Policy
Tenant Property Changes
SDMS ID Number
P2012/0178-015
SDMS Title
Tenant Property Changes – Policy – P2012/0178-015
Effective From
October 2013
Applies to
Housing Tasmania tenants
Custodian
Housing Tasmania
Summary
This policy is to provide a framework for tenants wishing to make alterations to
their home.
Replaces Doc. No.
n/a
Author Area
Housing Strategy – Social and Affordable Housing Policy Unit
Contact
Manager, Housing Operations
Review Date
July 2019
Policy Intent
Application
This policy is designed to:
•
provide information regarding the processing of tenant requests to
start any work on a Housing Tasmania property
•
Provide boundaries regarding the processing of requests by
organisations that are managing public housing property to undertake
any work on a property owned by the Director of Housing.
•
Assist the process of valuing ‘tenant improvements’ when a property is
being sold to sitting tenants.
For the purposes of this policy, ‘property’ refers to any structure or chattels,
any internal and external features including fences and any garden structures,
that are present on the site at the time the tenant signs the lease.
As the owner, Housing Tasmania has the right to manage the public housing
properties in a way that allows best use of the properties and the budget
available to complete maintenance and upgrades.
This policy applies to all public housing and Aboriginal housing tenants and
properties in Tasmania.
Tenant Alterations and
the Lease
The Housing Tasmania lease prohibits public housing tenants from making any
amendments to the home a tenant rents or any other public housing
property.
Section 3.11 part (f) of the Housing Tasmania Lease Agreement states:
‘You must not make any alteration or addition to the premises. This includes
renovations and structural improvements. This also includes not moving chattels,
fixtures or fittings from the place that they are installed in the premises at the start
of your tenancy.”
Clause 4.5 (f) of the Community Tenancy Lease Agreement states:
“[the organisation shall:] Not make any alterations or addition to the Premises or to
any part thereof, or any of the Director’s fixtures and fittings, without consent in
writing of the Director first had and obtained and not to carry out any such
permitted alterations except by workman of whom the Director shall have approved,
and all such alterations are to be to the reasonable satisfaction of the Director.”
Tenants also have additional responsibilities as the lease holder whilst they
reside in a public housing property and are responsible for any repair for
damage that is not determined to be fair wear and tear.
Permission and
approval
Housing Tasmania understands that tenants may want to make changes to
their home for a range of reasons. As the owner, Housing Tasmania needs to
make sure that Housing Tasmania properties are maintained to a consistent
standard. Not all tenant changes will be approved because Housing Tasmania
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must then maintain these changes and is not always able to do this.
This is why all tenants need to obtain written permission from Housing
Tasmania before commencing any work on a public housing property.
This means, any tenant wanting to do work on their public housing home will
need to fill out a Tenant Property Alteration Request Form. This is available
from a Housing Tasmania Area office. It is important you speak to Housing
Tasmania about your request before filling out the form.
Organisations renting properties from Housing Tasmania under a Community
Tenancy Lease Agreement should discuss any desired alterations with
Housing Tasmania, who can direct their query to the appropriate staff for
consideration. A formal written proposal from the organisation may be
required.
Approval Parameters
All requests will be considered on a case by case basis. This is because all
requests are specific and each property is different.
Only basic works that are non-structural will usually be approved. Tenants
should talk with a Housing Tasmania officer before completing the request
form. This will help us to understand what changes are wanted and we can
discuss whether it is likely to be approved.
In general, Housing Tasmania will not approve requests that need Council
planning approval or that alters the house a great deal. This includes larger
sheds, extensions, changes to internal walls, installation of carports or garages
and the installation/erection of a pool or pond.
Even if Council approval is not needed, you must talk to Housing Tasmania
first. This includes garden sheds, even though smaller sheds do not need
Council planning approval. Talking to Housing Tasmania first helps save
tenants from being issued maintenance charges later.
Tenants who are unsure of the local Council approval processes must contact
the relevant Council directly before discussing with Housing Tasmania. It is
important to do this, as different Councils may have different rules.
TasWater will also need to be consulted by the tenant. As part of the
approval assessment process, Housing Tasmania will investigate any
requirements as deemed necessary.
Any discussions with Housing Tasmania about property changes (including the
completion of the request form), does not mean approval has occurred and
that you can start work on your public housing home.
Housing Tasmania will largely make the decision based on the property,
rather than the tenant history or tenant’s needs.
Tenant property changes or modifications cannot start without formal
written approval from Housing Tasmania.
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Social Housing
Organisations
Non-Government organisations renting properties from Housing Tasmania
may have special requirements for larger scale additions and alterations. Any
work requiring structural changes and or Council approval must be referred
to Housing Tasmania in the first instance. Housing Tasmania may consider
these alterations.
Social housing organisations unsure of the local Council approval processes
must contact the relevant Council directly before discussing with Housing
Tasmania. It is important to do this, as different Councils may have different
rules.
However, the organisation should not submit any proposals or plans to their
local council and or make any commitments to undertake the work without
having first sought and obtained written approval from Housing Tasmania.
The issue of costs should be discussed with Housing Tasmania before any
commitment is entered into regarding alterations.
Note: When seeking advice on whether approval is required from Council it
should be sought from both the Building and Planning Sections of Council as
these areas have different criteria. TasWater will also need to be consulted.
Making the request
The tenant must make all requests to do work on their public housing home
in writing using the Housing Tasmania form. This form is available from
Housing Tasmania Area offices. All written requests are assessed by the
relevant Area Manager or another senior manager.
Only the tenant (or the person that has signed the lease) can request to make
a property alteration. No other household member can do this instead of
the tenant, with or without the tenant’s knowledge.
Occupational therapists may provide a written request for modifications to a
property on behalf of the tenant. The final decision will be made by Housing
Tasmania.
Social Housing organisations should contact the Housing Tasmania Area
Office to discuss their specific circumstances before starting any alterations.
Approval and Declines
Housing Tasmania will notify tenants and social housing organisations in
writing using the relevant Tenant Property Alterations ‘approved’ or
‘declined’ standard letter.
Tenants can expect that notification from Housing Tasmania within 30 days
from the date of receipt of the completed request form.
Changes made without
approval
If a tenant makes changes to a public housing property without written
approval from Housing Tasmania, this is considered a breach of the lease and
a Notice to Vacate may be issued. The Area Manager will make the final
decision in this regard.
Housing Tasmania will instruct the tenant to return the property to the
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original condition and the tenant will need to pay for the whole cost of
getting the property back to the original condition.
In these cases, Housing Tasmania will ask the tenant to sign a Condition of
Property Plan so that it is clear what needs to be done by when. The
timeframe may be short if the alterations are structurally unsound.
If the property is not returned to the original condition as agreed, Housing
Tasmania may arrange for the building works to be completed and the cost
will be passed onto the tenant, either during the tenancy or on vacation,
whichever is relevant and appropriate.
If any alterations made without approval are determined when the tenant
vacates, the tenant will be charged.
If an organisation makes changes without approval, the Service Agreement
should be referenced and actioned as appropriate by Housing Tasmania.
Standard of the work
completed
Approved property changes must be done to a standard that Housing
Tasmania is happy with and that meets relevant building and regulatory codes.
Housing Tasmania may need to inspect the works on completion. If the
works are not finished well and within the timeframe determined by Housing
Tasmania, the tenant will be instructed either to return the property to the
original condition or to ensure the alterations are rectified to the required
standard. Inspection of the changes made may occur after the tenant has
vacated and costs may be passed on to the tenant at this time.
Condition of Property
Reports
Housing Tasmania completes home visits for the purpose of inspecting the
property condition.
If work on the property has been completed and Housing Tasmania is not
happy with it, the tenant may be required to return the property to the
original condition when they leave. This can happen with or without
permission from Housing Tasmania. Housing Tasmania may talk through this
with tenant at the time of the condition of property inspection.
Either way, tenants need to be aware of Section 11.1 (b) of the lease which
says:
“…When either of us lawfully terminates this Lease you must… leave the premises
as nearly as possible in the same condition as set out in the Condition Report apart
from reasonable wear and tear”
Housing Tasmania
maintenance
responsibilities
Housing Tasmania provides homes for people that are clean and in good
condition at the start of the tenancy. Maintenance and repairs will be
undertaken as it is needed.
Housing Tasmania will:
•
provide a house that is clean and in a satisfactory condition when the
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tenant moves in
•
ensure that all houses we manage continue to be safe and maintained
•
undertake emergency and urgent repairs as quickly as possible
•
undertake other repairs within 28 days, but sooner whenever we can.
Housing Tasmania is not responsible for the maintenance of renovations or
home improvements a current tenant may complete. Housing Tasmania will
not maintain any fixtures or fittings during a tenancy that have been installed
by the current tenant, such as additional heating, new carpet or screen doors.
In general, Housing Tasmania will not maintain non-standard items in
properties that may have been installed by previous tenants. Housing
Tasmania often needs to remove non-standard changes when they stop
working or are damaged beyond repair and to not replace such items.
Refunding money paid
for work completed
Any approved alteration work costs will be the responsibility of the tenant.
Housing Tasmania will not pay back public housing tenants for any changes or
work completed by the tenant, approved or otherwise.
For example, if the tenant installs security doors on a public housing home,
the cost of the security doors including installation and maintenance will be
the responsibility of the tenant.
Tenants may remove such items when they vacate, but the property must be
returned to the original condition. Any costs for work done to repair or
remove changes made after the tenant moves out will be passed onto the
tenant for payment. This can be very expensive, so it is important that
tenants understand the cost and this can include removal or changing it back
when they move out.
Purchase of property by
sitting tenant/s
Public housing tenants purchasing the property they are renting may have the
value of approved real estate improvements they have undertaken taken off
the purchase price.
Only works approved under this policy will be valued by the Office of the
Valuer General. As a consequence tenant chattels will not be included in the
valuation. Similarly landscaping (unless approved under this policy) and
gardens will not be included.
When properties are being sold to tenants, the Area Office will note any
changes the tenant may have made.
Future Property
Changes
If a request is approved by Housing Tasmania, the approval will only relate to
the specific request.
If a tenant wants to make any more alterations, the tenant must complete
another Tenancy Alteration Request Form before starting any more changes.
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The tenant must wait for a reply letter from Housing Tasmania.
Discretion
The Area Manager will make the final decision regarding requests made. The
Area Manager may ask for advice from other Housing Tasmania senior
managers in to help them make the decision.
In exceptional circumstances, the Area Manager may pass the request to the
Manager Housing Operations.
Where requests are made directly to another Housing Tasmania team, the
requests should be referred to the relevant Area Manager for processing.
Legal Framework
This Policy adheres to the Residential Tenancy Act 1997 where relevant.
Exemptions
n/a
Responsibilities/
Delegations
All Housing Operations staff are responsible for ensuring the appropriate
application of the policy. Area Managers are responsible for ensuring policy
application.
Disclaimer
This is a statewide policy and must not be re-interpreted so that subordinate
policies exist. Should discrete operational differences exist, these should be
expressed in the form of an operating procedure or protocol that must be
approved at the same level as this policy.
Audit and Compliance
Failure to comply with this policy, without providing a good reason for doing
so, may lead to disciplinary action.
Compliance with this policy is monitored by the Manager Housing Services,
through the delegated Area Managers.
Procedures and Forms
Tenant Property Changes Request Form
Related Policies
TBC
Glossary
n/a
Policy Title and Version
Tenant Property Changes v2.0
Effective Date
October 2013
Review Date
July 2019
Document Number
P2012/0178-015
Replaces Document Number
n/a
Custodian
Housing Tasmania, Social and Affordable Housing Policy
Approved by
Manager, Housing Operations
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This Policy may be varied, withdrawn or replaced at any time. Compliance with this directive is mandatory for the
Department of Health and Human Services. Please Destroy Printed Copies. The electronic version of this
Policy is the approved and current version and is located on the Agency’s intranet. Any printed version is
uncontrolled and therefore not current.
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