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Department for Communities and Social Inclusion

South Australian Housing Trust

Same address transfer policy

The purpose of this policy

This policy sets out when a public or Aboriginal housing tenancy can be transferred to a tenant’s partner or other family member, who can apply, and when Housing SA will approve it.

The tenant is the person who signed the lease agreement, also known as the Conditions of Tenancy.

Same address transfer to a partner

Housing SA can approve a same address transfer to a tenant’s partner if all of the following apply:

  • the tenant dies or leaves the property
  • the partner can verify they were living in the property as the tenant’s partner when the tenant died or left
  • that they or no one in their household owns or partly owns any residential property.

If it’s an Aboriginal housing property, the partner must also provide verification that they are of Aboriginal and/ or Torres Strait Islander descent.

If they can’t provide verification that they are of Aboriginal and/ or Torres Strait Islander descent they may still be eligible if they meet all the below conditions:

  • 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 is transferred to the partner
  • the tenancy will be transferred to the tenant’s Aboriginal and/ or Torres Strait Islander child when they start to receive an independent income.

If the tenant’s household has to leave an Aboriginal housing property because they don’t meet these conditions, they will be approved for a Category 1 transfer to public housing. The property won’t be transferred from one housing program to the other.

Same address transfer to a family member

Housing SA may approve a same address transfer to a son, daughter or other family member if all of the following apply:

  • the tenant dies, or becomes frail and incapacitated and can’t live without daily support
  • the family member has been living in the property with them for at least 12 months immediately before applying for the same address transfer
  • the family member is eligible for public housing in line with the Eligibility for public housing policy
  • the tenancy hasn't previously been transferred to a family member.

If it’s an Aboriginal housing tenancy, the family member must also provide verification that they are of Aboriginal and/ or Torres Strait Islander descent.

Intervention orders

Housing SA will consider a same address transfer to a protected person under an intervention order if all of the following apply:

  • the court confirms or issues a final intervention order
  • the intervention order prohibits the defendant from being at the property where the protected person lives
  • the defendant is the tenant
  • the protected person is eligible for a same address transfer.

Tenancy orders

A tenancy order is a court order giving a defendant’s interest in a lease agreement to a specified person with the landlord's consent.

Housing SA will consent to the tenancy order if the protected person is eligible for a same address transfer.

Any deposit paid by the defendant isn’t paid out to the defendant. It stays held as deposit for the new person responsible for the tenancy.

Lease agreements

Any transfer of the tenancy to a partner or family member becomes a new tenancy. Housing SA will:

  • vacate the original tenant from the property in line with the Managing vacancies, abandoned premises and goods policy
  • start a new tenancy with the new tenant in line with the Public and Aboriginal housing registration and allocation policy.

If the tenancy is being transferred to a partner, they will begin on the same type of lease agreement the original tenant was on - eg if the tenant had an ongoing lease agreement, their partner will be offered an ongoing lease agreement.

If the tenancy is being transferred to family member, the new tenancy will begin on a 12 month probationary lease agreement.

If the tenancy is being transferred as a result of a tenancy order, the new tenancy will be offered in line with the conditions of the order - eg same conditions as original lease.

Under occupancy

If the property isn’t appropriate for the number of people in the new tenant’s household - eg a single person in a three bedroom house, the new tenant may be asked to transfer to a more appropriate property in line with the Transfer policy.

Related information

Controlling documents

  • Conditions of Tenancy.

Supporting guidelines

  • Same address transfer guidelines v 2

Related policies and other documents

Date this policy applies from

14 December 2016

Version number

2.1

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


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State Government of South Australia © Copyright DCSI .

Provided by:
Department for Communities and Social Inclusion
URL:
http://dcsi.sa.gov.au/services/housing-sa/housing-trust-policies/managing-tenancies/same-address-transfer-policy
Last Updated:
28 Oct 2016
Printed on:
22 Jan 2018
The DCSI website is licensed under a Creative Commons Attribution 3.0 Australia Licence. © Copyright 2016