Western Australian Numbered Acts Western Australian Numbered Acts After section 70
insert:
Division 3 — Special provisions about terminating social
housing tenancy agreements
In this
Division —
criteria means the criteria approved under
section 71E;
Housing Authority means the Housing Authority
referred to in the Housing Act 1980 section 6(4);
Minister for Housing means the Minister to whom
the administration of the Housing Act 1980 is committed;
social housing premises means residential premises
let by a social housing provider under a social housing tenancy agreement, but
does not include any premises that are excluded by regulation from the ambit
of this definition;
social housing provider means any of the
following —
(a) the
Housing Authority;
(b) a
body or person prescribed, or of a class prescribed, for the purposes of this
definition;
social housing tenancy agreement means a
residential tenancy agreement in respect of social housing premises, but does
not include any agreement that is excluded by regulation from the ambit of
this definition.
This Division does not
limit the operation of the other provisions of this Part in relation to
residential tenancy agreements that are social housing tenancy agreements.
Subdivision 2 — Notice of termination where tenant not
eligible for social housing premises
71C. Notice of termination by lessor on ground
that tenant not eligible for social housing premises
A lessor under a
social housing tenancy agreement may give notice of termination of the
agreement to the tenant on the ground that the lessor has determined, as the
result of an assessment carried out under section 71D, that the tenant is
not eligible to reside in social housing premises, or to reside in the class
of social housing premises to which the agreement relates.
71D. Assessment of tenants eligibility for social
housing premises
(1) In carrying out an
assessment of the eligibility of a tenant under a social housing tenancy
agreement (the agreement ) to reside in social housing premises, or to reside
in the class of social housing premises to which the agreement relates, the
lessor is to apply the criteria approved under section 71E for the
purposes of this Subdivision.
(2) The lessor may
request the tenant to provide any information that is reasonably required to
enable the lessor to determine whether the tenant meets the criteria for the
purposes of an assessment under this section.
(3) If the tenant
refuses to provide any such information to the lessor, the lessor may
determine, without further inquiry, that the tenant is not eligible to reside
in social housing premises, or to reside in the class of social housing
premises to which the agreement relates.
(4) In the case of a
social housing tenancy agreement that creates a tenancy for a fixed term, an
assessment under this section may not be carried out prior to 6 months
before the end of the term.
71E. Criteria for assessing eligibility of tenants
for social housing premises under section 71D
(1) The Minister for
Housing is to approve criteria for the purposes of this Subdivision.
(2) The criteria may
differ from the criteria used to assess a person’s eligibility to
commence residing in social housing premises, or in a particular class of
social housing premises.
(3) The criteria must
not relate to whether or not a tenant has complied with any term of a
residential tenancy agreement.
(4) The criteria must
be made publicly available.
(5) A copy of the
criteria must be provided, on request, to any tenant under a social housing
tenancy agreement free of charge and to other persons either free of charge or
on payment of the reasonable cost incurred in copying the criteria.
71F. Review of decision to give notice on ground
that tenant not eligible for social housing premises
(1) Before giving
notice of termination of a social housing tenancy agreement to a tenant on the
ground referred to in section 71C, the lessor must advise the tenant of
the decision to do so by notice in writing.
(2) A notice given
under this section must —
(a)
contain particulars of the reasons why the tenant is no longer considered
eligible to reside in the premises; and
(b)
state that the tenant may apply to the lessor for a review of the decision
within 30 days after the notice is given and give particulars of how such
an application may be made; and
(c)
state that the tenant is entitled to make representations to the lessor in
writing, or (if the tenant wishes) orally, as to why the agreement should not
be terminated.
(3) The tenant may, in
accordance with the notice —
(a)
apply to the lessor for a review of the decision; and
(b) make
representations in writing, or (if the tenant wishes) orally, to the lessor as
to why the agreement should not be terminated.
(4) If the tenant
applies to the lessor for a review under this section, the lessor must review
the decision, in accordance with any procedures approved by the Minister for
Housing for the purposes of this section, and consider any representations
made by the tenant.
(5) After the review
is carried out, the lessor may —
(a) give
notice of termination of the agreement on the ground referred to in
section 71C; or
(b)
advise the tenant, by notice in writing, that the lessor has decided not to
give notice of termination of the agreement.
