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Relocations for the Public Housing Renewal Program

operational guidelines Effective date October 2018

Revision history

Version Amended section Effective Details

1.1 When the department is not aware of residents or dependants residing in the property

17 October 2017 Details about an amnesty period when tenants add undeclared residents.

1.2 Introduction

Offers of housing and signing the new residential tenancy agreement

Move back stage

12 October 2018A Deed Poll is to be attached as an addendum to the Residential tenancy agreement signed at move out stage.

Information about the Director of Housing’s Deed Poll and the Minister for Housing’s Pledge.

More information

To find out about housing options visit the Housing website <http://www.housing.vic.gov.au> or contact your local Housing Office <http://www.housing.vic.gov.au/contact-a-housing-office>.

To receive this publication in an accessible format contact Housing Practice and Complex Support <[email protected]>.

Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne.

© State of Victoria, Department of Health and Human Services, October 2018.

ISBN: 978-0-7311-7274-0 (pdf/online/MS word)

Available on the Tenancy Management page on our Service Providers website Housing website < http://providers.dhhs.vic.gov.au/tenancy-management-manual>.

Relocations for the Public Housing Renewal Program Operational guidelines

http://www.housing.vic.gov.au/contact-a-housing-office

Contents

Revision history........................................................................................................................................ 2

When do these operational guidelines apply?.......................................................................................5

Introduction............................................................................................................................................... 5Human rights considerations...................................................................................................................... 6

Natural justice principles............................................................................................................................. 7

Order of allocation...................................................................................................................................... 8

Communication and consultation...........................................................................................................9Announcement of the project...................................................................................................................... 9

Phased information meetings..................................................................................................................... 9

Relocation information forums for affected tenants.....................................................................................9

Individual meetings with tenants...............................................................................................................10

Relocation agreement............................................................................................................................... 10

Move out stage........................................................................................................................................ 11Ownership of a home................................................................................................................................ 11

Tenancy breaches.................................................................................................................................... 11

Property inspections................................................................................................................................. 11

Undeclared occupants.............................................................................................................................. 12

When the department is not aware of residents or dependants living in the property...............................12

Residents not part of the tenancy.............................................................................................................12

Housing size............................................................................................................................................. 12

Housing type and location......................................................................................................................... 12

Preferred area managed by another area office.......................................................................................13

Offers of housing and signing the new residential tenancy agreement.....................................................13

Tenants move to properties managed by Community Housing providers.................................................14

Tenants move to properties head leased by the Director of Housing from private landlords....................14

Tenants refuse two reasonable offers.......................................................................................................14

Final efforts to avoid legal action..............................................................................................................14

Notice to Vacate stage.............................................................................................................................. 15

Preparing a Notice to Vacate memo.........................................................................................................15

Relocations Project Manager to review....................................................................................................16

Relocations for the Public Housing Renewal Program operational guidelines

Issuing a Notice to Vacate........................................................................................................................ 16

If a Notice to Vacate is challenged............................................................................................................16

Application to Victorian Civil and Administrative Tribunal for an Order for Possession.............................16

Preparing a submission for the VCAT hearing..........................................................................................17

Adjourning or withdrawing a claim at VCAT..............................................................................................17

Obtaining a Warrant of Possession..........................................................................................................18

Move back stage..................................................................................................................................... 18The Minister for Housing’s pledge to tenants and the Director’s Deed Poll..............................................18

Contacting tenants who moved to interim accommodation.......................................................................19

Offers to move back.................................................................................................................................. 19

Redeveloped estates now managed by Community Housing...................................................................20

Payment of expenses............................................................................................................................. 20Delegation for relocation expenses...........................................................................................................20

Budget for relocation expenses and payment claim process....................................................................20

Disconnection fees................................................................................................................................... 20

Electricity and gas connection fees...........................................................................................................21

Telephone, Pay TV and internet connection fees.....................................................................................21

Mail redirection fees.................................................................................................................................. 21

Tenant has paid fees................................................................................................................................ 21

Removal expenses................................................................................................................................... 21

Packing and unpacking services...............................................................................................................21

Appointing removalists.............................................................................................................................. 21

Insurance.................................................................................................................................................. 22

Contacting the removalist......................................................................................................................... 22

Improvements to the original housing.......................................................................................................22

Housing appeals and complaints mechanisms...................................................................................22

Appendix 1.............................................................................................................................................. 23Text alternative for Human rights considerations flowchart.......................................................................23

Appendix 2.............................................................................................................................................. 24Deed Poll.................................................................................................................................................. 24


When do these operational guidelines apply?These operational guidelines will assist staff to work with tenants, advocates and stakeholders during estate renewal activities related to the Public Housing Renewal Program.

The operational guidelines apply when:

• the Director of Housing (Director) determines that an estate is to be redeveloped as part of the Public Housing Renewal Program

• tenants are to be moved to other suitable properties while works are carried out (and in a timely manner so works are not delayed)

• staff are making decisions about whether tenants are able to move back to the redeveloped estate after the works are completed, and

• staff are determining the expenses that will be paid to tenants who are moving out or moving back to the redeveloped housing.

Staff are required to use these operational guidelines in conjunction with the Director’s Determinations under the Housing Act 1983, the Victorian Housing Register (the register) Eligibility Policy Framework and operational guidelines, as well as other relevant departmental policy manuals and operational guidelines.

IntroductionThe Department of Health and Human Services (the department) on behalf of the Director is committed to continuing to re-profile and improve the Director’s walk up estates to better meet contemporary housing needs. To achieve this, the department is renewing selected estates through the Public Housing Renewal Program announced by the Victorian Government in December 2016.

