Tenancy Management Manual
Chapter 8
Temporary Absence
October 2012
Temporary Absence
October 2012
Published by the Victorian Government, Department of Human Services, Melbourne, Victoria,
Australia.
Copyright State of Victoria, Department of Human Services, 2012.
This publication is copyright. You may make limited copies of this document in accordance with the
Copyright Act 1968 (Cth), including copies for research, study, criticism, review or news reporting.
Apart from this, you may not publish, reproduce, adapt, modify, communicate or otherwise use any
part of this document (in particular for commercial purposes).
Authorised by the State Government of Victoria, 50 Lonsdale Street, Melbourne.
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Table of Contents
8.1
DEFINITIONS ........................................................................................................................ 5
8.2
PURPOSE AND SCOPE ...................................................................................................... 7
8.3
TEMPORARY ABSENCE POLICY ...................................................................................... 8
8.3.1
8.3.2
8.3.3
8.3.4
8.3.5
8.3.6
8.3.7
8.3.8
8.3.9
8.3.10
8.3.11
8.3.12
8.3.13
8.3.14
8.3.15
8.4
Introduction ........................................................................................................ 8
Reasons for temporary absence ........................................................................ 8
Reduced rent where special circumstances exist .............................................. 8
Rent payable ...................................................................................................... 9
More than one tenant is absent due to special circumstances ........................ 10
Residents /or co-tenants/ carers remain at the property ................................. 10
Special circumstances do not apply ................................................................ 10
Water and service charges .............................................................................. 10
Maximum allowable period of temporary absence .......................................... 11
Approval beyond the six months ...................................................................... 11
Resident is absent ........................................................................................... 12
Request to sublet ............................................................................................. 12
Where a sole tenant voluntarily relinquishes tenancy rights ........................... 13
Tenant will be or has been absent for six months ........................................... 13
Sole tenant absent for part of week ................................................................. 13
TEMPORARY ABSENCE PROCEDURES ........................................................................ 14
8.4.1
8.4.2
8.4.3
8.4.4
8.4.5
8.4.6
8.4.7
8.4.8
8.4.9
8.4.10
8.4.11
8.4.12
8.4.13
8.4.14
8.4.15
8.4.16
8.4.17
8.4.18
8.4.19
8.4.20
8.4.21
8.4.22
Advance notification of absence ...................................................................... 14
Where the Department is advised after the sole tenant or entire household has left
the property ...................................................................................................... 14
If the sole tenant or entire household cannot be located ................................. 16
Special Circumstances .................................................................................... 16
Assessing the rental rebate ............................................................................. 17
Applying a Subsidy .......................................................................................... 17
Special circumstances do not apply ................................................................ 18
Fixed Rent Effective Dates (FRED) ................................................................. 18
Complete checklist ........................................................................................... 18
Extension beyond six months .......................................................................... 18
One month prior to expiry of six months .......................................................... 19
Tenant terminates tenancy .............................................................................. 20
Where the sole tenant or entire household has been absent for the approved six
months or will be absent more than six months .............................................. 20
Sending notices to an interstate address ........................................................ 22
Household returns prior to hearing .................................................................. 23
Preparing for and attending a VCAT hearing .................................................. 23
Order for Possession granted .......................................................................... 23
Tenant returns prior to the eviction date .......................................................... 24
Property is being occupied by Occupants Unknown to the Department or
squatters .......................................................................................................... 24
48 Hour Briefing Note ...................................................................................... 24
Execute Warrant of Possession....................................................................... 25
Warrant application outcome ........................................................................... 25
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8.5
APPENDICES ..................................................................................................................... 26
8.5.1
8.5.2
8.5.3
8.5.4
8.5.5
8.5.6
8.5.7
8.5.8
8.5.9
8.5.10
8.5.11
8.5.12
8.5.13
8.5.14
8.5.15
8.5.16
Temporary Absence Notification Form ............................................................ 26
Temporary Absence Letter – Sole Tenant, Special Circumstances Apply ...... 29
Temporary Absence Letter – Joint Tenant (or Remaining Household Members)
Special Circumstances Apply .......................................................................... 30
Temporary Absence Letter – Sole Tenant or Entire Household – Special
Circumstances Do Not Apply ........................................................................... 31
Temporary Absence Checklist ......................................................................... 32
Fifth Month of Absence .................................................................................... 34
Letter Advising Eligibility to Reapply ................................................................ 35
Memorandum – Director – Six month expiry ................................................... 36
Letter – Tenant has been absent longer than six months ............................... 39
Sole (or Entire Household) intends to be absent longer than six months with
Special Circumstances (note the six month period has not actually expired) . 41
Memorandum – Director – Intend to be longer than six months (not actually
expired at this stage) ....................................................................................... 43
Form 4 .............................................................................................................. 45
Affidavit of Service ........................................................................................... 46
48 Hour Eviction Briefing Note ......................................................................... 48
Warrant Application Outcome (Warrant Executed) ......................................... 49
Warrant Application Outcome (Warrant Lapsed) ............................................. 50
Note: Appendices have been highlighted and linked throughout the Chapter in blue italic text.
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8.1
Definitions
Term
Definition
