The Department of Communities manages disruptive behaviour in accordance with its disruptive behaviour management strategy and Rental Policy.
Once a report of disruptive behaviour is received and determined as falling within the Residential Tenancies Act 1987, the Department will investigate the incident in accordance with principles of procedural fairness. This includes giving the tenant an opportunity to respond to the complaint.
If the incident breaches the Residential Tenancies Act 1987, the Department of Communities will take appropriate action. Our response will be proportionate to the behaviour, which may include seeking to terminate the tenancy, in line with the Rental Policy.
Support for tenants
Communities works closely with tenants, other government and support agencies and community organisations to assist and encourage tenants to meet their tenancy obligations and sustain their tenancies.
The disruptive behaviour management strategy is based on the principles of providing tenants with the opportunity to resolve tenancy concerns and modify behaviour (with relevant assistance), while also providing clarity and standards for tenants and the community on the consequences of ongoing disruptive behaviour.
The strategy includes appropriate referrals to support services, including Thrive, and the Department of Communities’ Child Protection and Family Support services where relevant.
If you are a public housing tenant and would like more information about available support services, please contact your local Department of Communities office.
Terminating a tenancy
If the behaviour is in breach of the Residential Tenancies Act 1987, a strike may be issued against the tenancy. If a final strike is issued, the Housing Authority may begin the process to terminate the tenancy.
The Housing Authority does not have the authority to evict a tenant without a court order. The decision to evict a tenant is exclusive to the Magistrates Court. When seeking to evict a tenant, the Housing Authority must produce evidence which corroborates the incidents of disruptive behaviour and the Magistrate must be satisfied that the behaviour justifies terminating the agreement.