- Transferring a tenancy to a partner
- Transferring a tenancy to a family member
- Intervention orders
- Lease agreements
- Property isn't appropriate for the household
This policy sets out when a tenancy can be transferred from the tenant to another person in the tenant’s household, known as a tenancy succession. This includes tenancies in:
- public housing
- Aboriginal housing
- housing managed by Housing SA in an Aboriginal community
The tenant is the person who signed the lease agreement, also known as the Conditions of Tenancy, with Housing SA.
Transferring a tenancy to a partner
Housing SA approves transferring the tenancy to the tenant’s partner if all the below conditions are met:
- the tenant dies or leaves the property
- the person was the tenant’s partner when the tenant died or left
- the partner’s verified as living in the property when the tenant died or left
- no one in the household owns or partly owns residential property in line with the Property ownership policy, except if it’s housing managed by Housing SA in an Aboriginal community
If it’s an Aboriginal housing property, the partner must also either verify they’re of Aboriginal and/ or Torres Strait Islander descent or meet all the conditions below:
- they have custodial care of at least 1 of the tenant’s children
- the tenant’s child will live in the house as a permanent household member from the time the tenancy’s transferred to the partner
- the tenancy will be transferred to the tenant’s child when they receive an independent income
If the partner has to leave an Aboriginal housing property because they’re not eligible to have the tenancy transferred to them, they’re approved for Category 1 to transfer to a public housing property in line with the Relocations policy. The property isn’t transferred from Aboriginal housing to public housing.
If it’s housing managed by Housing SA in an Aboriginal community, the partner must verify they’re of Aboriginal and/ or Torres Strait Islander descent or meet both the conditions below:
- they have custodial care of Aboriginal children
- the community’s local governing body confirms the partner is connected to the community
Transferring a tenancy to a family member
Housing SA approves transferring the tenancy to a family member, for example the tenant’s child, if all the below conditions are met:
- the tenant dies or leaves the property
- the family member’s verified as living in the property for at least 12 months immediately before applying for the tenancy to be transferred to them, if it’s public or Aboriginal housing
- the family member’s eligible for housing in line with the Eligibility for housing policy
- the tenancy hasn't previously been transferred to either a family member or partner, if it’s public or Aboriginal housing
If the family member hasn't been verified as living in the property for at least 12 months, Housing SA may approve transferring the tenancy if they’re eligible for Category 1 or 2 in line with the Eligibility for housing policy.
If it’s an Aboriginal housing property, the family member must also verify they’re of Aboriginal and/ or Torres Strait Islander descent.
Intervention orders
Housing SA will transfer a tenancy to a protected person under an intervention order if all the below conditions are met:
- the court confirms or issues a final intervention order
- the defendant’s the tenant
- the intervention order prohibits the defendant from being at the property where the protected person lives
- the protected person’s eligible for the tenancy to be transferred to them in line with this policy
Tenancy orders
If a court grants an order to transfer the defendant’s lease agreement to another person specified by the court, Housing SA consents to it if the specified person’s eligible to have the tenancy transferred to them in line with this policy.
Housing SA holds any bond the defendant paid to Housing SA as the bond for the specified person who’s now responsible for the tenancy.
Lease agreements
When a tenancy is transferred to another person it’s a new tenancy.
If the tenancy’s being transferred to a partner, they’re offered the same type of lease agreement the original tenant had, for example if the original tenant had an ongoing lease agreement, their partner’s offered an ongoing lease agreement.
If the tenancy’s transferred to a family member, they’re offered:
- a lease agreement in line with the Probationary and fixed term lease agreements policy for public and Aboriginal housing tenants
- an ongoing lease agreement, also known as a periodic lease agreement, for tenants of housing in an Aboriginal community
If the tenancy’s transferred as a result of a tenancy order, the specified person’s offered a lease agreement in line with the conditions of the tenancy order.
Property isn’t appropriate for the household
If the property isn’t appropriate for the size of the household, for example a single person in a 3 bedroom house, Housing SA asks the new tenant to transfer to a more appropriate property in line with the Relocations policy.
Housing SA uses the Occupancy standards in public housing to determine what size of public or Aboriginal housing property would be appropriate for the tenant's household.
Related information
Controlling documents
This policy is based on and complies with:
- Lease agreement (Conditions of Tenancy)
Supporting guideline
- Tenancy succession guidelines v3
Related policies and other documents
- Eligibility for housing policy
- Income and asset limits
- Occupancy standards in public housing
- Probationary and fixed term lease agreements policy
- Property ownership policy
- Relocations policy
Date this policy applies from
8 March 2023
Version number
3
The online version of the policy is the approved and current version. There’s no guarantee any printed copies are current.