Dependant
Person under 18 years of age, not receiving an independent income and
who is living in a tenant’s household in the care of the tenant, spouse or
resident.
Early Housing
Allocation
Applicants who meet the criteria for Early Housing Allocation can be
allocated housing before other applicants on the waiting lists who may have
earlier effective dates. Examples of early housing allocation are Police
Witness Protection Program, Victorian Emergency Management
Procedures, Homeless with Support category, Special Housing Needs
category, Property Management Transfers and HOLS conversions.
Effective Date
The date an application is received by the Department. This determines the
order in which housing is offered to applicants on the waiting lists.
HiiP
The computer system developed for use by operational staff to manage the
delivery of housing services.
Independent
Income
Income received by person who is eligible in his or her own right.
Joint Tenants
All signatories to a Residential Tenancy Agreement who are jointly and
severally responsible for the tenancy.
Market Rent
The rental amount specified in the Residential Tenancy Agreement,
calculated as the amount the Director of Housing could receive for the
property in the private rental market. Market rents are based on property
valuations by an independent valuer and are generally reviewed annually.
Occupant unknown
to the Department
A person who is not party to the Tenancy Agreement and lives with a
tenant/resident in a Departmental rented property. The Director has not
formally been advised that the occupant is part of the household via
inclusion on the household rental rebate application. They are therefore
‘unknown’ to the Director.
Outstanding
Charges
Costs that have been charged against a tenancy where the due date for
payment has expired.
Rebate
Amount of subsidy a tenant is entitled to after calculation of their rent
payable. The rent payable is the market rent less the rebate.
Rebated Rent
Amount of rent actually paid by a tenant who is entitled to a rental rebate,
assessed on the gross income of the tenant(s) and their household. The
rebated rent is the market rent less the rebate.
Rent Payable
See Rebated Rent.
Rental Subsidy
A grant or payment given to a tenant to reduce their rent payable. It is
different from a rental rebate, which is assessed on the household income,
and can only be applied to an account following approval by a Housing
Services Manager.
Resident
A member of a household who is not party to the Residential Tenancy
Agreement and lives with a tenant in rented property for three or more
nights per week. The resident must be included in the household rental
rebate application and their income and assets included in the rental rebate
assessment.
Residential
Tenancy
Lease under the Residential Tenancies Act 1997 (RTA) that the
Department and the tenant(s) sign, setting out the rights and
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Agreement
responsibilities of the Department and those of the tenant(s).
Service
Identification
number
Ten digit number assigned to a housing application or bond loan by HiiP,
when an application is first entered into HiiP. This is subsequently used for
the tenancy account. Service identification numbers are unique.
Service Charge
A charge that the Department adds to the rent payable for the provision of
hot water, heating and the use of communal laundries to high-rise and
walk-up housing.
Statutory
Declaration
Document accepted by the Department to confirm details as provided by
the client. False declarations can be prosecuted under Section 40 of the
Housing Act 1983.
Tenant
A person who has signed a tenancy agreement with the Director of
Housing and who therefore has all the tenancy rights and responsibilities
as specified in the tenancy agreement.
Vacated Account
A tenancy account that has been terminated on HiiP once the Department
has regained vacant possession of the premises.
Valid Offer
Offer of housing that has been confirmed as corresponding with the
applicant’s preferred waiting list area, household size they are eligible for
and any special accommodation requirements the applicant may have.
Waiting List
The Department’s record of all applications for rental housing. It is
separated into lists for the different geographical areas that are divided
according to housing size. Generally applications are listed in effective date
order, except where the application has been approved for an early
housing allocation.
Wait-turn Housing
Applicants allocated Departmental rental accommodation in effective date
order, (except where approved for an early housing allocation).
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8.2
Purpose and Scope
Aim
The aim of the temporary absence policy is to balance the need for sole tenants and households to be
temporarily absent from the rented premises with the Director of Housing’s (the Director) aim of
ensuring that housing stock is effectively and efficiently utilised.
Purpose
The purpose of this chapter is to outline the processes by which the Department of Human Services
(the Department) manages tenancies where the sole tenant or the entire household is temporarily
absent from their property.
This chapter aims to ensure that the Department provides fair and consistent application of policy for
all tenants and residents.
Scope
The policy and procedures of this chapter in conjunction with the Housing Assistance Consumer
Charter applies to all tenants, residents and applicants of the Department.
How to use this chapter
The procedures should be read in association with the policy, and where appropriate, referral should
be made to other Departmental manuals and documents to ensure the intent of the policy is achieved
when administering procedures.
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8.3
8.3.1
Temporary Absence Policy
Introduction
 Allocations Manual
Policy overview
 The Department understands household members may at times need to be absent from their
property for an extended period, this is balanced with the need to ensure that housing stock is
effectively and efficiently utilised due to its high demand.
Therefore a sole tenant or entire household may be absent from the rented premises for up to six
months for any reason. Extensions to the six month period can only be granted in exceptional
circumstances.
Tenants must inform their local Housing Office if they or another member of their household will
be absent for six weeks or more by completing the Temporary Absence Notification Form.
Some tenants may be eligible to pay a reduced rent during the permitted six month period of absence,
if special circumstances apply (as defined in this chapter). Approval must be given by the Housing
Services Manager (HSM) for tenants to pay reduced rent.
All remaining tenants are required to pay their rent in accordance with the Rebated Rent Policy. 
Rebate Manual
 Sole tenants absent from their rental property due to special circumstances who voluntarily
relinquish their tenancy within six months of being absent, are eligible to apply for early housing
allocation within two years from the date they voluntarily relinquish tenancy as outlined in the
Allocations Manual.
Where a sole tenant or entire household is absent from their property for more than six months, the
Department may take action to regain possession of the property.
8.3.2
Reasons for temporary absence
The Department acknowledges that from time to time a household member may need to be
temporarily absent from their property.
Additionally, there are special circumstances where it is accepted that a genuine need to be absent
exists beyond the household’s control. In these circumstances, they may be eligible to pay reduced
rent.
Note: Temporarily absent tenants retain all tenancy rights and responsibilities.
8.3.3
Reduced rent where special circumstances exist
In the following ‘special circumstances’, the Department will charge a reduced rent of $15 per week:

Nursing home: A sole tenant is temporarily residing in a nursing home and is required to pay
accommodation costs
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
Rehabilitation: A sole tenant is required to undergo psychiatric, physical, drug or alcohol
rehabilitation treatment that necessitates living away from home for a period of time and is
required to pay accommodation costs

Respite care: A sole tenant has gone in to respite care and is required to pay accommodation
costs

Incarceration: A sole tenant is serving a prison sentence or is on remand.
Nursing Home, Rehabilitation or Respite care facility
Sole tenants who are to be temporarily absent from their property and residing in a nursing home,
rehabilitation or respite care facility must notify the local Housing Office that the property is to be
temporarily vacant.
The HSM will consider whether the reduced rent will apply. The $15 per week rent only applies where
the tenant is required to pay accommodation costs for their temporary accommodation.
Documentation from the care facility must be provided confirming the following information:

the date the tenant is entering the facility

how long they are expected to stay

that they are paying a fee to the facility which incorporates accommodation costs

the expected date of return to their property.
Incarceration
Sole tenants who are to be temporarily absent from their rental property to serve a prison sentence (or
because they are in a remand facility) must notify the HSM that the property is to be temporarily
vacant.
The $15 per week rent applies.
Documentation to be supplied from either:

the prison/remand facility

the tenant's solicitor

the court, or

a social or community worker.
Documentation must confirm that:

the tenant is in, or will be incarcerated

the date incarceration (or remand) will commence

the expected date of release.
8.3.4
Rent payable
Sole tenants who are absent due to special circumstances and who are required to pay
accommodation costs elsewhere, or are not earning any income because they have been
incarcerated, will be charged rent of $15 per week. This will apply up until they return or possession of
the property is granted by Victorian Civil and Administrative Tribunal (VCAT).
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Where notification of absence is received after the sole tenant has left the property, the HSM must
approve the absence for the minimum rent of $15 per week to apply (if any of the above special
circumstances apply).
8.3.5
More than one tenant is absent due to special
circumstances
Where more than one tenant is temporarily absent due to one of the special circumstances as listed
above and there are no remaining household members, for example a couple go in to drug
rehabilitation together, the rent charge of $15.00 per week is charged for each absent tenant.
8.3.6
Residents /or co-tenants/ carers remain at the
property
 Rental Rebate Manual
Where a tenant is temporarily absent due to special circumstances as outlined above and there are
remaining tenants and/or residents, the Department will reassess a tenant’s rental rebate entitlement
on the income of the remaining tenant and any other remaining household members.
 Where a person moves in to care for children while the parent is temporarily absent due to special
circumstances, and the person can demonstrate their usual place of residence is elsewhere, the
person caring for the children is not added to the rebate as detailed in the Rental Rebate Manual.
The person caring for the children is required to supply documentation to show they have permanent
accommodation elsewhere, for example a driver’s licence, recent gas, electricity or telephone account
in their name.
Where the person moving in cannot demonstrate a place of residence elsewhere, then they can be
added to the tenancy as a resident and their income used to calculate the rent. This scenario is an
exception to the Fixed Rent Effective Date (FRED) policy, in that the rent is applied from the Sunday
following the date they moved in and not stored until the next FRED.
8.3.7
Special circumstances do not apply
Tenants must also notify the local housing office where special circumstances do not apply and they
intend to be temporarily absent from their property for more than six weeks. For example the tenant is
going on an overseas holiday.
In this situation rent continues to be charged on the income of the tenant and any other remaining
household members.
If one member of a couple is absent, rent continues to be charged as if both are living there, unless
the remaining tenant provides documentation from Centrelink confirming that they have been granted
an income at a single rate.
Note: If the intended period of absence is less than six weeks, notification is not strictly required. However tenants are
encouraged to provide verbal or written notification of their intended absence to the Department. They are also encouraged to
provide contact details during their absence. This information is to be recorded in the tenant’s account details.
8.3.8
Water and service charges
Water and service charges are waived where a sole tenant or entire household is absent due to
special circumstances.
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8.3.9
Maximum allowable period of temporary absence
The maximum permissible period for a sole tenant or entire household to be temporarily absent from
their home for any reason is six months. The six months applies from the date the sole tenant or entire
household left the property, regardless of when the Department was informed. After this time the
Department may take steps to regain possession of the property.
Note: The maximum allowable period does not apply where there are remaining household members including the children of
a sole tenant.
Approval for temporary absence will be withheld where the sole tenant or entire household advises
that they will be absent for more than six months. However, in reaching a decision consideration is
given to the potential negative impact of non approval on the household and the reasons for the
further period of absence, in light of the policy aim outlined in this chapter (refer 8.3.10)
Documentation including a completed Temporary Absence Notification Form must be provided
relevant to the circumstances confirming the length of absence, for example:

Nursing home, respite or rehabilitation – a letter from facility confirming the admission and
return dates

Incarceration – a letter noting the non-parole period for tenants that are incarcerated

Overseas – a copy of the tenant’s airline tickets or itinerary (if the absence will be more than six
weeks).
Where documentation confirms that the length of absence will exceed the six month allowable period,
the HSM will need to decide whether to recover possession of the premises immediately (refer to
relevant parts of this chapter).
Note: Prior to 20 March 2007, the Department did not take steps to regain possession of the property until the sole tenant or
entire household had been absent for six months. This has now changed.
Where notification is received after a tenant has already been absent for six months, legal action to
regain possession of the property commences immediately (if the HSM decides to seek possession
after following the steps as outlined below).
Temporary absence date
The date that the household member left the property is the commencement date for temporary
absence.
Additionally, it is the date where any rebate calculations commence, or reduced rent commences (if
applicable).
Therefore if notification is received after a household member is temporarily absent, any rent
calculations are backdated to the date they left, provided all relevant documentation is provided that
confirms this.
If notification is received after the sole tenant has been absent for at least six months, rebate
calculations are backdated to the date they left and legal action to regain possession of the property
will commence immediately (if the HSM decides that legal action is appropriate). Where the HSM has
approved payment of the reduced rent, $15 per week applies from the date the tenant left the property
up until either the tenant returns or possession is granted at VCAT.
8.3.10
Approval beyond the six months
The Department is unlikely to approve requests for an extension beyond the six month period. This is
because housing is in high demand and the Department aims to ensure that its stock is used
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effectively and efficiently. However, there may be extenuating circumstances where an extension
beyond the six months may be considered. For example, if a tenant can provide evidence that they will
be released from prison within four weeks of the expiration of the six month time frame the Department
may allow the tenancy to continue beyond the approved six month period.
Decision to approve an extension made by the Housing Manager (HM)
The HM can approve an extension beyond the six month absence period in extenuating circumstances
and having considered the potential negative impact of non-approval on the household, the reasons
for the extension, in light of the policy aim outlined above.
A decision not to extend approval beyond six-months must be logical and reasonable. For example, if
it is confirmed that the tenant will be released prior to the expiration of a Notice to Vacate, it would not
be logical to issue the Notice in the first place.
The Department Officer should assist the HM by investigating whether non-approval:

would likely cause severe hardship to the tenant

may negatively impact on the person and their family’s home including continuous and sufficient
links with the community

may negatively impact on the family unit

may negatively impact on any children residing in the premises

may negatively impact on the person and their family’s ability to practice their culture, religion or
language

may negatively impact on the person and their family’s health (including mental health).
Note: A decision not to approve an extension will mean that the Department will seek possession of the property. It is possible
that such a decision will have a negative impact on one or more of the factors listed above. This is because the Director will
take steps to recover possession of the property following non-approval. Therefore consideration must be given to the extent
of the impact in order for the HM to balance any such impact against the Department’s policy aim (outlined at the start of this
chapter).
8.3.11
Resident is absent
 Rental Rebate Manual
Where a resident is temporarily absent from the property regardless of their reason, the household
rent payable continues to be assessed on the entire household income. A rebate assessment must be
completed prior with a ‘temporary absence’ subsidy then being applied – if applicable.
8.3.12
Request to sublet
 Rental Rebate Manual
Tenants are not permitted to sublet their property while they are temporarily absent from their property.
Special circumstances apply
 If a sole tenant advises that a friend or relative will reside in their property while they are away,
they must add this person to their rental rebate as a resident. The rebate entitlement is then assessed
on the resident’s income according to the Rental Rebate Manual.
Note: This does not apply where a Carer comes in to look after an absent tenant’s children.
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Special circumstances do not apply
 If a tenant advises that a friend or relative will reside in their property while they are away, they
must add this person to their rental rebate as a resident. Their rebate entitlement is then assessed on
the tenant’s income and the resident’s income according to the Rental Rebate Manual.
8.3.13
Where a sole tenant voluntarily relinquishes tenancy
rights
 Allocations Manual
Special circumstances apply
 A sole tenant who is absent due to special circumstances and who voluntarily relinquishes their
tenancy during the six months of their absence can be considered for an Early Housing transfer if they
reapply for housing within two years from the date they relinquish their tenancy as outlined in the
Allocations Manual.
Special circumstances do not apply
A sole tenant who is temporarily absent and special circumstances does not apply, can relinquish their
tenancy, however, they will not be considered for an early housing transfer.
8.3.14
Tenant will be or has been absent for six months
Where the sole tenant or entire household advises they will be absent for longer than six months, or
where a property has been vacant for six months due to temporary absence, and the HM has not
approved an extension, the HSM will need to immediately decide whether to issue a 120-day Notice to
Vacate under the Residential Tenancies Act 1997 (s.263) (RTA) – Notice to Vacate for no specified
reason.
Legal Services Branch must be consulted about the wording of the notice before it is issued.
Tenants who have been absent for more than six months and who are issued with a 120 day Notice to
Vacate may not be eligible to apply for early housing under the Temporary Absence category at a later
stage.
A sole tenant who has been issued with a Notice to Vacate because they will be absent for more than
six months can be considered for an early housing transfer if they voluntarily relinquish their tenancy
before the expiry of the Notice to Vacate, and have previously notified of their absence. They must
also satisfy one of the special circumstances outlined in this chapter.
Note: The Director is the decision maker for 120 day Notices to Vacate. If a tenant returns to the premises before the 120 day
notice period has expired, the Department will abandon seeking possession given that the property is now being utilised
8.3.15
Sole tenant absent for part of week
Where a sole tenant is absent due to one of the special circumstances as listed in this chapter, and is
living in the property for less than three nights in any one week (Sunday to Saturday), then they can
be considered to be absent for the whole week, and the Temporary Absence Policy may apply to
them.
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8.4
Temporary Absence Procedures
8.4.1
Advance notification of absence
Receiving notification
Where a tenant advises that they (or another household member) are going to be temporarily absent
from their property, request that all tenants within the household attend the local Housing Office to
discuss options.
At the meeting the following information should be ascertained from the tenant/s:

whether they are entitled to a reduced rent because they are going to be absent for one of the
Special Circumstances as listed in this chapter

the departure date

the date they intend to return to the property

if they are a sole tenant, whether someone will be caretaking or residing in the property in their
absence

the address where they will be staying

a contact telephone number

how they intend to pay their rent in their absence.
Advise them:

of the rental rebate assessment and rent calculation during their absence, depending on the
nature of their absence

of the Rent Deduction Service, and the importance of continuing to pay their rent

 if they are a sole tenant, the Department allows absences for up to six months, and the
request must be notified by completion of the Temporary Absence Notification Form

the Department may immediately pursue legal action to regain possession of the property if the
tenants have already been, or advise that they will be, absent for more than six months

the Department may pursue legal action to regain possession of the property if the tenants have
been absent for more than six months and have not had approval from the HM for an extension

That during their absence their rights and obligations for the property still apply. That is, they are
still responsible for complying with the tenancy agreement and the RTA. For example, the rent is
to be paid and the property is to be in a clean condition etc

the Department may proceed with legal action in their absence if their tenancy agreement or the
RTA is not adhered to.