The objectives of the Public Housing Renewal Program are to:

• renew and provide new supply of social housing on existing Director owned estates• reconfigure the stock profile to meet existing and future demand• improve the standard of public housing and more broadly, social housing to better meet contemporary

housing needs, and• create sustainable mixed tenure communities.These objectives must be balanced with the needs of tenants residing at estates to be redeveloped. Any renewal program that requires tenants to move has the potential to cause stress and concern. To minimise the impact placed on tenants the department will in general:

• consider the potential impact a proposed decision or action will have on the tenant’s (and their household’s) rights under the Charter of Human Rights and Responsibilities Act 2006

• follow processes that are underpinned by the principles of natural justice and procedural fairness• allow processes to be flexible so individual needs and circumstances can be managed effectively• provide clear communication to tenants, advocates and stakeholders to support the move out and,

where relevant, the move back processes, and• allow a tenant’s public housing status to be maintained for the period their estate is redeveloped,

where they are moved to interim housing not managed by the department.When working with tenants to find another property, the department will take every reasonable step to move tenants to homes that suit their long term needs so that they need to move only once. This is particularly relevant for large households, who may be more suited to larger detached dwellings.


Consideration will be given to a tenant’s local networks and support services, such as access to their children’s current school when decisions are made about suitable homes.

Where this is not possible within the timeframes available (for example, prior to the date that the estate is due to be demolished) alternative options are to be considered, such as housing managed by Community Housing providers (for those providers approved to participate in the register) or leased properties from the private rental market.

All tenants that are moved will continue to have the same tenancy rights at the property they are relocated to.

All tenants that are moved to enable the redevelopment of their estates will have the right to move back to the redeveloped site. This right has been enshrined in a legally binding Deed Poll (refer to Appendix 2) to be attached as an addendum to the residential tenancy agreement tenants sign when they move to their new home. This includes tenants who were relocated prior to the introduction of the Deed Poll. Tenants will be reimbursed for any reasonable financial expenses incurred during the move out and any move back as described in the Payment of expenses section of these operational guidelines.

Human rights considerationsAll department staff are required to consider the potential impact of any proposed action on the person’s (and their household’s) rights under the Charter of Human Rights and Responsibilities Act (Charter).

Actions and decisions made during the different stages of an estate renewal program could engage certain rights under the Charter that are likely to be relevant, such as s.17 Protection of families and children. It is important to consider during the move out stage whether the proposed property meets the needs of families with children. Also s.13 Right to privacy and reputation might be relevant where staff consider issuing a Notice to Vacate when tenants refuse to leave their current housing. This is on the basis a person has the right not to have his or her privacy, family, home or correspondence unlawfully or arbitrarily interfered with. By taking a human rights based approach, the department is able to ensure tenants are at the centre of all decisions made. It does not mean that tenants’ human rights can never be limited. However, any decisions made that do limit a tenant’s human rights must be lawful, necessary, logical, reasonable and proportionate.

Staff taking action in line with these operational guidelines must:

• understand the objective and rationale of the actions they are taking• consider the impact of a proposed action on the person’s Charter rights (more than one might be

relevant)• consider whether the proposed impact is balanced and proportionate and necessary to achieve the

objectives for these operational guidelines, (for example, is the decision to evict and the subsequent impact on the tenant(s) and/or household members a proportionate measure when considered against the Director’s objective to improve the quality of public housing?), and

• choose the least restrictive of any practicable alternatives available.This assessment needs to be individualised for the tenant, and any other affected household members. It requires staff to follow the process outlined below and ask key questions such as:


Text alternative for Human Rights Considerations Flowchart (refer to Appendix 1)

The Charter of Human Rights and Responsibilities – A guide for Victorian public sector workers is also available to guide staff and their line management when considering human rights as part of the decision making processes at <www.humanrightscommission.vic.gov.au>

Natural justice principlesNatural justice (also known as procedural fairness) requires all department staff to act fairly when making decisions that impact the tenant’s rights or interests under the Residential Tenancies Act 1997.

Broadly, natural justice or procedural fairness requires:

• the decision making process to be fair and transparent, including making tenants aware of how decisions are made and giving them an opportunity to be heard i.e. provide relevant information or documents

• for tenants to be informed about their rights, responsibilities and options• to make tenants part of the decision making process• information and material provided by tenants is to be considered before decisions are made, and• decisions to be made must take into account all relevant circumstances, including the individual

circumstances of a tenant (and their household).These steps are critical to good practice and should underpin all interactions with tenants.


http://www.humanrightscommission.vic.gov.au/the-charter

Staff must ensure that all information gathered as well as the rationale and processes for decisions made are documented on the Housing integrated information Program (HiiP).

Order of allocationAllocations for the Public Housing Renewal Program form the highest priority from the register’s Priority Transfers category. See the register’s Eligibility Policy Framework operational guidelines for more information about the order of priority for all Priority Access categories.

The priority reasons for the Public Housing Renewal Program in HiiP include:

1. major public housing sites – move out

2. major public housing sites – move back

Local Area Relocation Project Leaders and Tenancy and Property Managers (or equivalent) may balance the order of allocation where estate renewal programs impact detrimentally on waiting times for applicants experiencing family violence.

Practical solutions can be considered to achieve this. Some examples may include:

• having a process in the local area office where discussions between the Local Area Relocation Project Leader and the Tenancy and Property Manager (or equivalent) determine the suitability of a vacant property for either the Public Housing Renewal Program or another client on the register

• offering a property to a tenant approved for a transfer due to family violence and then using the vacant property for a move out allocation for the estate renewal program, and

• transferring tenants who are underutilising their homes to more suitable accommodation (where tenants agree) and then using that vacant property for a tenant approved for a transfer due to family violence and using their home for a move out allocation for the estate renewal program.

