South Australian Housing Trust
- Our Board
- Housing design guidelines
- Rent Reports
South Australian Housing Trust policies
- About the policies
- Appeals policy
- Housing in Aboriginal Communities
- Maintenance and repairs
- Managing SAHT assets
- Managing sensitive information and situations
- Managing tenancies
- Private rental programs
- Registering for public and community housing
- Rent, debt and charges
- Specific purpose housing programs and services
- A-Z policies
- Homelessness Providers
- Freedom of Information
- Feedback and Complaints
Tenancy succession policy
- Transferring a tenancy to a partner
- Transferring a tenancy to a family member
- Intervention orders
- Lease agreements
- Property isn't appropriate for the household
This policy sets out when a public or Aboriginal housing tenancy can be transferred from the tenant to another person in the tenant’s household. This is known as a tenancy succession.
The tenant’s the person who signed the lease agreement, also known as the Conditions of Tenancy, with Housing SA.
Transferring a tenancy to a partner
Housing SA approves transferring the tenancy to the tenant’s partner if all of the below conditions are met:
- the tenant dies or leaves the property
- the person was the tenant’s partner when the tenant died or left
- the partner’s verified as living in the property when the tenant died or left
- no one in the household owns or partly owns any residential property.
If it’s an Aboriginal housing property, the partner must also either verify they’re of Aboriginal and/ or Torres Strait Islander descent, or meet all of the additional conditions below:
- they have custodial care of at least one of the tenant’s children
- the tenant’s child will live in the house as a permanent household member from the time the tenancy’s transferred to the partner
- the tenancy will be transferred to the tenant’s child when they receive an independent income.
If the partner has to leave an Aboriginal housing property because they’re not eligible to have the tenancy transferred to them, they’re approved Category 1 to transfer to a public housing property in line with the Transfer policy. The property isn’t transferred from Aboriginal housing to public housing.
Transferring a tenancy to a family member
Housing SA approves transferring the tenancy to a family member - eg tenant’s child, if all of the below conditions are met:
- the tenant dies or leaves the property
- the family member’s verified as living in the property for at least 12 months immediately before applying for the tenancy to be transferred to them
- the family member’s eligible for public housing in line with the Eligibility for public housing policy
- the tenancy hasn't previously been transferred to either a family member or partner.
Housing SA may approve transferring the tenancy to a family member who hasn’t been verified as living in the property for at least 12 months if they’re eligible for Category 1 or 2 in line with the Eligibility for public housing policy.
If it’s an Aboriginal housing property, the family member must also verify they’re of Aboriginal and/ or Torres Strait Islander descent.
Housing SA will transfer a tenancy to a protected person under an intervention order if all of the below conditions are met:
- the court confirms or issues a final intervention order
- the defendant’s the tenant
- the intervention order prohibits the defendant from being at the property where the protected person lives
- the protected person’s eligible for the tenancy to be transferred to them in line with this policy.
If a court grants an order to transfer the defendant’s interest in the lease agreement to a specified person, Housing SA consents to it if the specified person’s eligible to have the tenancy transferred to them in line with this policy.
Housing SA holds any deposit the defendant paid to Housing SA as the deposit for the specified person now responsible for the tenancy.
When a tenancy is transferred to another person it’s a new tenancy.
Housing SA ends the original tenant’s tenancy in line with the Ending a public housing policy, and starts the new tenancy in line with the Public and Aboriginal housing registration and allocation policy.
If the tenancy’s being transferred to a partner, they’re offered the same type of lease agreement the original tenant had - eg if the original tenant had an ongoing lease agreement, their partner’s offered an ongoing lease agreement.
If the tenancy’s transferred to a family member, they’re offered a probationary lease agreement in line with the Probationary and fixed term lease agreements policy.
If the tenancy’s transferred as a result of a tenancy order, the specified person’s offered a lease agreement in line with the conditions of the tenancy order.
Property isn’t appropriate for the household
If the property isn’t appropriate for the household in line with the Occupancy standards in public housing - eg a single person in a three bedroom house, Housing SA asks the new tenant to transfer to a more appropriate property in line with the Transfer policy.
- Conditions of Tenancy
- Tenancy succession guidelines v1
Related policies and other documents
- Eligibility for public housing policy
- Transfer policy
- Ending a public housing policy
- Public and Aboriginal housing registration and allocation policy
- Probationary and fixed term lease agreements policy
- Occupancy standards in public housing
Date this policy applies from
15 June 2018
The online version of the policy is the approved and current version. There is no guarantee that any printed copies are current.