This policy sets out:

  • the expectation of tenants and people living within a public housing tenancy to be good neighbours
  • what conduct breaches the lease agreement and expectations of being a good neighbour
  • how the SA Housing Trust investigates and responds to complaints and breaches.

This policy is in line with the Residential Tenancy Act (1995) (external site) (external site) (external site) (external site) (external site) (external site) and the SA Housing Trust lease agreement, also known as the Conditions of Tenancy.

A public housing tenant is the person who signed  the lease agreement with the SA Housing Trust. The tenant is responsible for the tenancy and for the conduct of people residing or visiting at the property.

Everyone is entitled to live peacefully in their home regardless of where they live, or whether they rent or own a property. People are not expected to tolerate excessive noise or physical or verbal abuse from a neighbour.

Being a good neighbour includes:

  • being mindful of excessive noise levels - for example, loud music, loud tools, reducing noise at night and early morning
  • considering others when making noise - for example, give your neighbours notice before engaging in noisy activities
  • respecting others privacy
  • being responsible for your visitors.

The SA Housing Trust aims to:

  • let public housing tenants who are good neighbours and comply with their lease agreement to live in reasonable peace, comfort and privacy
  • minimise the impact to neighbours and the local community when there is poor behaviour by a public housing tenant
  • engage in early intervention and prevention strategies when required
  • help maintain tenancy whenever possible
  • take immediate action to end tenancies where there are serious misconduct  breaches.

Antisocial behaviour

The SA Housing Trust considers intentional or reckless behaviour that interferes with the reasonable peace, comfort or privacy of neighbours to be antisocial and therefore considers this to be a breach of the lease agreement.

Intentional or reckless behaviour are actions that are in the tenant's control.

Antisocial behaviour can include, but isn't limited to:

  • obscene language, bullying, threats, abuse, intimidation and harassment towards neighbours
  • unreasonable noise or nuisance
  • out of control parties
  • hateful or threatening behaviour targeting  someone because of perceived differences, for example ethnicity, gender, sexual orientation
  • issues around yards and communal areas, for example  vandalism, graffiti, limiting other tenants access to communal facilities, inappropriately disposing of rubbish
  • property damage.

Noise or activity associated with daily life, for example children playing, isn’t considered antisocial behaviour.

Reasonable noise and activity that is considered within normal cultural obligations and practice isn't considered antisocial behaviour, for example, large group of visitors attending for sorry business.

Serious misconduct

Serious misconduct is any action that is a serious breach of the lease agreement.

The SA Housing Trust will respond to any report or complaint of alleged serious misconduct.

Serious misconduct can include, but isn’t limited to:

  • using the property to produce or distribute exploitation material
  • using the property to manufacture, sell, cultivate or supply any prohibited drug
  • intentionally or recklessly damaging the property leaving it uninhabitable
  • assaulting or causing harm to people in the vicinity of the property.

If serious misconduct is substantiated, the SA Housing Trust will seek immediate action through the South Australian Civil and Administrative Tribunal to end the tenancy.

Tenancies are ended in line with the Ending a public housing tenancy policy.

Making a complaint

Complaints can be made about a SA Housing Trust tenancy if there may be a potential incident of antisocial behaviour or serious misconduct.

The person who makes the complaint is known as the complainant.

Tenants have the right to know about and respond to complaints made against them. They aren't told by the SA Housing Trust who made the complaint.

Complaints are made to the SA Housing Trust by either:

Substantiating antisocial behaviour or serious misconduct

The SA Housing Trust assesses all complaints to determine if the alleged behaviour or misconduct is:

  • within our authority
  • a breach of the lease agreement
  • requires further investigation
  • an immediate safety or  risk concern.

The SA Housing Trust won't investigate a complaint if it's not a breach of the lease agreement or the incident was not within the control of the tenant - for example, domestic abuse, cultural obligations.

Complaints that are outside of the SA Housing Trust's authority will be directed to the relevant  authority - for example, police, local council.

When investigating, the SA Housing Trust will:

  • give tenants and complainants  the chance to have their say
  • treat everyone fairly
  • consider all relevant evidence
  • source relevant information from other agencies.

A substantiated complaint is a breach of the lease agreement.

Responding to substantiated complaints

The SA Housing Trust will seek to refer tenants with a substantiated complaint to appropriate supports when required - for example, mediation, support services, other government agencies. Referrals can be made even if any of the following actions are being taken for a lease breach.

Immediate end of tenancy

The SA Housing Trust will take immediate action to end a tenancy through the South Australian Civil and Administrative Tribunal if there is substantiated serious misconduct.

Formal warnings

The SA Housing Trust issues formal written warnings for a substantiated antisocial behaviour complaint. Formal written warnings are active for 6 months from the date of incident. The SA Housing Trust monitors the tenancy and escalates the response if antisocial behaviour continues.

Conciliation conference

The SA Housing Trust generally aims to resolve ongoing antisocial behaviour issues through a conciliation conference by mutual agreement.

When a second formal written warning for antisocial behaviour is issued within 6 months, the SA Housing Trust may request a conciliation conference through the South Australian Civil and Administrative Tribunal.

Whilst tenant participation in a conciliation conference is voluntary, it is strongly recommended they attend as a conference may still take place without  the tenant's involvement.

As a result of a conciliation conference, the South Australian Civil and Administrative Tribunal may issue a behavioural order for an agreed time. If issued, the SA Housing Trust will monitor the conditions of a behavioural order until the date it ends.

If the SA Housing Trust and the tenant are unable to reach an agreement through a conciliation conference, or the SA Housing Trust has determined that conciliation would be inappropriate, this may result in the SA Housing Trust applying to end the tenancy.

Ending the tenancy

The SA Housing Trust will apply to the South Australian Civil and Administrative Tribunal to end a tenancy that has either three substantiated antisocial complaints within 6 months or breaks any conditions of a behavioural order.

Tenancies end in line with the Ending a public housing tenancy policy.

Lease non-renewal

Substantiated antisocial complaints are taken into account by the SA Housing Trust at the end of their current lease term when considering whether to renew or extend a tenant's lease. Where there have been one or more substantiated antisocial complaints, the SA Housing Trust may choose to not renew or extend a tenant's lease in line with the Probationary and fixed term lease agreements policy.

Excluded from SA Housing Trust tenancies

The SA Housing Trust will exclude tenants if either:

  • the tenancy ended because of substantiated antisocial behaviour or serious misconduct
  • they left the property with an active substantiated serious misconduct breach
  • they left the property before an order for possession could be issued or served by the South Australian Civil and Administrative Tribunal
  • their lease agreement wasn't renewed or extended because of substantiated antisocial behaviour.

The SA Housing Trust  may also apply an exclusion to:

  • tenants who leave the property with an active substantiated antisocial complaint and had repeated antisocial behaviour during the tenancy
  • other occupants who directly contributed to substantiated serious misconduct breaches.

Exclusions are active for 12 months from the date the tenancy ends and applies to:

Any requests after an exclusion period for SA Housing Trust tenancy services - for example registering for housing, living or being a caretaker in a tenancy, may include additional requirements be met by an excluded customer before being granted those services.

Controlling documents

This policy is based on and complies with:

Supporting procedures

  • Good neighbour procedures v1.0

Related policies and other documents

Date this policy applies from

17 September 2025

Version number

1

The online version of the policy is the approved and current version. There’s no guarantee any printed copies are current.