71G. Time periods to be observed where notice of
termination given under this Subdivision
(1) A notice of
termination of a social housing tenancy agreement cannot be given to a tenant
on the ground referred to in section 71C before the later of the
following —
(a) the
end of the 30 day period within which the tenant may apply for a review
under section 71F of the decision to give notice of termination;
(b) the
end of any such review carried out in respect of that decision.
(2) The notice of
termination cannot specify as the day on which vacant possession of the
premises is to be delivered up to the lessor a day that is earlier
than —
(a) in
the case of a social housing tenancy agreement that creates a tenancy for a
fixed term, 60 days after the day on which the notice is given or the day
the term of the agreement ends, whichever is the later; or
(b) in
any other case, 60 days after the day on which the notice of termination
is given.
Subdivision 3 — Notice of termination where tenant
offered alternative social housing premises
71H. Notice of termination by lessor where tenant
offered alternative social housing premises
A lessor under a
social housing tenancy agreement may give notice of termination of the
agreement (the existing agreement ) to the tenant on the ground that the
lessor has offered to enter into a new social housing tenancy agreement with
the tenant in respect of alternative premises to the premises the subject of
the existing agreement.
71I. Review of decision to give notice on ground
that tenant offered alternative social housing premises
(1) Before giving
notice of termination of a social housing tenancy agreement to a tenant on the
ground referred to in section 71H, the lessor must advise the tenant of
the decision to do so by notice in writing.
(2) The lessor may
make the offer to enter into a new social housing tenancy agreement and give
notice of the decision at the same time.
(3) A notice given
under this section must —
(a)
contain particulars of the reasons why the lessor wishes the tenant to move to
alternative premises; and
(b)
state that the tenant may apply to the lessor for a review of the decision
within 30 days after the notice is given and give particulars of how such
an application may be made; and
(c)
state that the tenant is entitled to make representations to the lessor in
writing, or (if the tenant wishes) orally, as to why the existing agreement
should not be terminated.
(4) The tenant may, in
accordance with the notice —
(a)
apply to the lessor for a review of the decision; and
(b) make
representations in writing, or (if the tenant wishes) orally, to the lessor as
to why the existing agreement should not be terminated.
(5) If the tenant
applies to the lessor for a review under this section, the lessor must review
the decision, in accordance with any procedures approved by the Minister for
Housing for the purposes of this section, and consider any representations
made by the tenant.
(6) After the review
is carried out, the lessor may —
(a) give
notice of termination of the existing agreement on the ground referred to in
section 71H; or
(b)
advise the tenant, by notice in writing, that the lessor has decided not to
give notice of termination of the existing agreement; or
(c) make
a new offer to the tenant to enter into a new social housing tenancy agreement
in respect of alternative premises that differ from those the subject of the
offer in respect of which the review was carried out.
(7) If a new offer is
made under subsection (6)(c), subsections (1) to (6) apply in
relation to giving notice of termination in connection with the new offer.
(8) If the situation
referred to in subsection (7) applies, the lessor is required to give a
second notice, and the tenant is entitled to a second review, under this
section, however, the lessor is not required to give any further notice, and
the tenant is not entitled to any further review, under this section in
relation to giving notice of termination following a second review.
71J. Time periods to be observed where notice of
termination given under this Subdivision
(1) A notice of
termination of a social housing tenancy agreement cannot be given to a tenant
on the ground referred to in section 71H before the later of the
following —
(a) the
end of the 30 day period within which the tenant may apply for any review
under section 71I of the decision to give the notice of termination;
(b) the
end of any such review carried out in respect of that decision.
(2) Despite
subsection (1), if the lessor and tenant enter into a new social housing
tenancy agreement before the end of that 30 day period or any such
review, the notice of termination may be given on or after the day on which
they enter into the new agreement.
(3) The notice of
termination cannot specify a day earlier than 60 days after the day on
which the notice is given as the day on which vacant possession of the
premises the subject of the existing agreement is to be delivered up to the
lessor, unless it specifies an earlier day to which the tenant has consented.
(4) The notice of
termination is ineffective unless the alternative premises in connection with
which the notice of termination is given are available for occupation no later
than 7 days before the date specified in the notice as the day on which
vacant possession is to be delivered up to the lessor.
(5) In the case of a
social housing tenancy agreement that creates a tenancy for a fixed term, the
notice of termination is not ineffective merely because a day earlier than the
day on which the term ends is specified as the day on which vacant possession
is to be delivered up to the lessor.