer alternative housing that:
- Meets the client's known housing and locational needs;
- Allows continued access to services; and
- Supports the creation of a successful and sustainable tenancy in the new location.
Bridge Housing will only require a tenant to relocate for valid reasons related to the management of a tenancy or Bridge Housing's property portfolio. If necessary, Bridge Housing will enforce this right by taking termination action through the Consumer, Trader and Tenancy Tribunal (CTTT).
Bridge Housing will apply the following service standards when implementing this policy:
- Clear and consistent communication from Bridge Housing to tenants throughout the relocation process
- Explaining the options available to the relocating tenant
- Where possible, offering choices to the relocating tenant
- Matching tenants to alternative housing based on their known housing needs
- Clearly identifying the points at which reviews of decision-making processes are available
- Treating tenants appropriately and offering alternative housing with regard to the tenant’s housing needs as assessed during the relocation process.
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1.10.1.1 Reasons for Relocation
Bridge Housing may seek to relocate a tenant for reasons relating to management of its property portfolio or for tenancy management purposes.
Reasons for Relocation
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Portfolio Management
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- Bridge Housing intends to:
- sell a property or group of properties
- demolish a property or group of properties
- redevelop the land the property is on to provide more appropriate housing
- The property has been designated for occupation by a particular client group, such as older people, and the tenant/tenant’s household does not belong to this client group
- The property is not owned by Bridge Housing and the lease with the private landlord has been terminated.
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Tenancy Management
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- Under-occupancy - the property is too large for the tenant's household, for example, due to changing circumstances such as children leaving home
- Overcrowding – too many people are living at the property
- The property has features, such as modifications for people with a disability, which are no longer needed by those living in the property
- Bridge Housing intends to carry out substantial upgrading work on the property and the property needs to be vacant so that this work can happen
- Management of neighbour disputes or social disharmony that involves or affects the tenant
- The property or its location is unsuitable for the tenant and their capacity to sustain a Bridge Housing managed tenancy is threatened
- Any other compelling reason relating to the management of a particular tenancy.
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1.10.1.2 Additional Information About the Application of this Policy
This policy applies to any tenant asked by Bridge Housing to relocate for management purposes including a tenant who:
- Has been approved for a transfer
- Is seeking a mutual exchange; or
Notwithstanding this policy and its requirements for relocating tenants for management purposes, Bridge Housing reserves its right at all times to issue a Notice of Termination of a Residential Tenancy Agreement if there have been breaches of the Residential Tenancy Agreement. This proviso applies to ensure Bridge Housing can comply with its legislative obligations as well as its contractual obligations under the Residential Tenancy Act 1987.
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1.10.2 Procedure
1.10.2.1 Decision Process
Bridge Housing will take the steps set out in the table below when the need to relocate a tenant for management purposes has been determined:
Table 1: Decision Process
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Action
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Explanation
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| 1. Tell the tenant about the relocation |
Bridge Housing will inform the tenant about the relocation in person and provide follow up information in writing
If the relocation is for tenancy management reasons, this will happen as soon as reasonably practical after the decision to relocate the tenant is made
If the relocation is for portfolio management reasons, this will happen as soon as reasonably practical after Bridge Housing makes a confirmed portfolio management decision The information provided to the tenant at this point will include the contact details for the Housing Manager who will be the tenant’s first point of contact for any issues relating to the relocation process. |
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2. Interview the tenant to find out their housing and relocation needs
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The purpose of this interview is to gather information about the tenant's situation so that Bridge Housing can:
- make an appropriate offer of alternative housing
- offer the tenant appropriate assistance. See Assistance with Relocation during the relocation process
- where appropriate, make arrangements to move or compensate the tenant for improvements that were made to the property with Bridge Housing’s permission
The tenant is expected to co-operate with Bridge Housing by being available for this interview. Bridge Housing will proceed without completing this step if the tenant does not make their self available after reasonable notice. |
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3. Give the tenant an individual relocation statement
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The relocation statement sets out in writing:
- The tenant's housing and relocation entitlements. These entitlements will be based on Bridge Housing’s assessment of information provided by tenant during the interview process
- The location that the tenant will be rehoused
- The number of reasonable offers of alternative housing that the tenant can expect from Bridge Housing
- Bridge Housing's intention to exercise its right to take action at the CTTT to terminate the tenancy if the tenant refuses all reasonable rehousing offers
- The steps that the tenant can take to seek a review of any decision taken by Bridge Housing to terminate their tenancy on the basis that its offers of rehousing have been rejected
- Provide details of an independent advice agency-tenants advice service or the Housing Appeals Committee
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4. Confirm that Bridge Housing's information about the tenant's housing needs is up to date
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Bridge Housing will contact the tenant to confirm that its information about the tenant's housing needs is up date shortly before making any offer of alternative housing It is the tenant's responsibility to respond in a timely manner, and if they do not respond, Bridge Housing will proceed on the basis of the information that it has previously collected.