If they are a sole tenant approved to pay reduced rent under one of the special circumstances
listed in this chapter, they should be advised of eligibility requirements for early housing.
 Provide the tenant/s with a Temporary Absence Notification Form and an Application for a Rental
Rebate, advise them to complete and return to the office before they are due to leave.
8.4.2
Where the Department is advised after the sole
tenant or entire household has left the property
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 Rental Rebate Manual
If the Department is advised (for example by a neighbour, support worker or anonymous phone call)
that the sole tenant or entire household has left their property for a period of time, check the tenant’s
file and HiiP to confirm whether the tenant had previously notified the Department.
If the tenant has not informed the Department, take steps to contact them via telephone, home visit or
letter and check the tenant’s file for alternative or next of kin contact numbers.
When the tenant/s makes contact with the office, request that they come in to the office to discuss.
If the tenant/s cannot come to the office because they are in a Nursing Home, Rehabilitation or
Respite Care or are incarcerated, organise to do one of the following:

arrange an appointment at the facility to discuss

discuss requirements over the telephone and send all the documentation to the tenant at the
facility, clearly outlining what is required

organise for an alternative contact or next of kin to come in to the office on their behalf.
If the tenant/s is interstate or overseas, organise a date and time to discuss the situation over the
telephone.
At the appointed time the following information should be ascertained from the tenant/s:

whether the tenant is entitled to a reduced rent because they are going to be absent for one of
the Special Circumstances as listed in this chapter

the departure date

the date they intend to return to the property

whether someone is caretaking the property in their absence

a contact telephone number and address during their absence.
 Note: If the tenant advises that a friend or relative will be living in the property whilst they are absent, the friend or relative
is included on the rental rebate as a resident. The rent is then re-assessed. In this situation the Rental Rebate Policy and
Procedures apply. However, this does not apply when a person moves in to care for the absent tenant’s children.
The sole tenant/s is advised:

of the rental rebate assessment and rent calculation during their absence, depending on the
nature of their absence

the Department generally approves absences for up to six months only and the request must be
notified by completion of the Temporary Absence Notification Form

the Department may pursue legal action to regain possession of the property if they are, or have
already been, absent for more than six months and have not been approved to continue in their
absence

that during their absence their rights and obligations for the property still apply. That is, they are
still responsible for complying with the tenancy agreement and the RTA. For example, the rent is
to be paid and the property is to be in a clean condition

the Department may proceed with legal action in their absence if the Residential Tenancy
Agreement or RTA is not adhered to

if they are approved under one of the special circumstances listed in this chapter they should be
advised of the eligibility for early housing

 provide the tenant with a Temporary Absence Notification Form and an application for a
rental rebate and ask them to complete and return with the relevant documentation as soon as
possible.
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Where the sole tenant or entire household advise that they have
already been absent for six months or more
Where documentation confirms that the sole tenant or entire household have been absent for six
months or more, the tenant is advised that their request for rebate reassessment has to be assessed
by the HSM and legal action may commence immediately to regain possession of their property.
8.4.3
If the sole tenant or entire household cannot be
located
 Abandoned Properties and Goods Chapter
 Terminating Tenancies and Deceased Estates Chapter
Where no advice has been received from the sole tenant or entire household advising that they intend
to be absent and the office has been told that the tenant has left the property, for example by a
neighbour or an anonymous phone call, check the tenant’s file and HiiP for an alternative contact or
next of kin.
Note: For privacy reasons the alternative contact or next of kin should only be contacted if the tenant has given permission for
the Department to contact individuals for any issue relating to their tenancy – not just for emergency situations.
 If contact cannot be made with the tenant, refer to the Abandoned Property and Goods and the
Terminating Tenancies and Deceased Estates Chapters in this manual to determine whether the
tenancy may have terminated.
8.4.4
Special Circumstances
 Allocations Manual
Sole Tenant
If a sole tenant advises that the reason for the absence is because they are going to:

a rehabilitation facility

a respite care facility

a nursing home, or

be incarcerated
Advise that if they decide to terminate their tenancy within six months of going in to the facility, they
can apply for an Early Housing transfer within two years from the date the tenancy was terminated.
 Make a note on HiiP and provide the tenant with the Temporary Absence Letter – Sole Tenant,
Special Circumstances Apply letter detailing the Department’s policy on temporary absence, when
special circumstances apply.
Ensure that the correct documentation has been provided (as listed above) and that they are either
paying accommodation costs at the facility or are incarcerated.
Joint Tenant
 Where a co-tenant in a joint tenancy advises that they will be temporarily absent due to special
circumstances as outlined above, send the Temporary Absence Letter – Joint Tenant (or Remaining
Household Members) Special Circumstances Apply letter and advise that the Department will
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reassess the rental rebate entitlement on the income of the remaining tenant/s and any other
household members.
Where the remaining tenant is a partner of the absent tenant, and has provided documentation from
Centrelink confirming that they have been granted an income at a single rate (for example, Parenting
Payments Single) this income will be used in the calculation on the rental rebate entitlement.
 Note: The remaining tenant should also be provided with information in relation to transferring the tenancy in to their
name.
8.4.5
Assessing the rental rebate
 Rental Rebate Manual
 Terminating Tenancies and Deceased Estates Chapter
 Transfer of Tenancy Chapter
 Occupants unknown to the Department, Residents and Squatters Chapter
 Prior to processing a Temporary Absence subsidy in HiiP a rebate needs to be assessed on the
household. See the Rental Rebate Manual for information on how to assess a rebate.
8.4.6
Applying a Subsidy
Before applying a temporary absence subsidy against a household member, update the household
member’s circumstances through the client register in HiiP:













Click on the Housing History tab
Expand the ‘Specific Circumstances’ section,
Select the relevant value (i.e. Nursing home, Incarceration etc),
Enter the location of the facility,
Enter the contact details,
Enter the ‘from’ and ‘to’ dates
Type any comments
Click on the ‘add’ button – the subsidy record should now be added to the table,
Click on the ‘save’ button, - A pop up window appears asking you to review the eligibility for a
subsidy
Click ok.
Open tenancy record and select ‘Manage Rent’ from the function list,
Click ‘Manage Subsidy’ – the ‘Rental Subsidy’ tab will open up
Select a subsidy type,
Note: A sole tenancy subsidy should be selected when there is only one tenant in the household, and a ‘Joint’ tenancy subsidy
if there is more than one tenant






Complete all the mandatory fields in the Rental Subsidy request details section
Enter the new weekly rent share
Enter ‘Update Client’
Enter ‘Add’
Select an option in the ‘Recommendation’ Field.
Save.
Account Alert
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HiiP will not automatically send an alert when the subsidy is about to end. Therefore, it is important to
set an Account Alert through HiiP in order to get a reminder to prompt action on an account.
To set an alert follow these steps:




At the ‘Manage Debt’ tab, tick the ‘check box’ in the account alert section.
Click the drop down symbol in the date field – the calendar will open
Click the date of the alert five months after the date of the absence
Save.
8.4.7
Special circumstances do not apply
 Where special circumstances do not apply, for example the tenant is overseas; send the
Temporary Absence Letter – Sole Tenant or Entire Household – Special Circumstances Do Not Apply
letter advising of the following:

the Department approves the absence for up to six-months

rent will continue to be charged on the basis of all household members

if they have not returned to the property within six-months, the Department may take action to
regain possession of the property.
8.4.8
Fixed Rent Effective Dates (FRED)
 Rental Rebate Manual
When assessing the rent payable for temporary absent tenant, rent is assessed from the Sunday
following the date the tenant leaves for the absence. It is not stored until the next FRED. See the
Rental Rebate Manual for more information.
8.4.9
Complete checklist
 Once the rebate has been assessed, complete the Temporary Absence Checklist to ensure that
all processes are complete. Scan in to HiiP and place the checklist on the tenancy file.
8.4.10
Extension beyond six months
Where a request has been received to extend the period of absence beyond the allowable six months,
complete a report with the following information and forward to the HSM for consideration:

the date the property became absent

the date they intend to return to the property or third party confirmation of same (i.e. confirmation
from a prison of an incarcerated tenant’s release date)

whether someone has been caretaking or residing in the property in their absence

the reason for the extension request

investigating whether non-approval:

would likely cause severe hardship to the tenant

may negatively impact on the person and their family’s home including continuous and
sufficient links with the community

may negatively impact on the family unit
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
may negatively impact on any children residing in the premises

may negatively impact on the person and their family’s ability to practice their culture, religion
or language

may negatively impact on the person and their family’s health (including mental health).
The report should ask the HM to decide whether or not to approve the extension request in the
circumstances by considering the potential negative impact on the tenant of non-approval with the
policy aim outlined at the start of this chapter.
Once the HM has advised of a decision advise the tenant in writing of the outcome.
8.4.11
One month prior to expiry of six months
 Send a Fifth Month of Absence Letter on the fifth month from the date the sole tenant or entire
household became absent. The letter should advise the tenant that failure to return to the property
within the remaining month or failure to contact the office may result in the Department initiating legal
action to regain possession of the property.
Tenant not returning
 If a sole tenant advises the Department that they do not wish to return to the property refer to
Terminating Tenancies and Deceased Estates Chapter of this manual to work out how to terminate
the tenancy.
 If a tenant advises the Department that they do not wish to return to the property and there are
other tenant/s or household members remaining, refer to Transfer of Tenancy, Occupants Unknown
to the Department, Residents and Squatters and Terminating Tenancies and Deceased Estates
Chapters in this manual.
Resident not returning
 If a sole tenant advises the Department that a resident has left the property, the tenant is required
to lodge a new completed application for Rebated Rent. The resident is removed from the household
and the rebated rent is reassessed and is based on the income of the tenant/s and other household
members remaining.
Joint tenancy
Where a co-tenant in a joint tenancy is temporarily absent (for one of the special circumstances as
listed above), the following documentation must be provided:

documentation from Centrelink showing that the remaining tenant has been granted income
support at the single rate, for example Special Benefit or Parenting Payment Single

income documentation showing any other income received by the remaining tenant and other
household members

Completed rental rebate form.

 Completed Temporary Absence Notification Form.
Assess the rental rebate entitlement on the income of the remaining tenant and any other household
members.
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8.4.12
Tenant terminates tenancy
 Allocations Manual
 Terminating Tenancies and Deceased Estates Chapter
 Where a sole tenant terminates the tenancy by handing back possession of the property and
completing a ‘Notice of intention to vacate’ before the expiry of the six month period, the tenancy will
terminate 28 days from the giving of the notice (or the date the keys are handed back if this is later in
time). Send a letter advising that they can re-apply for early housing within two years of the tenancy
terminating (if special circumstances exist), provided they meet all other eligibility criteria as outlined in
the Allocations Manual.
 Note: Staff should refer closely to the Terminating Tenancies and Deceased Estates Chapter in this manual, because
there are other ways that a tenancy may terminate at law besides the giving of a notice of intention to vacate. For example, the
landlord and the tenant may come to an agreement in relation to termination.
Sole tenant terminates after being issued with Notice to Vacate
 Where a sole tenant who has been issued with a 120 day Notice to Vacate (under the RTA
(s.263)) because they will be absent for more than six months terminates the tenancy and completes a
‘Notice of Intention to Vacate’ before the expiry of the Notice to Vacate, the tenancy will terminate 14
days after the giving of the notice (they are entitled to give 14 days rather than 28 days notice in these
circumstances). Send a Letter Advising Eligibility to Re-apply advising that they can apply for early
housing within two years of the tenancy terminating (if special circumstances exist), provided that they
meet all other eligibility criteria.
 Note: Staff should refer closely to the Terminating Tenancies and Deceased Estates Chapter in this manual, because
there are other ways that a tenancy may terminate at law besides the giving of a notice of intention to vacate. For example, the
landlord and the tenant may come to an agreement in relation to termination.
8.4.13
Where the sole tenant or entire household has been
absent for the approved six months or will be absent
more than six months
Sole tenant or entire household has been absent for the approved
six months
 At the end of the six month period, if an extension of their absence has not been approved, or if
they have not responded to the letter sent at the fifth month of their absence (following reasonable
attempts to make contact), prepare a Memorandum – Director – Six month expiry Memorandum from
the HSM to the Director, seeking permission (if appropriate) to issue the tenant with a 120 day Notice
to Vacate under the RTA (s.263). This memorandum should only be sent if the HSM decides that it is
appropriate to seek possession.
The memorandum should outline the HM’s process of reasoning and should include:

the tenancy history

the history of the incident including the reason known for the absence,

if and when the tenant is expected back (if this is known) etc

action taken by the Department to contact the tenant

whether non-approval:

would likely cause severe hardship to the tenant
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
may negatively impact on the person and their family’s home including continuous and
sufficient links with the community

may negatively impact on the family unit

may negatively impact on any children residing in the premises

may negatively impact on the person and their family’s ability to practice their culture, religion
or language

may negatively impact on the person and their family’s health (including mental health).

why the HM considers that a notice to vacate should be issued in the circumstances considering
the potential negative impact on the tenant (and any family) in light of the policy aim outlined at
the beginning of this chapter.

a request to issue the Notice to Vacate and seek an Order for Possession.
Sole tenant or entire household will be absent for more than six
months
 When documentation has been provided confirming the sole tenant, or entire household will be
absent or has been absent for more than six months, prepare a Memorandum – Director – Intend to
be longer than six months (not actually expired at this stage) from the HM to the Director of Housing,
seeking permission (if appropriate) to issue the Tenant with a 120 day Notice to Vacate under the RTA
(s.263). This memorandum should only be sent if the HM decides that it is appropriate to seek
possession.
The memorandum should outline the HM’s process of reasoning and include:

the tenancy history

the history of this incident including the reason known for the absence, if and when the tenant is
expected back (if this is known) etc

 action taken by the Department to contact the tenant, Letter – Tenant has been absent
longer than six months,

whether non -approval:

would likely cause severe hardship to the tenant

may negatively impact on the person and their family’s home including continuous and
sufficient links with the community

may negatively impact on the family unit

may negatively impact on any children residing in the premises

may negatively impact on the person and their family’s ability to practice their culture, religion
or language

may negatively impact on the person and their family’s health (including mental health).
Why the HM considers that a notice to vacate should be issued in the circumstances considering the
potential negative impact on the tenant (and any family) in light of the policy aim outlined at the
beginning of this chapter.
A request to issue the Notice to Vacate and seek an Order for Possession.
Approval granted
If the Director has given approval, send a letter to the tenant advising them that the Department will
initiate legal action immediately to regain possession of their property. For tenants who have been
absent for longer than six months, advise them that if they voluntarily relinquish their tenancy before
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the expiry of the Notice to Vacate they may be able to apply for early housing within two years of the
termination date. Tenants should be told that they if they return to the property they will not be evicted.
Serving the Notice to Vacate
If approval to commence legal action has been obtained from the Director, the Department should
then complete a notice to vacate through VCAT Online pursuant to the RTA (s.263).
Send the tenant a copy of the Notice to Vacate together with a copy of the letter sent to the tenant
following notification of their intention to be temporarily absent from the property, by registered post
within one day of printing. Send the notice to vacate to the rented premises as well as any other
address provided by the tenant.
Making the application for possession
The application for possession can only be made after the expiration of the 120 day notice period - but
no later than 30 days after this date.
The application is made under the RTA (s.322 (2)) seeking an order for possession under the RTA
(s.330).
Place a copy of the application on the tenancy file. A copy is also sent to the tenant by registered post
within one day of making the application. You should send it to the rented premises and any other
address provided by the tenant.
Making an application for compensation for rental arrears
Also make an application for compensation pursuant to the RTA (s.210) if there are any outstanding
rental arrears.
Note: All correspondence should be sent to the address provided to the Department, prior to the tenant’s absence. Where the
tenant has signed an authority form allowing someone to act on their behalf during their absence, copies of all correspondence
should be sent to that person as well. However, if you have also been provided with the tenant’s new contact details you
should forward the applications and notices to vacate there as well.
8.4.14
Sending notices to an interstate address
Service and Execution of Process Act 1992 (s.51) (SEPA)
Where the tenant has given an interstate address as a forwarding address, the following requirements
apply.
 When preparing the Notice to Vacate, attach a Form 4 notice and send to the tenant/s by
registered post.
When preparing the application, attach a Form 4 notice to a copy of the application to VCAT and send
to the tenant/s by registered post.
 Once the application has been sent to the tenant, complete an Affidavit of Service and attach the
original application and a copy of the Form 4 notice as exhibit one. Send the documents to VCAT by
normal post.
Note: When sending notices to an overseas address a special ‘Registered Post International’ pre-paid envelope is required to
be used. These can be obtained from any post office. Please contact Legal Services Branch for advice on service if it is known
that a tenant resides overseas.
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8.4.15
Household returns prior to hearing
Where a tenant advises that they have returned to the property, withdraw the hearing once it can be
confirmed that tenant has returned to the property permanently.
The following documentation would be acceptable to withdraw the hearing:

a letter from the facility where the tenant was residing during their absence advising of their date
of return to their property

a statutory declaration from the tenant confirming their permanent return

a copy of the tenant’s passport if they were overseas.
The Department can withdraw the application for an Order for Possession at any time before the
VCAT hearing, or on the day of the hearing. If possible the application should be withdrawn at least 24
hours prior to the scheduled hearing date.
If the application was applied for through VCAT Online, withdraw the application using VCAT
online. Advise the tenant of the withdrawal as soon as it has been done.
8.4.16
Preparing for and attending a VCAT hearing
At the hearing, the Director is not required under the RTA to provide evidence and submissions as to
the fact that the tenant does not meet temporary absence requirements. This is because the
application for possession is made following the service of a notice to vacate under s.263 which does
not require a reason for the giving of a notice to vacate to be specified.
However, if asked, the Director’s representative will present evidence that confirms that the tenant or
entire household have been or will be absent from the property and, if applicable advise of any unpaid
rent. Appropriate evidence includes:

the circumstances which resulted in the tenant’s absence from the property


 copy of the completed Temporary Absence Checklist
 copy of the Temporary Absence Notification Form

account action records of all attempts made to contact the tenant including any discussions

rental account statements

file notes of discussion held with the neighbours, workers etc

 Form 4 and Affidavit of Service (if applicable).
If a concurrent application for compensation for rental arrears has been made, be prepared to provide
evidence and make submissions about this.
8.4.17
Order for Possession granted
Where an Order for Possession has been granted send a letter to the tenant by registered post (to the
rented premises and any other addresses provided) advising that a Warrant of Possession may be
obtained as the next step.
Complete a warrant application and send it to the HSM with the tenancy file on the same day the
Order for Possession is made. Ask the HSM to decide whether to apply for a warrant of possession.
The HSM should consider whether there are any new circumstances which alter the original decision
to proceed with evicting the tenant rather than allowing the temporary absence to continue. If the HSM
decides that a warrant should be purchased, forward the application with the tenancy file to the HM for
consideration.
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If the warrant application is approved the Regional Project Officer (RPO) or equivalent will organise
the purchase of the warrant from VCAT and will nominate where the warrant is to be sent. The RPO
can nominate that the warrant be posted or faxed directly to either the Housing Office or the local
Police Station.
Advise the HSM when the warrant has been received.
Where the Warrant of Possession is issued to the local police station VCAT will forward a letter to the
housing office to advise them of the details contained in the warrant. Contact the local Police Station
and arrange a time to carry out with execution of the warrant.
Where the warrant has been issued to the housing office take a copy and place it on the tenancy file.
Deliver the original to the Police.
8.4.18
Tenant returns prior to the eviction date
Prior to the day of the eviction, two Department Officers should home visit at the property to establish
if anyone is at the property. If the tenant is present, request that they attend at the local Housing Office
that day to establish the details of their return.
When it has been confirmed that they are the tenant, allow the warrant to lapse and contact the Police
and advise them that the eviction will not proceed.
8.4.19
Property is being occupied by Occupants Unknown to
the Department or squatters
 Occupants Unknown to the Department, Residents and Squatters Chapter
If on or prior to the scheduled date of the warrant execution the property is found to be occupied by an
occupant unknown to the Department or squatters, staff will need to refer to the Occupants Unknown
to the Department, Residents and Squatters Chapter to determine what action to take.
 Note: If the decision is taken, in line with the Occupants Unknown to the Department, Residents and Squatters
Policy, to seek possession from an occupant unknown contact Legal Services Branch for advice about how to proceed with
an eviction.
8.4.20
48 Hour Briefing Note
Prior to the eviction
Arrange for a contractor to attend the property to force entry, if there are no master keys and to have
the locks changed.
 Complete the 48 Hour Eviction Briefing Note and forward by facsimile to the:

Minister for Housing

Director, Public Housing and Community Building

Director, Public Housing Client Services

Manager, Housing, Primary and Complex Care

Regional Housing Manager

DHS Media Unit.
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8.4.21
Execute Warrant of Possession
Terminating Tenancies and Deceased Estates Chapter
Meet the police at the property at the scheduled eviction time and date. Do not enter the property until
the police arrive. The police are responsible for executing the Warrant of Possession.
Once the warrant has been executed, arrange for the contractor to change all the door locks to the
property as per the RTA (s.57).
Terminate the tenancy account on HiiP. The termination date is the day before the warrant is
executed. Refer to the Terminating Tenancies and Deceased Estates Chapter in this manual.
8.4.22
Warrant application outcome
Abandoned Properties and Goods Chapter
 Complete the Warrant Application Outcome Advice, Warrant Application Outcome (Warrant
Executed) or Warrant Application Outcome (Warrant Lapsed) and forward copies to nominated
regional staff. Place a copy on the tenancy file.
The Minister’s Office and the Director of Housing are informed of eviction outcomes only when there
are particular issues that need to be communicated. For example the media may have become
involved.
Send a letter to the forwarding address of the tenant advising that the warrant has been executed and
that they are required to contact the local Housing Office within five working days to arrange for the
removal of the goods from the property.
If the tenant or an authorised representative does not contact the local Housing Office within the
specified timeframe refer to the Abandoned Properties and Goods Chapter in this manual for the
removal of goods from the property. The goods are to be dealt with in accordance with the goods left
behind provisions of the RTA.
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8.5
8.5.1
Appendices
Temporary Absence Notification Form
Temporary Absence Notification Form
Please complete this form if you intend to be temporarily absent from your property.
1:
Address of Property: _______________________________________________________
________________________________________________________________________________
2:
Account Number:
3:
Household information:
Family Name
_________________________________
Given Names
M/F
Date of Birth
Absent
Y/N
Tenant or
Resident
x
4:
If your absence from your property is because you are going to a nursing home, rehabilitation
or respite care or are going to be incarcerated and you are the sole tenant of your property (i.e. there
are no other household members), you may be entitled to a reduced rent (currently $15.00 per week).
Please indicate below and provide address details if you are going to one of these facilities.
________________________________________________________________________________
________________________________________________________________________________
5:
Are there any other household members who will be absent as well?
________________________________________________________________________________
________________________________________________________________________________
6:
The Department allows you to be absent up to six months. After that time if you have not
returned, the Department may take steps to regain possession of your property. