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1.11 Transfer
1.11.1 Policy
There are a number of reasons why a tenant may wish to transfer to another property. The size or type of property may no longer be suitable or the client may now need to live in another location.
There are also a number of reasons why Bridge Housing may need a tenant to relocate to another property. For example, the property may need to be redeveloped or it may no longer be available for use as public housing. Refer to the Relocation Policy.
Where a tenant requests to be transferred they must provide documentation or evidence to support their application and complete a transfer application which will be assessed.
Existing tenants of Bridge Housing may apply for a transfer on a priority or wait turn basis to another dwelling if their existing dwelling is no longer suitable for their needs. To be eligible for a transfer the tenant must have:
- Lived in the property for more than 12 months, unless the transfer is a priority application
- Have no rent arrears
- Have no Consumer, Trader and Tenancy Tribunal (CTTT) orders or serious complaints against them
- Meet Housing NSW income eligibility criteria.
Transfers allocated on a priority basis include those required because of:
- A medical condition or disability
- An 'at risk' situation
- Family breakdown/estrangement
- Extreme and ongoing harassment
- Changes in employment
- Compassionate reasons
- Severe overcrowding.
Clients may also be transferred by Bridge Housing to meet a range of management purposes such as redevelopment or due to under occupancy. Refer to Relocation Policy for more information.
Transfers allocated on a wait turn basis include those required because of:
- Moderate overcrowding (insufficient bedrooms)
- Underoccupancy (excess bedrooms) where the tenant has requested to transfer (see Underoccupancy below)
- Medical condition (where the tenant would benefit from a move but can manage in their existing accommodation).
Generally, to be approved for a transfer the tenant must be eligible for Bridge Housing. That is, they must continue to meet the current or previous income eligibility limits for public housing in addition to all other eligibility criteria for transfer. Clients can expect:
- Bridge Housing will allocate housing that meets their needs
- To be advised about the information and documents they need to provide to show why they should be rehoused
- To have their options clearly explained to them
- Be assisted in identifying a location which meet their needs and approximate waiting times in these areas
- When they move, that Bridge Housing will attempt to offer the same type of lease as their existing lease
- To be given reasons why their transfer application was not approved and to be advised about their right to appeal.
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1.11.2 Procedure
1.11.2.1 Transfers Approved on a Priority Basis
Tenants may apply for a transfer on a priority basis if their dwelling becomes unsuitable for one of the following reasons:
- At Risk Factors- Domestic Violence, Sexual Assault, Child Abuse, or Threatening Behaviour by one or more household members against another occupant
- Medical condition or disability
- Extreme and ongoing harassment
- Family Breakdown/Estrangement
- Compassionate reasons
- Severe overcrowding
The description and evidence required to substantiate these reasons is detailed in Table 1 Priority Situations and Evidence as below:
Table 1: Priority Situations and Evidence
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Criteria
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Situation
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Evidence Required
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| 'At Risk' factors |
There are many situations in which the personal safety or the mental health of the tenant or another member of their household may be 'at risk' including:
- Domestic violence
- Sexual assault
- Child abuse
- Threatening behaviour by one or more household members against another occupant
Bridge Housing will treat these situations confidentially and sensitively. The client must show that being rehoused will help to resolve the situation. |
They may also need to provide documents to support their application. The type of documents will vary according to the circumstances, but may include:
- Police reports
- An Apprehended Violence Order
- Reports from a doctor, health professional, social worker or a community support agency such as a refuge, Community Centre or Neighbourhood Centre worker.
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Medical condition or disability
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The client must show that the current dwelling or location is having a bad effect on the health or wellbeing of themselves or other members of their household. For example, the client may need to be closer to essential medical services, may now need ground floor access because of decreased mobility or may need to be closer to a carer. Bridge Housing will consider:
- The severity of the person's condition
- Whether the medical condition is permanent or likely to be permanent
- The mobility of the person affected
- The impact of the current dwelling and/or location on the client's health or wellbeing
- How often the person needs to visit medical services or specialists
- If, and how easily, the person can travel to these services
- If, and how easily, these services can be accessed in other areas.
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The client must provide documentation to show in what ways their present dwelling is unsuitable and the type of new dwelling they require. The documentation will vary according to the nature of the disability or medical condition, but can be provided by one or more of the following:
- A doctor, including a general practitioner or specialist
- A health worker such as a community nurse, occupational therapist or physiotherapist
- A psychiatrist or mental health worker
- Support organisations such as the Home Care Service, Home Nursing Service, Aged Assessment Team, Community Centre or Neighbourhood Centre.
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Extreme and ongoing harassment
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Where a tenant is experiencing serious and ongoing harassment in or near their home, they may seek alternative accommodation in order to remove themselves or their household from the situation. Harassment includes verbal, physical or other forms of abuse or threats of abuse suffered by a tenant or a member of their household.
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The tenant will need to show that, as a result of the harassment, it is intolerable or dangerous for them to remain in their current dwelling.
The tenant could be asked to provide documentation of their attempts to resolve the situation such as reports from a community justice centre, mediation centre, police or support agency.
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Family Breakdown / Estrangement
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Bridge Housing will provide separate housing for household members where there is a serious breakdown in the household relationship such as:
- Separation or divorce between a tenant and spouse or de facto partner
- Breakdown of a migrant sponsorship arrangement, or
Irreconcilable problems between a parent and child or children (including adult children) Bridge Housing will only provide alternative housing to family members who:
- Are permanent members of the household
- Are listed on Bridge Housing's records as living in the property
- Have declared their income to Bridge Housing.
An application for a transfer from a spouse, or partner, who has moved out of Bridge Housing due to separation, or divorce, will only be considered if:
- The spouse was a member of the household, or
- The de facto partner was a member of the household on a continuous basis for 2 years or more, and
- The spouse or partner is listed on Bridge Housing's records as having lived in the property, and
- The spouse or partner is currently eligible for public housing
- The spouse or partner applies for a transfer on family breakdown/ estrangement grounds within six months of moving out of property.
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All adult household members may be interviewed to:
- Confirm that the break-up is permanent, and
- Identify the new housing needs of the household.
Bridge Housing may also require supporting documentation such as:
- Evidence of a legal separation
- Confirmation of sponsorship breakdown, or
- Documentation provided by a social worker, community worker, or organisations such as a refuge, community centre, Neighbourhood Centre, Department of Community Services.
Estranged households will be treated with sensitivity and concern for the wellbeing of all members.
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Compassionate Reasons
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A client can request to move for compassionate reasons. These can include the following:
- Being closer to a family member who needs their care, and/or
- Being closer to support networks which are not covered by the medical, disability or other factors described above, such as, counselling services for refugees, child abuse services, family support services, rehabilitation services, Home and Community Care services, cultural services and educational services.
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The client will need to show a strong case for needing to relocate in such circumstances including providing information about the family needing care or supporting documentation about the services they require.
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Severe Overcrowding
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A client may be eligible for a transfer where a dwelling is considered to be severely overcrowded. This may be caused by an increase in household size for example as a result of a family reunion, award of custody or marriage, which results in the existing dwelling becoming severely overcrowded. Severe overcrowding may include:
- An adult or couple sharing a bedroom with a person aged over three years
- More than three children sharing a bedroom
- More than two unrelated adults sharing a bedroom.
Severe overcrowding can also occur where children currently sharing a bedroom who now need their own bedroom because of a specific need. Such needs may include:
- Disability or special medical needs
- Severe behavioural problems, or
- In the case of children of different sexes sharing a room, where one of them reaches puberty.
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Before being approved for a transfer the client will need to:
- Provide documentation substantiating the changed circumstances (for example, marriage certificate, court orders, immigration papers)
- Explain why the additional household members need to live in the same dwelling as the tenant
- Explain why the current dwelling is unsuitable.
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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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1.11.2.2 Transfers Approved on a Wait-Turn Basis
This category includes the following two grounds
Moderate Overcrowding
Moderate overcrowding occurs when the household has an increase in size which results in the household having less bedrooms than they would otherwise be entitled to but the overcrowding is not severe (as defined above).
In the case of Aboriginal clients seeking a transfer to assist them meet family responsibilities they are entitled to one extra bedroom, taking into consideration the existing household complement. Transfers are approved on a wait-turn basis, unless the requirements for a priority transfer are met (for example, severe overcrowding, medical or compassionate grounds).
Underoccupancy
Under-occupancy occurs when a client's current dwelling has at least one more bedroom than they now need to accommodate their household. It often occurs when there has been a decrease in household size resulting in the client's current dwelling being too big for the remaining household. See Relocation Policy.
Relocation
Bridge Housing may relocate tenants who are under-occupying their properties to smaller properties appropriate to their household even if the tenant has not requested this, see Relocation Policy. Where tenants request to be rehoused because of under-occupancy then this Transfer Policy applies.
Where a tenant requests a smaller dwelling and there are no medical reasons why they cannot maintain the property, a transfer is only available on a wait turn basis.
When a client applies for a transfer because of under-occupancy, Bridge Housing will:
- Consider the impact on the client
- Review the benefits and costs to Bridge Housing of transferring the client (including any special modifications which may need to be made to the new dwelling), and
- Confirm the client’s requirements for the new dwelling and how these can be met.
The application will be approved where:
- The dwelling can be put to better use,
- There is suitable housing available in the area nominated by the client
- If there are arrears, the tenant signs agreement to clear before commencing rent payments on new property.
The client does not need to meet the normal eligibility criteria for public housing.
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1.11.2.3 Number of Offers
Clients who have been approved for a transfer will be eligible to receive two offers of accommodation. If the client rejects two reasonable offers, their name will be removed from the Transfer Register. See Offering a Property to a Client Policy.
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1.11.2.4 Responding to Priority Transfer Needs
To assist in meeting priority transfer needs Bridge Housing will consider a range of housing strategies, within its capacity. These may include:
- A suitable Bridge Housing allocation.
- Renting a property from the private rental market (headleasing)
- Modifying an existing Capital property to make it suitable for a person with a disability. (This may be subject to the availability of funds to undertake the modifications)
- Considering whether the client's needs may be met by another social housing provider
- Advising the tenant in leasehold property to follow up their application with Housing New South Wales.
The most appropriate option for the client will be selected, and progress in implementing this plan will be regularly reviewed.
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1.11.2.5 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:
- Eligibility for general transfer
- Eligibility for priority transfer
- Locational need
- Relocation of tenant for management purposes
- Housing entitlement if granted transfer
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Bridge Housing Policy and Procedures Manual: Transfer Revisions
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Document Title
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Transfer
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Approval Date
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March 2008
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Approval Authority
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Bridge Housing Board
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Effective Date
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March 2008
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Review Date
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March 2010
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Administrator
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Executive Officer
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