1.7 Absence from dwelling

• 1.7.1 Policy
• 1.7.2 Procedure
  • 1.7.2.1 Acceptable Absences
  • 1.7.2.2 Maintaining Tenancy Obligations While the Tenant is Away
  • 1.7.2.3 Rent
  • 1.7.2.4 Water Usage Charges
  • 1.7.2.5 Appointing an Agent
  • 1.7.2.6 Extended Absences - Longer Than Six Months
  • 1.7.2.7 Unapproved Absences
  • 1.7.2.8 Appealing Decisions

1.7.1 Policy

Housing provided by Bridge Housing is a limited resource and a valuable asset for those in need. We maximise the benefit gained from this resource by making sure our properties are used as homes and not left vacant for long periods.

The Tenancy Agreement states that tenants must live in and care for their home. If a tenant will be away from their home for more than two months, they must advise Bridge Housing in writing. The absence must be approved by Bridge Housing even if other members of the household remain in the home while the tenant is away. The tenant is the person responsible for meeting the tenancy obligations, not other people who live with the tenant.

Tenants may apply to be away from their home and return to it later. Absences of up to six months can be approved, provided there is a valid reason for going away and arrangements are made for payment of rent and water, and care of the property.

Bridge Housing will approve this if it is satisfied that:

• The rent will be paid
• The water usage charges will be paid
• The property will be looked after, and
• There is a good reason for going away.
• There is a return date provided to Bridge Housing
• Emergency contact details of someone in Sydney are provided (especially important in leasehold property in case of Termination Notice's, inspections or any other requests received from landlords).

Bridge Housing recognises that there are a number of circumstances that may require a tenant to be away from their home including:

• Caring for sick/frail family members
• Hospitalisation, institutional care, nursing home care or rehabilitation
• Escaping domestic violence, harassment or threats of violence
• Assisting with immigration matters in the country of origin
• Holidays, and
• Employment, education or training.

If a tenant is away from the property for over 2 months without approval, Bridge Housing may take steps to terminate the tenancy. For tenants on a fixed term lease we may decide not to offer a further tenancy, when the fixed term lease expires. We do this to make the dwelling available to other people in need of housing.

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1.7.2 Procedure

If a tenant will be away from their home for more than two months (eight weeks), they must advise Bridge Housing in writing. The absence must be approved by Bridge Housing even if other members of the household remain in the home while the tenant is away.

We will approve the absence if we are satisfied that:

• Arrangements have been made to pay the rent and water usage charges (if applicable) while the tenant is away. Both the rent and water usage charges may be pre-paid or could be paid through the rent deductions scheme or by direct debit
• The property will be adequately cared for while the tenant is away. The tenant will be responsible for any costs to repair vandalism while they are away
• There is a valid reason for going away. Tenants will need to provide evidence to support their application
• The tenant can pay rent even if they are not receiving an income while they are away. Our general policy on this is to charge rent based on Newstart Allowance as a minimum
• The tenant must provide an Emergency contact number/person
• The tenant must also tell Bridge Housing where they are going and when they expect to return.

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1.7.2.1 Acceptable Absences

Acceptable reasons for absences up to six months include:

• Caring for sick/frail family members
• Hospitalisation, institutional care, nursing home care or rehabilitation
• Escaping domestic violence, harassment or threats of violence
• Assisting with immigration matters in the country of origin
• Holidays, and
• Employment, education or training.

Repeat absences relating to holidays, assisting with immigration matters in country of origin or employment/training cannot be approved. Absences of no more than 12 months in total over a five year period can be approved.

If a tenant is going to prison, they can apply to retain the tenancy for up to three months. We will consider each case on its merits. If we agree to maintain the tenancy, the tenants rent will be reduced to $5.00 per week up to a maximum period of three months. If the tenant has re-offended after release from the initial period in prison and is incarcerated again, Bridge Housing will seek to terminate the tenancy.

If the reason for imprisonment is related to a breach of the Tenancy Agreement we will commence action to terminate the tenancy.

If the tenant has not been released from prison at the end of the three months consideration will be given to transferring the tenancy to another household member living in the property or the tenancy terminated. The household members must meet Bridge Housing eligibility criteria, there are no breaches of tenancy and the tenancy does not create under-occupancy.

Where the tenant is away on an approved absence from the dwelling, and no other persons are living in the dwelling, there is no water usage so no water usage charge applies.

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1.7.2.2 Maintaining Tenancy Obligations While the Tenant is Away

An absence is approved where the tenant has a valid reason for going away and when arrangements have been made for the payment of rent, water and care of the property.

The tenant is responsible for meeting their obligations under the Tenancy Agreement. This includes responsibility for the behaviour of all other household members and visitors. Any breaches of the Agreement while the tenant is away may result in Bridge Housing taking Tribunal action if breaches have occurred. Breaches of the Tenancy Agreement may result in termination of the tenancy or affect Bridge Housing’s decision to offer a further tenancy, if the tenant is on a fixed term Tenancy Agreement, on the expiry of the fixed term lease.

