1.12 Succession

• 1.12.1 Policy
• 1.12.2 Procedure
  • 1.12.2.1 When to Apply for Succession
  • 1.12.2.2 Who Can Apply for Succession
  • 1.12.2.3 Can I Apply if the Tenant is Going to Prison?
  • 1.12.2.4 Can I Apply if the Tenant is Moving to a Nursing Home or Other Form of Institutionalised Care?
  • 1.12.2.5 Succession to a Spouse
  • 1.12.2.6 Succession to a De Facto Partner
  • 1.12.2.7 Succession to Household Members Other Than the Spouse or De facto Partner
  • 1.12.2.8 Succession to the Legal Guardian or Custodian of Minors
  • 1.12.2.9 Vacating Without Notice/Abandonment
  • 1.12.2.10 Applicants for Succession Recently Released from Prison
  • 1.12.2.11 Aboriginal Clients
  • 1.12.2.12 Succession to Unauthorised Additional Occupants
  • 1.12.2.13 Succession to Appointed Agents
  • 1.12.2.14 Unsuccessful Applications for Succession of Tenancy
  • 1.12.2.15 Consumer, Trader and Tenancy Tribunal
  • 1.12.2.16 Appealing Decisions

1.12.1 Policy

Succession of tenancy occurs when we agree to transfer a tenant's right to live in a Bridge Housing property to another household member. In most cases the other household member must have been living with the tenant when the tenant leaves.

The tenant is the person who is named on the Residential Tenancy Agreement, and in whose name the tenancy is held.

Succession of tenancy ensures that Bridge Housing will transfer the tenancy in your name if you are a household member with a history of satisfactory occupation, and you demonstrate an ongoing need for assistance.

These circumstances are when the tenant dies or is unable to remain in the property for reasons beyond their control, such as hospitalisation, moving to a nursing home or rehabilitation facility, or if they are sentenced to prison. These are the only times we will consider succession.

Each application for succession is considered on merit.

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1.12.2 Procedure

If you meet the criteria and are approved for succession, then you will be offered a tenancy with Bridge Housing. However, the dwelling where you have been living may not be suitable. For example, it may be too large for your household complement, or it may be modified and required for a client with specific needs. In these circumstances, you will be offered another suitable dwelling and, if available, in a similar location. We will ask you to agree to this in writing before granting final approval for succession

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1.12.2.1 When to Apply for Succession

You should allow Bridge Housing sufficient time to consider your application. If the tenant is aware they will be leaving you should apply for succession as soon as possible and preferably at least four weeks before the tenant leaves. We will not consider applications that are lodged more than ten weeks after the tenant has died or left.

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1.12.2.2 Who Can Apply for Succession

The eligibility criteria for applicants for succession will differ depending on their relationship with the tenant. However, the following criteria must be met, regardless of the type of relationship.

You must be an approved additional occupant of the household. This applies if you were part of the household at the commencement of the tenancy, then vacated and later returned, or if you joined the tenancy after it commenced and have lived there as an additional household member.

If the household is receiving a rental subsidy when you apply for succession, we will check that you are included on existing and previous applications for rental subsidies. If you have not been a declared household member, or included on applications for rental subsidies, then we will consider you to be an unauthorised additional occupant and your application for succession will be declined.

If you are applying for succession you must have had a satisfactory history of occupation within the tenancy for a period of:

• Two years prior to your request for succession, or
• The whole of the tenancy if it is less than two years old.

If you have not had a satisfactory history of occupation, succession may only be approved where Bridge Housing is satisfied that you will be able to sustain a tenancy.

You will have a satisfactory occupation if:

• You have not caused nuisance and annoyance
• You have not caused damage to the property or neighbouring properties.

Your application for succession will not be approved if:

• Whilst an occupant of any Bridge Housing, Community Housing, Housing NSW or Aboriginal Housing Office property, you have committed acts of violence, for example, physical attacks or serious verbal threats directed at neighbours or Bridge Housing, Community housing, Housing NSW or Aboriginal Housing Office staff
• Whilst an occupant of any Bridge Housing, Community Housing, Housing NSW or Aboriginal Housing Office property, you have been involved in illegal activities in that property
• You have been convicted of arson or deliberate damage to any Bridge Housing, Community Housing, Housing NSW or Aboriginal Housing Office property
• You are an unsatisfactory or ineligible former tenant.

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1.12.2.3 Can I Apply if the Tenant is Going to Prison?

If you are a member of a household where the tenant has been sentenced or imprisoned for more than three months, then you can apply to succeed the tenancy. Tenants who have been sentenced or imprisoned for longer than three months must relinquish their tenancy if there are no other household members (this does not apply to clients who are serving their sentence through home detention).

If the tenancy is not relinquished and no one applies for succession, then after three months we will commence action to terminate the tenancy.

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1.12.2.4 Can I Apply if the Tenant is Moving to a Nursing Home or Other Form of Institutionalised Care?

If the tenant moves to institutionalised care (such as a nursing home) for more than six months, then another household member can apply for succession. Otherwise the tenant must relinquish the tenancy.

If neither action is pursued, we will take action to obtain vacant possession of the premises. See the policy on Absence from Dwelling.

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1.12.2.5 Succession to a Spouse

If you are the tenant’s spouse (ie. Married) you will be granted succession if:

• You are a citizen of Australia or permanent resident, and
• You demonstrate you are married to the tenant, and
• You are an approved member of the household, and
• You are currently residing in the dwelling, and
• You are declared on the rental subsidy, if the household is in receipt of a subsidy.

