1.8 Additional or unauthorised occupants

• 1.8.1 Policy
• 1.8.2 Procedure
  • 1.8.2.1 Applying for Additional Occupancy
  • 1.8.2.2 Unauthorised Occupants
  • 1.8.2.3 Visitor Sanction
  • 1.8.2.4 Evidence for Applying a Visitor Sanction
  • 1.8.2.5 Squatters
  • 1.8.2.6 Appealing Decisions

1.8.1 Policy

An additional occupant is a person living in a Bridge Housing dwelling who is not a member of the household approved by Bridge Housing at the beginning of the tenancy.

A visitor is a person temporarily hosted by the tenant or tenant's household for a period of up to 4 weeks (28 days). If a tenant wants their visitor to stay for longer than 28 days, the tenant must apply for the visitor to be approved as an additional occupant.

In most cases Bridge Housing will approve applications for additional occupants if it does not cause severe overcrowding, and:

• The additional occupant does not have a poor record of tenancy with Bridge Housing , and
• Bridge Housing is reasonably satisfied that nuisance will not occur by allowing the person as an additional occupant.

Tenants are responsible for ensuring that:

• Members of their household and visitors to their property meet the Standards of Behaviour required by Bridge Housing under the Residential Tenancy Agreement,
• They get approval from Bridge Housing before new people join the household or visitors stay more than 4 weeks (28 days),
• If they receive a rent subsidy, the income of all people living in the household (including visitors who are staying more than 28 days) is declared to Bridge Housing.

If we approve the application, the new person will be an approved member of the tenant's household. We will re-calculate the rent based on the new household income.

An unauthorised occupant is a person living in a Bridge Housing dwelling who has overstayed the period allowed for visitors and has not been approved to join the household. If tenants have unauthorised occupants living with them, their rental subsidy may be cancelled and the rent increased to market rent. This may be considered Rental Subsidy Fraud. Unauthorised additional occupants are not eligible for Succession of Tenancy. See the Succession Policy.

Bridge Housing will apply a visitor sanction to tenants who do not meet these responsibilities. The visitor sanction can be applied to an individual tenancy or a group of tenancies in an area. If a visitor sanction has been applied to a tenant, the tenant must seek approval from Bridge Housing for any visitor that stays with them for more than 3 days. See Visitor Sanction below.

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1.8.2 Procedure

1.8.2.1 Applying for Additional Occupancy

Both the tenant and the person applying to be an additional occupant (the applicant) need to understand that:

• The rent will probably change. In most cases the income of the tenant's household will change either because the occupant has an income or the addition of another person changes the tenant's income. Because of these changes Bridge Housing will reassess their eligibility for a rent subsidy
• If overcrowding occurs, they (tenants) must accept this situation. Housing additional occupants is not usually sufficient reason to be relocated to a larger dwelling. (Bridge Housing will not approve an application for an additional occupant if it will result in severe overcrowding)
• If the tenant's account is in arrears, we may defer the application for an additional occupant until the account is up to date
• If the additional occupant owes any money to Bridge Housing from a previous tenancy they must make arrangements to pay this debt before the application will be approved. The additional occupant's debt will be kept separate from the tenant's account.

If the additional occupant currently has a tenancy with Bridge Housing, then this tenancy must be finalised before the application can continue. If there has been any evidence of unsatisfactory tenancy it must have been resolved before the application can be approved. Unsatisfactory former tenants are not usually eligible to be housed as additional occupants.

If the additional occupant wants housing in their own right, they need to apply for it separately. Additional occupants may apply for Succession of Tenancy if the tenant leaves the home for reasons other than a breakdown in the household relationship, however they must meet Succession of Tenancy eligibility criteria. See the Succession Policy.

Occasionally, when an applicant for Bridge Housing is approved as an additional occupant they will no longer need Bridge Housing residency in their own right. If this is the case their name can be removed from the waiting list. If an application for additional occupancy is declined and the applicant is already living with the tenant, we will tell the tenant to ask the additional occupant to leave.

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1.8.2.2 Unauthorised Occupants

Tenants are provided with a rental subsidy calculated on the basis of their household income. Tenants are obliged to tell Bridge Housing of any changes in their household make up. If a tenant has additional occupants living in a dwelling without the permission of Bridge Housing, they are breaching the conditions of their subsidised rent.

If we receive information that there is an unauthorised occupant in a dwelling, we will interview the tenant. We will check that the occupants living in the home are the same as those nominated on the tenant's rental subsidy application.

If we find unauthorised occupants we will ask the tenant to submit an application for an additional occupant. If they do not, we will inform the tenant in writing that their subsidy will be cancelled. The tenant will pay full market rent from the date the subsidy is cancelled.

Bridge Housing cannot intervene if a tenant wants another occupant of the dwelling removed. This is a matter for the police.

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1.8.2.3 Visitor Sanction

Bridge Housing can apply a visitor sanction to an individual tenancy if there is evidence that:

• Previous visitors to the tenancy have not met the standard of behaviour required by Bridge Housing under the Residential Tenancy Agreement, or
• The tenant or members of their household are not meeting the standard of behaviour required under the Residential Tenancy Agreement, or
• New people have joined the household (including visitors who are staying more than 28 days) and the tenant has not asked for approval from Bridge Housing, or
• In the case of tenants who receive a rent subsidy, the income of all people living in the household (including visitors who are staying more than 28 days) is not being declared to Bridge Housing.

Bridge Housing can apply a visitor sanction to a group of tenancies within a complex, precinct or area if there is:

• A strategy within Bridge Housing directed to combating anti-social behaviour in that complex, precinct or area based on:
  • Evidence of serious or repeated instances of criminal behaviour or anti-social behaviour that pose a risk to neighbours, Bridge Housing staff, others in the community or Bridge Housing property and cannot be addressed by applying a visitor sanction to one or more individual tenancies in the complex, precinct or area, or
  • Evidence of serious or repeated instances of behaviour that are unacceptable in a Bridge Housing managed tenancy and cannot be addressed by applying a visitor sanction to one or more individual tenancies in the complex, precinct or area.

If a visitor sanction is applied to a tenancy or group of tenancies, Bridge Housing will tell the tenant in writing:

• That the sanction has been applied
• The reasons why the sanction has been applied when the sanction will be reviewed, and
• That while the sanction applies, they must seek approval from Bridge Housing before allowing any visitor to the property to stay more than 3 consecutive days.

Bridge Housing will not approve a request for a visitor to stay more than 3 consecutive days if it considers that the visitor will pose a threat to the sustainability of the tenancy or the peace and comfort of the neighbourhood. Bridge Housing will advise the tenant in writing of its decision to give or deny permission for the visitor to continue their stay.

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1.8.2.4 Evidence for Applying a Visitor Sanction

When deciding whether or not to apply a visitor sanction, Bridge Housing will consider the merits of all information relevant to the management of the tenancy(tenancies) that it has access to including:

• Orders made by the Consumer, Trader and Tenancy Tribunal;
• Police Reports;
• Witness incident reports;
• Apprehended Violence Orders;
• Local Government Orders;
• Records collected or created by the Housing New South Wales such as file notes, rent subsidy records, letters or reports provided by other people or organisations, forms and photographs.

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1.8.2.5 Squatters

A squatter lives in a vacant dwelling where no lease exists.

There is no relationship of landlord and tenant between Bridge Housing and a squatter, so the Residential Tribunal has no jurisdiction in matters involving squatters. The police and the courts handle squatters.

We will contact the local police to remove squatters from dwellings and then secure the property to prevent further entry. If the police do not remove the squatters we may commence action in the Supreme Court.

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1.8.2.6 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:

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