Examples of breaches of the Agreement that will result in Tribunal action include:

• Not living in the property (that is, being absent for extended periods without approval)
• Sub-letting the property
• Not paying rent in full and on time
• Not paying the water usage charge in full and on time
• Permitting a member of the household, your agent, or a pet to cause a nuisance or interfere with the reasonable peace, comfort or privacy of neighbours
• Permitting a member of the household or your agent to cause damage to the property
• Not keeping the premises reasonably clean
• Not informing Bridge Housing of any changes in household income, assets or the number of people living in the property
• Using the property for illegal purposes.

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1.7.2.3 Rent

In some cases the minimum rent policy can apply. It may apply when the tenant is:

• In a nursing home, or
• In a rehabilitation centre, or
• In respite care, or
• Is in prison for a period of up to three months, or
• In a refuge as a result of leaving a domestic violence situation.

Nursing Home
Tenants or household members who go to a nursing home, rehabilitation centre or respite care are only entitled to the $5 minimum rent if they are required to pay a fee for their accommodation while they are absent. If the absence is more than six months Bridge Housing will seek to terminate the lease. The tenant must provide evidence that the accommodation fee is being paid. Where there are other household members 18 years and over remaining in the dwelling, their income will be included in the calculation of the rent subsidy. See Extended Absences - longer than six months.

Domestic Violence
If a tenant has left their home due to domestic violence and are staying in a safe place other than a refuge, the minimum rent policy may still apply if they are able to demonstrate that they have been charged a fee to remain in alternative accommodation. If the absence is more than six months Bridge Housing will seek to terminate the lease. See Extended absences - longer than six months.

Prison
Tenants or household members who go into prison for a period of up to three months will have their rent reduced to $5 minimum rent. This will only be a one off reduction and rent will not be reduced where the tenant has re-offended and has entered prison for a second three month period. Rent will be maintained at the assessed level and Bridge Housing may seek to terminate the lease. See Extended absences - longer than six months.

In cases where the tenant is absent for other reasons (for example holidays, assisting with immigration matters in country of origin etc) rent will be maintained at the existing level and the minimum rent policy does not apply. The rent may be pre-paid or can be paid through the rent deduction scheme or by direct debit.

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1.7.2.4 Water Usage Charges

An absence from the property will be reflected in a lower water bill, through lower usage Therefore, there is no specific 'exemption' during absences for actual charge tenants The water usage charge can be pre-paid or can be paid through the rent deduction scheme or by direct debit.

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1.7.2.5 Appointing an Agent

The tenant must appoint an agent to act on their behalf while they are away. The agent must be over 18 and could be another household member, a family member, friend or solicitor.

The agent will be required to inspect the property regularly and maintain it to the standard stated in the Tenancy Agreement.

If the agent is not currently a member of the household and wants to live in the dwelling while the tenant is away, they must apply to become an additional occupant. See Additional/Unauthorised Occupants Policy. If approved, the agent will have to pay rent. Bridge Housing will assess the income of the Agent and their rent will be added to the rent of the original household complement plus the income of the additional occupant.

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1.7.2.6 Extended Absences - Longer Than Six Months

The tenant may apply for approval to extend the absence beyond six months where there are unusual circumstances for example medical conditions which require regular treatment at a location/hospital which cannot be accessed from the tenant's home.

If the tenant is in a nursing home, requests for absence beyond the initial six months cannot be approved and the tenancy should either be relinquished or the possibility of succession reviewed. If the tenancy is relinquished and the tenant subsequently requires housing following departure from the nursing home they can be rehoused as soon as a suitable property becomes available subject to the Allocation Policy.

If a tenant does not return to their home after an approved absence the tenancy should either be:

• Transferred to another household member. The household members must meet Bridge Housing eligibility criteria, there are no breaches of tenancy and the tenancy does not create under-occupancy or
• Terminated.

For more information see the Succession Policy.

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1.7.2.7 Unapproved Absences

If a tenant has stayed away from their home for more than eight weeks without advising Bridge Housing, or has stayed away longer than the time Bridge Housing has approved, we will make reasonable efforts to contact the tenant to clarify the situation. We may:

• Charge market rent on the property from the time we discover the tenant has left, or from the date the approval expired, and
• Take action to end the tenancy. We may take this action even if the rent and water usage charges are paid up and the property has been looked after
• In some instances tenants may have left their homes without making appropriate arrangements and Bridge Housing has terminated their tenancy. In cases where the tenant has left as a result of domestic violence or for example to go to a nursing home, Bridge Housing will seek to rehouse the former tenant if the former tenant requests housing assistance within six months of the termination of their tenancy and reasons for leaving can be substantiated. See the Transfer Policy.

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1.7.2.8 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:

• Permission to be Absent
• Rent Calculations

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