The Director, Service Implementation and Support may also:

• vary this order where allocations for the estate renewal programs impact detrimentally on waiting times for applicants from other Priority Access categories, including exits from the homelessness service system in a particular area, and

• consider other options to manage Priority Access waiting times in a particular area.

The Director, Service Implementation and Support, may act independently or upon the advice of an Area Director.

When making homes available for the first time after estates are redeveloped, tenants that were moved will be given the first option to move back. If there are properties available after this process is completed, the Local Area Relocation Project Leader or the Tenancy and Property Manager (or equivalent) may develop a special strategy for initial offers of housing.

In developing the special strategy, the following factors are taken into consideration:

• demand for housing in that area, including the number of transfer applications• existing public housing properties in the area• underutilisation of current stock• the profile of mixed tenure types at the estate, and• what would be a sustainable blend of client types.

The strategy may be developed in consultation with local community organisations.

Refer to the Move out stage and Move back stage in these operational guidelines for further information about allocations.


Communication and consultationProperty and Asset Services Branch will manage communication and consultation in relation to the ‘built form’ of the estate renewal programs. Property and Asset Services Branch will use phased information meetings, and other forms of communication to provide ongoing updates to tenants throughout the planning and design stage of estate renewal programs.

The Client Engagement Teams will arrange individual meetings with existing tenants and manage all relocation activities.

Announcement of the projectTenants, tenant groups and other relevant stakeholders (for example, private owners and local organisations) are informed in writing after the Director determines that an estate is to be redeveloped as part of the Public Housing Renewal Program.

Property and Asset Services Branch manage the communication and coordination of announcements in consultation with the local area offices.

The communication and consultation will normally start with a letter and then continue with phased information meetings.

Phased information meetingsThere are Phase one, Phase two and Phase three meetings organised by Property and Asset Services Branch. The phased meetings will involve tenants, local area staff and key stakeholders affected by estate renewal programs. The purpose of these meetings is to provide information about the project and invite people to share their ideas, concerns and aspirations.

At Phase one meetings tenants and stakeholders will be asked a series of questions to understand their likes and dislikes about their estates. The information gathered from these meetings will be used to inform the initial sketch plan of the redeveloped estate. Phase two meetings are used to introduce the initial sketch and Phase three meetings will provide details of proposed planning scheme changes for an estate before they are referred to the Social Housing Renewal Standing Advisory Committee for consideration.

The phased meetings will also explain:

• why the project is taking place and what will happen next• the benefits to tenants, neighbouring residents, community and local businesses• the timing and staging of the project, and• a brief overview of the move out and move back processes as described in these operational

guidelines.

Relocation information forums for affected tenantsProperty and Asset Services Branch may also arrange information forums for affected tenants to explain:

• the move back and move back processes including expenses that will be paid by the Director,• if known, the timeframe for tenants to move, and to advise• staff from the Client Engagement Team will arrange individual meetings with them to establish their

specific housing needs and requirements.


Individual meetings with tenantsStaff from the Client Engagement Team meet (and have ongoing discussions) with all tenants to answer any questions and to establish their specific housing needs and requirements.

Where tenants are connected to support services or advocates, staff attempt to involve them in meetings and discussions as early as possible.

If tenants have complex needs and are not receiving support, staff will attempt to make referrals to services to assist with meetings and advocacy where tenants have provided consent to do so.

When interpreters are required by tenants, staff must make them available.

At the meeting/s staff discuss with tenants:

• the reasons the estate renewal program is taking place• if known, what type of housing (for example, bedroom size) is likely to be built and the timeframes• their preferences and property needs, including their interest in moving to other housing options such

as Community Housing or housing leased from the private rental market• if they are interested in returning to the estate or would prefer to permanently move away• the time frame for their move out• if the tenant is paying market rent, the current rent may apply if the home they move to has a higher

market rent. (refer to the Offers of housing section of these operational guidelines for further information), and

• expenses that will be paid by the Director for the move out and any move back.

Relocation agreementStaff are to advise tenants that a Relocation form is to be completed. If they have property type or location requirements that have not been assessed, a Special Accommodation Requirements (SARs) application is also needed.

Staff go through the relocation agreement in the Relocation form with tenants. The relocation agreement sets out the entitlements for tenants that move out and later move back to redeveloped estate and should be signed by tenants and staff as delegates of the Director.

Staff provide tenants with a copy the of the relocation agreement and Relocating from your home: Fact Sheet.

If tenants refuse to complete a Relocation form, staff register an application in HiiP using information held on the tenancy file. Staff can continue to provide tenants with the opportunity to discuss and sign the relocation agreement at another time. For tenants who want to seek legal advice, staff will provide the contact details of their local community legal centre.

Where tenants have an existing transfer application, they are to use the Relocation form to confirm their household details and sign the relocation agreement. The approved priority reason in HiiP must also be changed to major public housing sites – move out.

During these meetings it’s also a good opportunity for staff to record a tenant’s national identifier numbers for their electricity and gas connections. These numbers are normally found on utility accounts and will be used by the department to arrange for the removal of meters from the estate.


Move out stageThe properties tenants move to are categorised as either interim or permanent housing.

Interim housing refers to a home that is provided temporarily pending the tenant’s move back to the redeveloped estate. Interim housing may include non-Director properties such as accommodation provided by family or friends, housing head leased from the private rental market or properties managed by Community Housing providers.