You are entitled to succession even if you have temporarily moved away for reasons related to the illness of the tenant, care of an ill person or your own ill-health. You must provide evidence that your temporary absence was due to these reasons. You are not required to meet the public housing income eligibility limits or asset eligibility criteria for public housing.

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1.12.2.6 Succession to a De Facto Partner

If we accept that you are the de facto partner of the tenant, you will have the same right to succession as a spouse – see Succession to a Spouse.

Where an applicant for succession claims to be the de facto partner of the tenant, we must verify that the relationship is de facto. We base our verification on the NSW Property (Relationships) Act 19134. This Act gives important rights to de facto partners when settling private property and other assets.

The Act defines a de facto relationship as a relationship between two adult persons, of the same or opposite sex, who:

• Live together as a couple; and
• Are not married to one another or related by family.

The Act gives additional property rights to adults who have been in a de facto relationship for two or more years.

To verify your relationship we consider such information as Centrelink income statements, our record of when you joined the tenancy and the local housing management team’s knowledge of the history of your tenancy.

When it is difficult to determine the nature of your relationship, an appropriate officer may ask to interview you. If you have provided the information we have asked for and there has been a reasonable amount of inquiry, yet staff are still in doubt as to the de facto status of the relationship, the benefit of the decision will go to the client.

If we do not accept that a de facto relationship exists, then you may apply for succession on the basis of being a household member other than the spouse or de facto partner.

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1.12.2.7 Succession to Household Members Other Than the Spouse or De facto Partner

If you are a household member other than the spouse or de facto partner you are eligible for succession if:

• You meet the eligibility criteria for public housing, and
• You are currently residing in the dwelling as an approved member of the household, and
• You have been a member of the household for a continuous period for at least the previous two years, or three quarters of the tenancy if the tenancy is less than two years old at the time of the tenant’s departure, and
• You appear on the rental subsidy if the tenant is in receipt of a rental subsidy, and
• You are not an unsatisfactory or ineligible former tenant.

While two years is the standard minimum length of time that you must have belonged to the household there may be occasions when we will accept a shorter period of time.

If you are a minor aged 16 or 17 years, you may be granted succession if you demonstrate that you are able to care for yourself and can meet the terms of the Tenancy Agreement.

If you are a carer, succession will not be granted if you have maintained your own accommodation, separate to that of the tenant's dwelling, regardless of whether it is in the public or private rental market.

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1.12.2.8 Succession to the Legal Guardian or Custodian of Minors

We will grant succession if you agree in writing to live in the dwelling and continue to provide care for the children.

If you do not meet the eligibility criteria for public housing we may grant succession if:

• You have been formally granted custody/guardianship of the children; and
• It is in the best interests of the children; and
• You can demonstrate that no alternative accommodation is available that is suitable for the care of the children.

In such circumstances it may be necessary for us to liaise with the New South Wales Department of Community Services to ensure that this is the best option for the children involved.

If you have applied for custody of children, we may grant you succession on condition that you agree in writing that, if your custody application is not successful, you will relinquish the tenancy.

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1.12.2.9 Vacating Without Notice/Abandonment

If a tenant vacates without notice, then any remaining household members will be assessed according to the family breakdown guidelines of the Transfer Policy. See Transfer Policy.

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1.12.2.10 Applicants for Succession Recently Released from Prison

If you were recently released from prison or institutionalised care, and you once lived in the tenancy, you must meet the eligibility criteria for succession indicated previously in this policy. Your application will be assessed on its merits, (you will not be declined on the basis that you were not living with the tenant while in prison or institutionalised care).

Factors we will consider are the:

• Likelihood of you residing in the household if you were not in prison or institutionalised care, your tenancy history and
• Your ability to otherwise meet your housing need.

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1.12.2.11 Aboriginal Clients

We may grant succession to you if you are an Aboriginal client who was not a member of the tenant's household at the end of their tenancy. We will consider this if you are the tenant's child or the tenant was active in your upbringing, you have grown up in the dwelling and you have a long-term association with the dwelling and the area. If you are applying for succession on this basis, you must still meet all other eligibility requirements for public housing.

Where we propose to decline your application for succession to a Bridge Housing tenancy, we may ask the Aboriginal Housing Office to comment on this proposal. This is consistent with our aim to make culturally appropriate decisions concerning Aboriginal people.

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1.12.2.12 Succession to Unauthorised Additional Occupants

Succession will not be granted to you if you:

• Are an unauthorised additional occupant; or
• Are not listed on the rental subsidy and the tenant is in receipt of a rental subsidy.

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1.12.2.13 Succession to Appointed Agents

Tenants who intend to be absent from their home must appoint an agent to care for the property while they are away. See the policy on Absence from Dwelling.

Succession will not be granted to appointed agents unless they are have been approved by Bridge Housing as an additional occupant under the Additional or Unauthorised Occupant Policy or are already another household member, or they are the tenant's spouse or de facto partner.

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1.12.2.14 Unsuccessful Applications for Succession of Tenancy

If you are not eligible for succession to the tenancy you can apply for Bridge Housing as an applicant. See Allocations Policy

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1.12.2.15 Consumer, Trader and Tenancy Tribunal

If the tenant has left the property and we decide to regain possession of the dwelling because succession is declined and the remaining household members have not vacated, we will obtain an order for possession from the Consumer, Trader and Tenancy Tribunal (CTTT). Any application we make to the CTTT will clearly state our reasons for seeking to terminate the tenancy and obtain vacant possession.

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1.12.2.16 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 to be granted succession
• Housing entitlement if granted succession

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