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5. Offer alternative housing to the tenant
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6. Record the tenant's response to the offer
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Record the tenant's response to the offer with one exception, Bridge Housing will follow the approach set out in our Offering a Property to a Client Policy to:
- record the tenant's response to the offer
- if the tenant rejects the offer, decide whether or not the tenant's rejection of the offer was reasonable.
The exception is that if the tenant rejects the offer, Bridge Housing will give the tenant 7 days if they are being relocated for portfolio management reasons or 14 days if they are being relocated for tenancy management reasons, to give written reasons why the offer was rejected (not 28 days as stated in the Offering a Property to a Client Policy). Bridge Housing can extend this timeframe for a short time if the client requests it and has good reasons for making the request. See the Assessment Criteria section below for more information. |
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6a Offer accepted
Make final arrangements for signing the new tenancy and relocation
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Bridge Housing will liaise with the tenant about:
- the date that their new tenancy will start
- the arrangements for signing their new tenancy agreement
- arrangements for moving
- if Bridge Housing has agreed to move or replace improvements made to the tenant's current property, the arrangements for installing improvements in the new property
- if Bridge Housing has agreed to compensate the tenant for improvements that will not be moved or replaced, payment of this compensation. The offer letter will confirm what has been agreed.
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6b Reasonable offer not accepted
If appropriate a second reasonable offer made
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Bridge Housing will not carry out this step if the tenant has been informed that they will receive only one reasonable offer.
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1.10.2.2 Rehousing Location
In line with the Matching Clients to Properties Policy relocating tenants are able to nominate the location that they would like to be rehoused. Bridge Housing will approve this location unless there is compelling policy or operational reasons to decline the tenant's nomination.
For example, Bridge Housing may restrict relocations to certain locations:
- in order to minimise the risk of serious anti-social behaviour; or
- because it has limited properties in the location; or
- because the relocating tenant’s housing needs cannot be met in the location within a reasonable period of time; or
- because the relocating tenant’s support needs cannot be met in the location within a reasonable period of time.
In addition, Bridge Housing will restrict relocations to certain locations if there is a compelling external reason to do so, for example:
- a legal restriction on the tenant or a member of their household living in a particular location, or
- A person, agency or entity external to Bridge Housing has made an assessment that a specific rehousing location would be inappropriate in specific circumstances and Bridge Housing has accepted that assessment.
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1.10.2.3 Number of Offers
Bridge Housing will make two reasonable offers of alternative housing to a relocating tenant. In the case of Underoccupancy Bridge Housing will make three offers. See the Assessment Criteria section of this policy for more information. See the Offering a Property to a Client Policy for more information about Bridge Housing's approach to making offers of housing.
