Southern Cross Community Housing

02 4421 5145

Tenants Vacating Info

Tenants Vacating Info

Vacating your property

When your tenancy ends for other reasons.

The type of tenancy you have with us will affect exactly how and why you have to move if you have not breached your Residential Tenancies Agreement.
In all of these situations you will be issued with a Notice to Terminate giving reasons for ending the tenancy, and we will talk to you about your options.
We hope we will be able to assist you move to somewhere else that suits your needs and that you will be happy to move when we ask you to. We may be able to help you with removal costs if the move was not your decision.
You do not have to move before the Tribunal makes an Order of Possession.

Tenancies where the head landlord is the Government and the property is intended for long term use by Community Housing

Some of our properties are provided to us by Government for long term housing.
You will have a continuing agreement with us to occupy your home.

Tenancies where the head landlord is a private owner

Some of our properties are rented from private owners and Government agencies. Your tenancy agreement will reflect our agreement with the head landlord and may be fixed term or continuing. We will only end your tenancy for reasons outside our control.

Notice Periods Required by a Landlord:
 
30 days – if the fixed term of the agreement is due to end
30 days – if the premises have been sold after the fixed term has ended and vacant possession is required by the buyer under the terms of the sale contract
90 days – if the fixed term period has expired and no new agreement has been signed.

 

When our tenancy with the head landlord ends, it automatically ends your tenancy with us. We will discuss your needs at the time and offer you somewhere else to live and a new tenancy with us, and may be able to help with your moving expenses.

Tenancies where the property is intended for short term use by Southern Cross Community Housing

Some of our properties are funded for medium term housing, and therefore or it is intended for use only as a temporary place to stay. We may be unable to offer you further housing after the end of the fixed term. We will assist you with referrals to other housing providers if you need our help.

End of tenancy when your joint tenant leaves

Your tenancy automatically ends if one of a number of joint tenants leaves. We will decide whether to sign a new agreement with the remaining tenant or to rehouse them in another property

Moving out because you need to

If your needs change (for example, if the number of people in your household goes up or down, or you need to be in a different area or a different type of property) or if there are other reasons you do not want to continue living in your current housing, you can apply for a transfer to another property. If we agree to rehouse you and you agree to accept the property we offer you, your current tenancy will end. You will start a new tenancy in the new property.

Moving because we have asked you to

Sometimes we may ask you to move to another property. You do not have to agree, and we will not issue you with a Notice to Terminate when we make the request. The reasons we may ask you to move are:

  • You are in breach of your agreement and we think a move to another property and a new tenancy with us will solve the problem for you and for us, and we are willing to do this as an alternative to issuing you with a Notice to Terminate and making an application to the Tribunal for an Order of Possession
  • your property has more bedrooms than you need for your current household (this is called ‘under-occupancy’, which in this organisation means having two or more permanently unoccupied bedrooms)
  • your property has less space than you need for your current household (this is called ‘over-occupancy’, which in this organisation means having unrelated adults sharing a bedroom, adults sharing a bedroom with children, children of different sexes over the age of 11 sharing a bedroom, adults who need a separate bedroom for medical reasons being forced to share a bedroom, or when the number of people in the house or the number of young children sharing a bedroom is causing excessive wear and tear or damage to the property.
  • your property has modifications or special features that are specifically required by another tenant or applicant, and are not required by any member of your household

In all these cases we will only ask you to move.
You can say you don’t want to. We will make you an offer of housing somewhere else and try to meet your requirements. If you accept the offer, we may help with your moving expenses.
If the reason we are suggesting the move is related to a tenancy breach, and you refuse the offer, we may take action to terminate your tenancy.

SCCH Process for Eviction Pamphlet

Ending your Tenancy

We hope that your tenancy with us will be secure and for as long as you need it.

The circumstances in which your tenancy can end are:

  • we give you a Notice to Terminate and you agree to move or the Consumer Trader & Tenancy Tribunal (CTTT) orders that we can take possession you want to move somewhere else and you give us notice you agree to transfer to another of our properties.
  • you leave without telling us and we can prove the property has been abandoned the Tribunal orders that we can take possession.
  • Being evicted because you have breached your tenancy conditions.
  • If you breach your tenancy conditions we may issue you with a Notice to Terminate.
  • If the breach is not sorted out, we may apply to the Tribunal to end to your tenancy.
  • If either of these things happens, you should immediately seek tenancy advice.
  • Tenancy Advice and Advocacy Services that can help you are listed in The Renting Guide which is your Tenant Information Pack.
  • Your tenancy does not end until you choose to move out or the matter goes before the Consumer Traders & Tenancy Tribunal. You do not have to move before the Tribunal makes an Order of Possession.

Thinking about moving?

Discuss your options with us. If you are not absolutely certain that moving away from our housing is right for you, talk to us about how we might be able to help. For example, we may be able to:

  • fix a problem with your house or our service to you;
  • consider your request for a transfer to another of our properties;
  • refer you to other services that can offer you support or practical help.
  • If you are a joint tenant and only one of you is moving, it is very important to talk to us about what options there are for the remaining tenant.
  • The same applies if you want to leave and some members of your household, who are not currently tenants, want to stay they may be eligible to succeed your tenancy.

Give us as much notice as you can.

We can plan things better if we have advance warning.

The minimum notice we ask for is 14 days at the end of a fixed term or 21 days during a fixed term or continuing agreement. You can change your mind during this notice period, without any penalty from us.

If you are unable to give us the minimum notice, talk to us about what to do. We may be able to accept a shorter notice period. Remember you are legally responsible for the property and your tenancy until the notice period expires, unless we agree to end your tenancy earlier.

When you give us notice, we will arrange a time with you to do the end of tenancy condition report.

It is best to do this after you have removed all your furniture and belongings and cleaned the property.

PLEASE COMPLETE THE ‘NOTICE OF INTENTION TO VACATE’ FORM PROVIDED

 

Nowra Family Support
Milton Ulladulla Family Support
Monaro Family Support
Moruya Women & Childrens Services
SAHSSI: Supported Accommodation & Homelessness Services Shoalhaven Illawarra
CareSouth Nowra
Waminda South Coast Women's Health and Welfare Aboriginal Corporation
Habitat Personnel Nowra
Salvation Army
Richmond PRA Nowra
Yumaro Incorporated Moruya
Disability Trust Nowra
Ulladulla & Districts Community Resource Centre
Tenant Participation Resource Service
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