Permanent housing refers to accommodation tenants move to on an ongoing basis. Tenants that prefer to move to what is considered permanent housing will not move back to the redeveloped site. Permanent housing may include other public housing properties, private rental accommodation (possibly gained with the assistance of the department’s bond loan scheme and the rental brokerage program) or housing managed by Community Housing providers.

The permanency of the housing may be determined by one or more of the following factors:

• whether the tenant owns a home they could reside in• the availability of public housing stock for tenants to move to, and• the tenant’s move provides them with housing that meets their long term needs (and the tenant does

not want to move back).It may be difficult for tenants to make a decision about whether they want to return to the redeveloped estate. If a tenant is undecided, they are not required to make a final decision at this stage and the property they move to will be considered interim housing.

Ownership of a homeTenants that own a home they could reside in are not able to move back to the redeveloped estate. In these circumstances, staff should consider this when determining the type of move out housing tenants will be offered. See the register’s Eligibility Criteria operational guidelines for further information about ownership of real estate.

Tenancy breachesTenants will not be moved out where a Warrant of Possession has been obtained for rental arrears or other tenancy breaches, such as nuisance behaviour. The process to evict tenants in these circumstances will continue as usual. See the Arrears policy manual and Tenancy breaches operational guidelines for further information.

Property inspectionsStaff complete a property inspection prior to the tenant’s offer to move to explain how the home should be left when they leave.

If at the inspection, damage or other issues are identified, staff may consider initiating a plan with support services to manage the tenant’s behaviour at the next property. The plan may include more regular home visits.

If the issues identified include hoarding or squalor, staff may contact the tenant’s existing support services or the local Support for High Risk Tenancies co-ordinator to establish a plan to manage the move out process.


Undeclared occupantsIf during the move out stage, staff become aware that tenants have left a property and undeclared occupants are residing there, see the Undeclared occupants, sub-letting and squatters operational guidelines for further information about how to manage this issue.

When the department is not aware of residents or dependants living in the propertyIf tenants have undeclared residents or dependants living with them, they may be included when determining the size of the move out home if; tenants declare that residents or dependants are residing in their property no more than 28 days after the first individual meeting with staff from the Client Engagement Team. Tenants will be expected to provide evidence to confirm the resident was residing in the property before the meeting.

In these circumstances, the department will not backdate rebate entitlements, and the new rent will apply from the next Fixed Rent Effective Date.

Where tenants have an existing transfer application that includes household members that are unable to reside in the current property because of its size, the household members are included when determining housing size for the move out home.

Residents not part of the tenancyWhere residents are known to the department, but have not signed a Residential Tenancy Agreement, the Transfer of tenancies policy manual is applied to determine their tenancy rights when the household is moved.

Housing sizeStaff determine the size of the move out home by referring to the Housing size guidelines in the register’s Clients with Special Accommodation Requirements operational guidelines.

Where tenants will not accept the size of the move out home as determined by the register’s operational guidelines, the Local Area Relocation Project Leader or equivalent has the delegation to approve larger properties.

In these circumstances, not more than one additional bedroom is to be provided.

Factors Local Area Relocation Project Leaders will consider include, whether a tenant or a member of their household:

• has a reasonable need for an extra bedroom• is likely to need the bedroom as they age• has a partner and they intend to start a family, or• the bedroom size they are eligible to receive is unlikely to be available within required timelines.

Housing type and locationStaff will consider requests from tenants for particular property types and locations. Every effort will be made to find a property that meets these requirements.

However, this may not always be possible where properties are in limited supply and the waiting time may cause an undue delay for a particular estate renewal program.

Requests from tenants are prioritised to ensure housing in limited supply is allocated to tenants most in need.

The order will be determined as follows:


1. there is an approved SAR that relates to a tenant remaining in the area, for example, children require access to a specialist school

2. the threshold to approve a SAR is not reached, however tenants still have significant connection to the area. Examples may include, children attend local schools or tenants have supports in the area, such as extended family, health services or child care services, and

3. on the basis of length of tenancy at the current property. This recognises that tenants who lived in the original housing estate for a significant period of time are more likely to have a social bond and connection with the area.

The Local Area Relocation Project Leader or equivalent approves the order of move outs to properties in limited supply based on the above factors.

If it later becomes clear that the Director will not be able to provide the requested property types in the required timelines, staff are to work with tenants to broaden their options, which may include choosing other areas, considering housing managed by Community Housing providers or properties leased from the private rental market.

If a tenant requiring support or local services has to move from their current area, staff will work with existing support providers to seek available services in the new location.

Preferred area managed by another area officeWhere the tenant’s preferred area is managed by another local area office, staff from the Client Engagement Team are to liaise with that office.

The file with a covering note that includes the following information is sent to the responsible office:

• the anticipated start and finish dates of the estate renewal program• a ‘Relocating from your home’ Fact Sheet to provide some detail about the Public Housing Renewal

Program• a contact name and telephone number for the Client Engagement Team managing the project, and• any information specific to the needs of the tenant, for example, matters that should be taken into

account at the time of an offer.

Offers of housing and signing the new residential tenancy agreementStaff will let tenants know when they are looking for a suitable home to offer them. This will allow tenants time to prepare for the move.

Tenants will receive two reasonable offers of housing as described in the register’s Offer of Housing operational guidelines.

When tenants accept the offer of housing staff are to:

• arrange a time with the tenant to conduct an exit inspection at their current property. At the inspection, staff are to inform the tenant of their responsibility to remove all of their belongings and to return the keys to the local area office

• arrange a time for the tenant(s) to sign the new tenancy agreement

At the sign up meeting staff will: arrange for the tenant/s to sign the residential tenancy agreement as described in the Signing the

residential tenancy agreement chapter in the Allocations manual. attach the Director’s Deed Poll to the residential tenancy agreement (and provide a copy to the

tenant/s)


• explain to tenants who pay market rent, if they move to an interim home managed by the department, the rent will match the previous property until they are moved back, but if they move to a permanent home, the market rent will match the previous property for a period of six months, and

• if there are arrears when the tenancy ends, staff are to ask the tenant to sign a Vacated Arrears Repayment Agreement.

