This policy relates to Part 5 of the NSW Residential Tenancies Act 2010.
The purpose of this policy is to outline the processes for ending a tenancy.
‘Fair wear and tear’ means deterioration over time as a result of reasonable use and the action of natural elements, even though the property receives reasonable care and maintenance.
This policy applies to all SCH managed rental properties.
Tenancies may end for different reasons, including:
An Order for Possession has been obtained from the NSW Civil and Administrative Tribunal for breach of the tenancy agreement,
The tenant receives a final Apprehended Violence Order prohibiting them from access to the property,
The tenant transfers to another social housing property,
The tenant transitions to the private rental market or purchases a property,
The tenant abandons the property, or
The tenant has passed away.
If a tenant requires an alternative property for other reasons, the SCH Tenant Transfers policy may apply.
An SCH tenant can terminate their tenancy at any time, by giving written notice of their intention to vacate, specifying the date they want the tenancy to end and giving 21 days notice for a periodic lease. In the case of a fixed term lease a tenant may be liable for rent until the property is re tenanted.
If a tenant or their dependent child is a victim of domestic violence, they may end the tenancy giving a shorter period of notice, or immediately, by submitting a Domestic Violence Termination Notice to SCH.
If a tenancy is terminated, either by the tenant or by SCH, the tenant must remove all their belongings and any rubbish from the property and leave the property in a clean and tidy condition that is as near as possible to the condition it was in at the beginning of the tenancy, apart from ‘Fair Wear and Tear’. The tenant must pay the costs to repair any damage beyond ‘Fair Wear and Tear’.
Tenants are responsible for locking the property and returning all the keys and any other security device such as remote controls or Fobs given to them at the start of or during the tenancy to SCH. Rent will continue to be charged until the keys are returned. If keys are lost or misplaced locks may need to be rekeyed at the tenants cost.
If a tenant ends their tenancy and there are one or more other household occupants, a remaining occupant may apply under the SCH Recognition as a Tenant policy if they wish to remain in SCH housing.
In general, Housing Officers are responsible for managing the end of tenancies.
Documents Related to this Policy
- Tenant Transfers Policy
- Classification of Ex-Tenants Policy
- Recognition as a Tenant Policy
- Tenant Damage Policy
Other Related Documents
- Delegation of Authority