❓ Mr. Wyatt questions the Department of Housing on its use of Fixed Term Tenancy Agreements, particularly regarding demographics and termination practices. The Minister provides some data but declines to provide detailed demographic information due to resource constraints.
AnsweredQoN 3195Legislative Assembly
QuestionView source ↗
I refer to the subsection 72(2) of the Residential Tenancies Act , which provides the Department of Housing (the Department) with the means to offer Fixed Term Public Housing Tenancy Agreements, and Termination of these agreements by the Department of Housing Without Grounds, and I ask: (a) could the Minister please provide details of the gender of each person offered a Fixed Term Tenancy Agreement by the Department over the last three years; (b) could the Minister please provide details of the age of each person offered a Fixed Term Tenancy Agreement by the Department over the last three years; (c) could the Minister please provide details of the number of Indigenous clients offered a Fixed Term Tenancy Agreement by the Department over the last three years, as well as what percentage this comprised of the entire amount of Fixed Term Agreements offered by the Department over this period; (d) how many Fixed Term Tenancy Agreements has the Department offered each year, for the last three years; (e) of all of the Fixed Term Tenancy Agreements offered by the Department over the last three years, how many were offered to new tenants not previously housed by the Department of Housing; (f) under what circumstances does the Department offer Fixed Term Tenancy Agreements; (g) under what circumstances does the Department terminate Fixed Term Tenancy Agreements at the end of the fixed term period; and (h) is there a written policy governing the use of Fixed Term Tenancy Agreements by the Department, and if so, where can that policy be found?
AnswerView source ↗
Answered
17 February 2015
Responded by
Minister representing the Minister for Housing
Response time
90 days
(a)-(c), (e): The Department of Housing advises that, while it is able to provide historical data on the total number of fixed term tenancy agreements entered into over the last three financial years, it is unable to provide the further detail requested in relation to these agreements. Provision of the detailed information sought would require considerable research diverting staff from their normal duties. I am not prepared to divert the significant resources required to provide the requested information.
(d) 2011-12: 1,027 agreements, relating to 487 tenancies.
2012-13: 1,166 agreements, relating to 480 tenancies.
2013-14: 773 agreements, relating to 364 tenancies.
Multiple fixed term agreements may be signed for one property over the course of a year.
(f) The Department utilises fixed term tenancy agreements in a range of circumstances where it is determined that the applicant requires a higher than usual level of tenancy management to assist them to maintain a successful tenancy. Approval, renewal and the termination of fixed term tenancies must be endorsed by regional management.
The justification for a fixed term tenancy, including the expectations on the tenant about disruptive behaviour, property standards and maintaining rental payments, is endorsed as part of the approval process and recorded on the tenant's client management file. The Department's expectations are clearly communicated to the tenant, including the potential consequences of non-compliance.
(g) The Department may elect not to renew a fixed term tenancy agreement where a tenant has failed to meet their tenancy obligations as stipulated in the tenancy agreement. A review is undertaken prior to the expiry of a fixed term tenancy agreement and the decision regarding the future of the tenancy is endorsed by regional management.
(h) The Department complies with the Housing Act 1980 and Residential Tenancies Act 1987 in providing tenancies, whether they be of a fixed term or periodic. The decision to enter into a fixed term tenancy with a tenant is governed by the Department's Discretionary Decision Making Policy, which is available on the Department's website. Service Delivery procedures dictate the management of fixed term tenancy agreements.
(d) 2011-12: 1,027 agreements, relating to 487 tenancies.
2012-13: 1,166 agreements, relating to 480 tenancies.
2013-14: 773 agreements, relating to 364 tenancies.
Multiple fixed term agreements may be signed for one property over the course of a year.
(f) The Department utilises fixed term tenancy agreements in a range of circumstances where it is determined that the applicant requires a higher than usual level of tenancy management to assist them to maintain a successful tenancy. Approval, renewal and the termination of fixed term tenancies must be endorsed by regional management.
The justification for a fixed term tenancy, including the expectations on the tenant about disruptive behaviour, property standards and maintaining rental payments, is endorsed as part of the approval process and recorded on the tenant's client management file. The Department's expectations are clearly communicated to the tenant, including the potential consequences of non-compliance.
(g) The Department may elect not to renew a fixed term tenancy agreement where a tenant has failed to meet their tenancy obligations as stipulated in the tenancy agreement. A review is undertaken prior to the expiry of a fixed term tenancy agreement and the decision regarding the future of the tenancy is endorsed by regional management.
(h) The Department complies with the Housing Act 1980 and Residential Tenancies Act 1987 in providing tenancies, whether they be of a fixed term or periodic. The decision to enter into a fixed term tenancy with a tenant is governed by the Department's Discretionary Decision Making Policy, which is available on the Department's website. Service Delivery procedures dictate the management of fixed term tenancy agreements.
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