S. 217 of the Residential Tenancies Act provides for a tenancy to be terminated by agreement of the landlord and tenant. Alternately, S. 218(1) of the Residential Tenancies Act provides that a tenancy agreement terminates if the tenant vacates the rented premises with the consent of the landlord.

When the department initiates a property transfer under these operational guidelines, either the tenancy agreement is terminated by the agreement of the parties (S. 217) or it is considered that the Director has consented to the termination of the existing tenancy (s. 218). Either way, the existing tenancy terminates on the day the new tenancy commences.

Tenants move to properties managed by Community Housing providersTenants that accept offers from Community Housing providers will be subject to that provider’s policies and processes. If tenants want to move to Community Housing on a permanent basis, it will be expected they are provided with ongoing tenure.

Tenants move to properties head leased by the Director of Housing from private landlordsTenants who require one or two bedroom properties and have advised they want to move back to the redeveloped estate may be offered an interim head leased property from private landlords.

Also, interim head leased properties may be considered as an option for larger households where permanent homes cannot be found within the required timelines. However, this should only be as a last resort as another move will be required when a permanent home becomes available.

The leasing arrangements will be temporary and similar to those described in the Leased properties policy chapter. See that chapter for further information about how to manage these tenancies, including what to do if the lease is ending and a tenant refuses to leave.

Tenants refuse two reasonable offersIf tenants refuse two reasonable offers, do not want to move (or broaden their housing options) or have behaviours consistent with hoarding and squalor and are not actively working with staff or services to prepare for their move , staff are to conduct an interview with the tenant (and their support services) to:

1. ensure they are aware of the reasons the project is required and why their move is necessary, and

2. establish their barriers or concerns about moving to try and find a resolution.

Final efforts to avoid legal actionIn an attempt to avoid legal action staff will also:• explore other housing options such as properties leased from the private rental market, Community

Housing, the possibility of residing with family and friends or accessing private rental using the department’s bond loan scheme, and make tenants aware that if they move out temporarily to housing not managed by the department, the option to move back will continue to apply.

• explain to tenants that the department may issue them with a 60 day Notice to Vacate under the Residential Tenancies Act


• inform tenants that if a Notice to Vacate is issued, the department will continue to work with them to address their concerns

• make further offers as properties become available during the 60 day Notice period, and• if tenants agree, to make referrals to relevant services to provide support and advocacy.By completing the above steps, staff are making all possible efforts to avoid legal action so that the Director, and the department fulfil their obligations as model litigants. See the Victorian Model Litigant Guidelines for further information.

Staff must record in HiiP the relevant information gathered, the discussions and contact (or attempted contact) with the tenant and the rationale for any decisions made.

Notice to Vacate stageIf the tenant continues to refuse to move from their home, staff are to consider issuing a Notice to Vacate.

Prior to issuing a Notice to Vacate to households that include children, the local area office will undertake a ‘mutual client check’ to establish whether Child Protection is involved. A cross program meeting should then be organised by the local area and attended by relevant program representatives and support workers (if appropriate). This meeting is to enable the department to focus on identifying appropriate housing options that will meet the identified housing needs of the tenant and/or household and ensure the interests of the children are considered. See the Information sharing between Public Housing and Child Protection guideline for more information.

Preparing a Notice to Vacate memoFor all decisions regarding approval to commence the legal process to regain possession of the property, staff will complete a memo for approval by the Client Support and Housing Services Manager or Area Director or equivalent. This will be done:

1. prior to issuing a Notice to Vacate and making the application for Order for Possession, and

2. prior to the purchase of a Warrant of Possession (completion of the second part of the memo template which requires consideration of any changed circumstances for the tenant or household since the Notice to Vacate decision was made).

Staff will cover in the memo:

• the tenant or household history• any tenant or household issues and evidence relevant to the decision making process including

details and dates of any property offers (staff may also describe the reasonableness of the offers compared to what tenants have asked for)

• opportunities provided to the tenant to respond to, and resolve issues, including any information provided by the tenant through this process

• a consideration of all relevant human rights which may be impacted by the decision, considering the individual circumstances and consequences for the household which may result from the proposed action and the Director’s/department’s objectives in taking the proposed action, and

• the rationale for issuing a Notice to Vacate and seeking a possession order or for purchasing a Warrant of Possession. This may include the date the estate is to be demolished and the associated risks to the project if it is delayed.

Staff will also attach copies of all relevant documents including, but not limited to, support letters, reports and file notes to support the decision making process.


Relocations Project Manager to reviewThe Principal Project Manager, Client Engagement Team will review the documentation prior to any endorsement being given by the Client Support and Housing Services Manager or Area Director or equivalent, to check all relevant information is provided and the correct process has been followed.

This review will ensure that the tenant has been provided an opportunity to discuss the reasons they have not accepted the property offers or do not want to move and that their individual human rights and that of the household have been considered as part of the decision making process.

The Client Support and Housing Services Manager, Area Director or equivalent (authorisation to issue a Notice to Vacate must be done in accordance with the Director’s Instrument of Delegation) will:

• review the documentation to ensure all relevant information is provided and the proper process has been followed, in particular, that the tenant has been provided with the opportunity to respond and that human rights have been considered as part of the decision making process, and

• exercise their delegation to make a decision whether to issue a Notice to Vacate, apply for an Order for Possession, or purchase a Warrant of Possession, as the case may be.

Issuing a Notice to VacateIf a decision is made to issue a Notice to Vacate, staff will contact the tenant to inform them:

• a Notice to Vacate will be issued, and• staff will continue to work with them to address their concerns during the 60 day Notice period, and

further offers will be made as properties become available.Staff will send the tenant a copy of the Notice to Vacate using registered mail with a copy of the demolition permit, and a covering letter detailing the reason the notice has been served.

The letter and Notice to Vacate must include:

• the section of the Residential Tenancies Act under which the application is made, and• the order that is being sought (staff will use S.256 as the property is to be demolished).

If a Notice to Vacate is challengedIf a Notice to Vacate is issued and it is challenged, for example, in the Human Rights and Equal Opportunity Commission or Supreme Court, a case conference will be coordinated. The case conference will be convened by the Assistant Director, Housing Practice and Complex Support (or representative) and should be attended by:

• Legal Services Branch• senior local area management, and• any other stakeholder identified as necessary to meet the purpose of the case conference.

The purpose of this case conference is to review the Director’s case and to agree on a considered and coordinated position on how best to proceed.

Application to Victorian Civil and Administrative Tribunal for an Order for PossessionFollowing the issue of the Notice to Vacate if a tenant is not moved during the 60 day notice period, staff may make an application for an Order of Possession under S.322: Residential Tenancies Act to the Victorian Civil and Administrative Tribunal (VCAT) (65 days after the notice is served). This is made up of 60 days for the notice to expire and five working days for postage. A copy of the demolition permit must be included. If the application is made using VCAT Online, staff are to provide a copy of the demolition order to the VCAT member on the day of the hearing.


An application for an Order for Possession must not be made later than 30 days after the termination date specified in the Notice to Vacate.

Preparing a submission for the VCAT hearingA submission to VCAT should include:

• the section under which the application is made• the outcome that is being sought from VCAT for example; “The Director of Housing is applying for an

Order for Possession under Section 322 of the Residential Tenancies Act because the Director as landlord intends to demolish the premises known as ……, and has given the required Notice under section 256 of the Residential Tenancies Act”;

• a brief background of the estate renewal project and why it necessitates the relocation of the tenants• an outline of the steps followed by the department and support provided to assist the tenant with

relocation• details of relevant permits and consents, and• accurate details of the facts on which the application is based.At the hearing staff will present the information as prepared in the submission.

In certain circumstances it may be appropriate to request written reasons for VCAT decisions. This must be made at the start of the hearing, and will be at the discretion of the VCAT member.

Adjourning or withdrawing a claim at VCATStaff may request an adjournment or withdrawal of proceeding from VCAT when:

• a support agency or case worker supporting the tenant has requested and proposed a reasonable alternative to resolve this issue

• a support agency or case worker requires additional time to appropriately assess the tenant’s current situation, or

• the tenant accepts an offer to move out.

Staff will request approval from their line management to adjourn or withdraw the claim at VCAT. Approval to adjourn or withdraw the application will be dependent on the circumstances of each case.

Staff should obtain written consent from the tenant or their legal representative/s that they agree to the proposed adjournment.

An application for adjournment should be made in writing using the VCAT Application for Adjournment form as soon as practicable and at least five business days before the scheduled hearing. Otherwise, the application will need to be made at the hearing. The tenant or their legal representative must be forwarded a copy of any correspondence to VCAT.

Staff will need to specify in the application:

• the hearing to be adjourned• the reason for the adjournment request (together with any supporting documents), and• the date after which the hearing is to be re-listed.

Staff should also attach a copy of any written consent of the other parties to adjournment, or specify the name of any party who objects to the adjournment request and the basis of such objection or the name of any party who has not responded to the adjournment request.


Obtaining a Warrant of PossessionFollowing the granting of an Order for Possession at VCAT, staff must discuss the proposed action with the tenant and consider any change in circumstances that may impact on the decision to seek, and potentially execute, the Warrant of Possession.

After this discussion staff are to complete the second part of the memo template that will include and consider any changed circumstances for the tenant or household. Once authorised, the Warrant of Possession may be obtained under s. 351: Issue of warrant of possession of the Residential Tenancies Act.

Staff will refer to the Terminating a tenancy policy chapter when they are executing a Warrant of Possession.

Staff are to continue to engage with the tenant to explore options to move during the legal process and before the Warrant of Possession is executed. The Client Engagement Team may make a decision to keep a vacant property available to offer the tenant after they are evicted.

Move back stageTypically, as outlined in the Relocation form and the Director’s Deed Poll all tenants will have an opportunity to move back to the redeveloped housing.

The Minister for Housing’s pledge to tenants and the Director’s Deed PollA legally binding Deed Poll (see Appendix 2) was developed in collaboration with the Federation of Community Legal Centres, formalising the Minister for Housing’s pledge made in July 2017. The pledge and the Director’s Deed Poll provide an undertaking that:

all tenants who wish to return to their former estate have the right to do so

the rent will be calculated in accordance with the standard rent calculation policies of the Director, and

security of tenure will not change.

This Deed Poll was attached to all tenancy agreements when tenants were relocated at the move out stage.

However, there are some circumstances that may lead to a tenant not receiving an offer to move back to the redeveloped estate. These include:

• the tenant owns a home they could reside in (see the register’s Eligibility Criteria operational guidelines for further information about ownership of real estate), or

• there is a Warrant of Possession to be executed for either rental arrears or other tenancy breaches such as nuisance behaviour or malicious damage.

Flexible Housing designTo accommodate larger families if they choose to return, new homes built on Public Housing Renewal Program sites will include a small percentage of three bedroom properties and flexible designs, where two smaller properties can be modified to be used as one larger home.


Contacting tenants who moved to interim accommodationStaff send a letter and a move back intention form to tenants that moved to what was considered an interim housing arrangement at least three months before the estate renewal program is completed. The letter will also advise the tenant to complete a Relocation form so that their household composition and eligibility can be confirmed before they move.

Tenants are required to inform the department if they still have an interest to move back within 28 days of the letter by returning the Tenant move back intention form.

If tenants or members of their household later advise they have specific property requirements that have not been assessed, they should also provide a SARs application.

If tenants do not respond to this letter, staff should attempt to call the tenant. If contact is not made by telephone a home visit is to be completed. Where the tenant is residing in a location managed by another local area office, staff contact that office to request a home visit is completed.

When tenants cannot be contacted or do not want to move from interim housing and they cannot remain there on a long term basis (for example, a property leased from the private rental market), legal processes may need to be considered if the landlord issues a Notice to Vacate on the Director.

Staff write to tenants to inform them that the Director and department will no longer consider them for a move back if they:

• advise they are no longer interested in moving back• fail to respond to attempted contacts, or• own a home they could reside in.

Offers to move backTenants are matched to the housing size and the property type they are eligible to receive. See the register’s Housing size guidelines in the Matching clients with housing and special accommodation requirements operational guidelines.

The Tenancy and Property Manager or equivalent has the delegation to approve tenants for a housing size they are not eligible to receive.

In these circumstances, not more than one additional bedroom is to be provided.

Factors the Tenancy and Property Manager will consider include, whether the tenant or a member of their household:

• has a reasonable need for an extra bedroom• is likely to need the bedroom as they age, or• has a partner and they intend to start a family.

A letter is sent to tenants at least 28 days before a move back offer is made.

Tenants are provided one reasonable offer to move back to the redeveloped estate. However, this will need to be negotiated if tenants refuse the offer and have moved to interim housing where they cannot remain on a long term basis (for example, a property leased from the private rental market).

Where offers are accepted staff make arrangements with the tenant to move their possessions to the redeveloped housing. A time is also made for the tenant to attend the local area office to sign a Residential Tenancy Agreement for the new home.


When tenants are leaving an interim home managed by the department, staff follow similar processes as described in the Move out section of these operational guidelines regarding exit inspections and ending the tenancy. If at exit inspections, damage is identified, see the Tenant property damage operational guidelines for information about determining responsibility.

Redeveloped estates now managed by Community HousingWhere a Community Housing provider will manage a redeveloped estate, the arrangement will require the provider to allow tenants to move back (based on the department’s policy requirements and processes) and have similar tenure and rent conditions as other public housing tenants (after allowing for Commonwealth rent assistance).

In these circumstances, the role of local area office during the move back stage is yet to be established.

Payment of expensesThe Director aims to minimise the financial expenses for tenants when they move due to an estate renewal project or move back after works are completed.

In these circumstances the Director pays for:

• any disconnection fees, for example, the internet or Pay TV• connection fees, such as, electricity, gas, telephone, Pay TV or the internet• mail redirection fees• removal of household items, and• any other reasonable expenses incurred as a direct result of the move, such as new school uniforms

for children.Where possible, tenants are not to make payments for expenses to be later reimbursed by the Director.

Delegation for relocation expensesThe Local Area Relocation Project Leader or the Tenancy and Property Manager (or equivalent) can approve individual tenant move out or move back payments of up to $15,000.

Budget for relocation expenses and payment claim processA budget is available for each estate renewal project. A project code and a project charge code are established for an estate renewal project. The project code is a number used to identify a specific estate renewal project. The project charge code is the financial code used to charge all relevant expenses.

To arrange for the payment of expenses, staff complete a general claim form and include the redevelopment project charge code. After payments are authorised by the Local Area Relocation Project Leader or the Tenancy and Property Manager (or equivalent) staff send forms to Property Services and Assets Branch at 50 Lonsdale Street, Melbourne to charge the payment against an estate’s project charge code. Finance and Business Services then arranges payment.

Disconnection feesTenants may be charged disconnection fees where they have ended a contract due to the move, for example, Pay TV or the internet. To be reimbursed tenants must provide staff with an account that itemises the disconnection fee.


Electricity and gas connection feesThe Director pays for electricity and gas connection fees for tenants who move out or then move back to the redeveloped estate. Staff ask tenants to provide an account that itemises the connection fee.

Telephone, Pay TV and internet connection feesThe Director pays for telephone, Pay TV and internet connection fees only where the phone, Pay TV or internet were connected in the original property. Tenants can confirm this by providing a previous account in the name of a household member. Staff also ask tenants to provide an account that itemises the connection fee at the new home and advises them to pay the new account except for the connection component.

Mail redirection feesThe Director pays for mail redirection for a period of six months when tenants move out and then again if they move back. Australia Post provides a concession rate for clients with a Pensioner Concession Card, Health Care Card, Commonwealth Seniors Health Card, Department of Veterans’ Affairs Card and the Veterans’ Repatriation Card.

If tenants want to have their mail redirected staff are to provide a mail redirection form after a new Residential Tenancy Agreement is signed for the move out and any move back. Mail redirection forms can be obtained from Australia Post or downloaded at <https://auspost.com.au/parcels-mail/manage-your-mail/redirect-hold-mail/redirect-mail>.

Cheques may be provided to tenants to cover the cost of mail redirection. To generate a cheque staff are to complete a general claim form for the tenant including the redevelopment project charge code and the cost of the mail redirection.

Staff advise the tenant to take the mail redirection form to a local post office as it is a requirement of Australia Post to have forms provided in person.

Tenant has paid feesThe department will reimburse tenants when they have paid fees the Director would normally agree to pay. Staff identify on an account the amount the Director is responsible to pay and then complete a general claim form to arrange payment to the tenant.

Removal expensesThe Director pays for the removal of the tenant’s (and household’s) belongings for the move out and any move back.

Packing and unpacking servicesThe Director does not pay for a packing or unpacking service, unless these tasks are difficult for tenants to manage, for example, they are elderly or have a disability.

When it is agreed assistance with packing and unpacking is needed, staff seek permission from the Local Area Relocation Project Leader or the Tenancy and Property Manager (or equivalent) to include the packing and unpacking of a tenant’s belongings in the service provided by the appointed removalist.

Appointing removalistsProperty and Asset Services Branch and the Client Engagement Teams will manage tender processes to appoint removalists for the different estates involved in the Public Housing Renewal Program.


https://auspost.com.au/parcels-mail/manage-your-mail/redirect-hold-mail/redirect-mail

InsuranceThe appointed removalist is expected to have Transit insurance. Transit insurance covers damage to the tenant’s goods while in transit. It does not cover mechanical damage to items such as fridges and other electrical goods unless obvious damage occurs, for example, after an item was dropped. Also breakable items are not insured unless the removalist packs them.

The Director does not pay for comprehensive insurance so tenants may wish to pay for comprehensive insurance.

Contacting the removalistStaff will assist the tenant to contact the appointed removalist, and also advise the tenant that:

• the removalist will have transit insurance• they may wish to arrange comprehensive insurance as the Director does not pay for this• all breakable items should be carefully packed as these are not covered by transit insurance, unless

they are packed by the removalist• packing boxes will be provided by the removalist for non-breakable items, and• a goods condition report is to be completed by the removalist (with the tenant) on the day of the move

to assist with any claims for damage.

The Director will also provide assistance through contractors to move items the removalist will not remove, for example, fish tanks.If a tenant contacts the department about damage to an item while in transit, staff are to refer the tenant to the removalist company.

Improvements to the original housingWhere possible, the Director will replace improvements made by tenants to their original housing. For example, when a tenant installed an air conditioner, if it’s feasible, the Director will provide a similar air conditioner at the next home.

Housing appeals and complaints mechanismsThe appeals process has been developed as one method of ensuring that department policy and procedures are applied correctly. The aim of the process is to provide clients with a formal process of review of the Director/department’s decisions relating to the provision of housing services. Refer to the Housing Appeals chapter for information about the types of decisions that can be appealed.

It is not appropriate for clients to use the appeals process to make complaints regarding staff or client services. The Client Engagement Team or local area offices are encouraged to resolve complaints where possible at the local level. If a tenant or a client is dissatisfied with the service provided, they are able to access a centralised complaints system that can review whether the complaint was managed within the relevant policy parameters at the local level.


Appendix 1

Text alternative for Human rights considerations flowchartHuman rights assessments needs to be individualised for the tenant, and any other affected household members. It requires staff to follow the process outlined below and ask key questions such as :

1. What is the proposed action being considered?

2. What Charter rights are relevant? Make a list of human rights that could be relevant to the proposed action.

3. Are any ones rights limited? What may be adversely affected by the proposed action for example tenants, family and other household members? What are their individual circumstances?

4. Are the limitations justified? If No:

5. Proposed action is not in accordance with the Charter - review and find alternative

6. If the limitations are justified:

Is my policy objective necessarily important?

Does my proposed decision achieve the objective in a balanced way?

Is there an alternative, less restrictive way to achieve the objective?

7. If no, the proposed action is in accordance with the Charter and may proceeded

8. If my policy objective is not necessarily important or does not achieve the objective in a balanced way

The proposed action is not in accordance with the Charter – review and find alternative.

Return to Human Rights Considerations


Appendix 2

Deed Poll DEED POLL

PUBLIC HOUSING RENEWAL PROGRAM

RIGHT TO RETURN TO [insert name of housing estate]

BACKGROUND

A. The Director of Housing through the Department of Health and Human Services (department) is undertaking a redevelopment of a number of the Director of Housing’s housing estates.

B. In order to undertake the redevelopment, it is necessary to relocate tenants residing at the estates to other accommodation.

C. The Director of Housing is committed to tenants who relocate from these housing estates returning to the redeveloped estate if the tenant so desires.

D. The Director of Housing is committed to ensuring that the position and rights of all returning tenants are not detrimentally affected, altered or varied by the Public Housing Renewal Program.

To: [insert name and address of tenant]

Director of Housing hereby agrees with you that:

1. You will have the right to return to a property that meets your household accommodation needs in the redeveloped estate upon completion of the redevelopment;

2. If you elect to return to a property in the redeveloped estate, your tenancy will continue to be governed by all generally applicable public housing policy or practice manuals published by the Director of Housing and current at that time, and your landlord will be a public authority for the purposes of the Charter of Human Rights and Responsibilities Act 2006 (Vic);

3. If you return to a property in the redeveloped estate, your rent will be calculated in accordance with the generally applicable rent calculation policies of the Director of Housing current at that time.

4. This Deed Poll is legally binding upon the Director of Housing and is legally enforceable by you against the Director of Housing.

EXECUTED as a DeedSigned for and on behalf of the Director of Housing by an officer of the Department of Health and Human Services to whom the Director of Housing has delegated the appropriate power:

……………………………………………………………..Signature

……………………………………………………………..Name

……………………………………………………………..


Position

Date / /


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