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 or Tenancy Agreement, 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 has an interest in 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 Transfer 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

Housing SA may approve transferring the tenancy to a family member who hasn’t been verified as living in the property for at least 12 months 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:

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 Transfer 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 registrant’s household.

Related information

Controlling documents

This policy is based on and complies with:

  • Conditions of Tenancy
  • Tenancy Agreement

Supporting guideline

  • Tenancy succession guidelines v2

Related policies and other documents

Date this policy applies from

14 April 2020

Version number

2

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