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Department for Communities and Social Inclusion

South Australian Housing Trust

Tenancy succession policy

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.

Intervention orders

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.

Tenancy orders

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.

Lease agreements

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.

Related information

Controlling documents

  • Conditions of Tenancy

Supporting guidelines

  • Tenancy succession guidelines v1

Related policies and other documents

Date this policy applies from

15 June 2018

Version number

1

The online version of the policy is the approved and current version. There is no guarantee that any printed copies are current.

State Government of South Australia © Copyright DHS .


Provided by:
SA Department for Human Services
URL:
https://dhs.sa.gov.au/services/sa-housing-authority/housing-policies/managing-tenancies/tenancy-succession-policy
Last Updated:
05 Jul 2018
Printed on:
16 Oct 2018
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