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1.10.2.4 If All Reasonable Offers of Alternative Housing are Rejected
In this situation Bridge Housing will undertake a final check to confirm that the offer(s) made to the tenant have taken into account all of their known housing needs and were consistent with the entitlements set out in the tenant's individual relocation statement. Once this has been confirmed Bridge Housing will issue a Sixty Days No Grounds Notice of Termination. Bridge Housing decision is open to appeal and to review by the Housing Appeals Committee during the sixty day termination notice period. The appeal process is outlined below:
Table 2: Review Procedure Where a No Grounds Notice of Termination is Issued
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Decision
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Process
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| Tenant Appeal |
A tenant can appeal to Bridge Housing to review the decision within 14 days. The appeal can be made in writing or orally, if orally Bridge Housing will record a file note
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Review by Bridge Housing (Landlord)
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Bridge Housing will review the decision and provide the opportunity for the tenant to make representations The decision will be reviewed by the Executive Officer to ensure the tenant's representations are fully and adequately considered. The review will be completed within 7 days of the receipt of the Appeals Form or oral submission.
If Bridge Housing decides that the termination should proceed it will then refer the decision to the Housing Appeals Committee to provide 'a useful oversight function'.
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Housing Appeals Committee (HAC) Review
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The Housing Appeals Committee can make a non-binding recommendation to the landlord. The consideration by the Housing Appeals Committee will be available as an automatic separate, independent function. The Housing Appeals Committee shall consider the following:
- the consideration of the Reviewer;
- any representations made by the tenant;
Time within which review is to be heard and finalised: The Housing Appeals Committee shall be required to issue its recommendation with respect to a reference to it within seven (7) days after receipt of the matter from the Bridge Housing. |
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Review of HAC decision by Bridge Housing
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Bridge Housing shall give consideration to any recommendation from the Housing Appeals Committee. Bridge Housing shall within a period of five (5) days upon receipt of recommendation from the Housing Appeals Committee, make the decision. After the review, Bridge Housing may give a:
- notice of termination of the existing agreement,
- advise the tenant that the landlord has decided not to give a notice of termination of the existing agreement, or
- make a new offer of alternative premises that differ from those the subject of the review.
Bridge Housing shall notify the tenant of the decision. |
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Right to a second review if a new offer is made
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If there is a further review arising from a new offer of alternative premises, the second review shall be conducted in a similar manner and with similar procedural requirements as to the first review.
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1.10.2.5 Assistance With the Relocation
Bridge Housing will provide practical assistance where it is assessed as appropriate and necessary for helping the tenant and their household to relocate. Bridge Housing will assess each tenant's situation on a case by case basis and make a decision based on the individual circumstances of the tenant. Bridge Housing's aim is to help the tenant establish a tenancy in the new location that is likely to be successful and sustainable. While each tenant's situation will be different, the types of assistance that Bridge Housing could consider include:
- Assistance with moving expenses, utility reconnection fees, or establishment expenses in the new property. See the Assessment Criteria section of this policy for more information about this.
Bridge Housing will also work with the tenant to identify any support services that they may require in the new area, make appropriate referrals to those agencies and encourage the tenant to follow up on the referrals.
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1.10.2.6 Relocation From a Property That is to be Redeveloped
In a situation where Bridge Housing relocates a tenant from a property that is going to be redeveloped to provide social housing, the tenant can express interest in returning to live at the site after the property redevelopment has been completed. Doing this means being relocated while the redevelopment project is undertaken and then a second relocation to return to the site after it is redeveloped.
Bridge Housing will consider requests from tenants to return after the property redevelopment has been completed on a case by case basis. Bridge Housing will take the tenant’s housing needs into account when making its decision.
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Table 3: Assessment Criteria
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Decision
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Criteria
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| Approval of the tenant's nominated rehousing location |
- Bridge Housing considers that there is a reasonable prospect of the tenant's housing and/or support needs being met in the location and
- If there is a history of serious anti-social behaviour associated with the tenancy, Bridge Housing considers that there will be minimal risk of anti-social behaviour occurring in the new location and
- there is no compelling external reason why the tenant's choice of location should not be approved.
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Decision that the tenant is to receive one reasonable offer of alternative housing only
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The need to achieve Bridge Housing's broader strategic or operational outcomes outweighs Bridge Housing's desire to make two reasonable offers of alternative housing to the tenant
- Broader operational outcomes can include:
- Bridge Housing has a compelling financial or operational need to achieve the relocation within a specific timeframe and this timeframe is not reasonably achievable if the tenant is entitled to two reasonable offers of alternative housing,
- seeking to end a situation of anti social behaviour or disruption of the neighbourhood associated with a particular tenant or tenancy,
- a documented history of the tenant failing to respond to communications from Bridge Housing within a reasonable period of time,
- a compelling external reason.
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An offer of alternative housing made to a relocating tenant is reasonable
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Extension of time to give written reasons why an offer of alternative housing was rejected
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Bridge Housing can extend this timeframe if:
- The tenant needs to obtain additional written documentation to support their decision to reject the offer, and it is not reasonably possible to get this documentation within the 7 day time period, and/or
- Health or disability circumstances affecting the tenant or a member of their household mean that it is not reasonable to expect the tenant to provide written reasons within the timeframe.
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Decision to give the tenant notice that Bridge Housing intends to issue a Notice of Termination
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Bridge Housing is satisfied that:
- The tenant's housing needs have been fully and correctly assessed, and
- The offer(s) of alternative housing that have been made to the tenant were reasonable offers in accordance with the Offering a Property to a Client Policy.
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Assistance with the relocation process (other than reimbursement for moving or improvements)
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If the tenant is being relocated for portfolio management purposes: Bridge Housing is satisfied that the expense is:
- reasonable, and
- incurred as a result of Bridge Housing requiring the tenant to relocate to another property.
If the tenant is being relocated for tenancy management purposes: Bridge Housing is satisfied that:
- if the assistance is not provided, the tenant is unlikely to be able to establish a successful and sustainable tenancy in the new location, and
- if the assistance is provided, it will assist the tenant to establish and maintain a successful and sustainable tenancy in the new location.
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Eligible to request to return to a property after redevelopment
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- The tenant is being relocated so that their property can be redeveloped and
- After redevelopment, properties on the site will be used to provide social housing
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Approval to return to a property after redevelopment
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If the properties on the site will be managed by Bridge Housing after redevelopment: The housing needs of the tenant and their household match the property characteristics of a property to be built at the site including:
- Number of bedrooms
- Specific features of the property such as modifications or ground floor access that must be required by the household
- If relevant, the tenant or a member of their household belongs to the client group to be housed at the site and
- There is no compelling operational or external reason why approval to return should not be granted
- Reason why approval to return should not be granted.
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Table 4: Evidence Requirements
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Situation
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Evidence
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| Housing Needs |
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Relocation Needs
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Information collected by Bridge Housing from the tenant and their household during the housing needs assessment process.
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Offer of alternative housing not reasonable
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1.10.2.7 Appealing Decisions
If a client believes we made the wrong decision they should ask for a formal review of the decision. To do this a client needs to complete an appeals form stating why they disagree with the decision. An appeals form and copy of Bridge Housing's Appeals and Complaints Policy is available from Bridge Housing's office or they can be downloaded from our website www.bridgehousing.org.au.
If a client is unhappy with the outcome of an appeal to Bridge Housing they can lodge a second level appeal with the Housing Appeals Committee. The Housing Appeals Committee is an independent agency that reviews certain decisions made by staff of Community Housing organisations and Housing NSW. For information on the Housing Appeals Committee call 1800 629 794 or go to www.hac.nsw.gov.au.
Applicants can appeal about the following Bridge Housing decisions under this policy:
- Relocation of tenant for management purposes
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Bridge Housing Policy and Procedures Manual: Relocation Revisions
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Document Title
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Relocation
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Approval Date
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September 2007
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Approval Authority
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Bridge Housing Board
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Effective Date
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October 2007
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Review Date
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October 2009
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Administrator
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Executive Officer
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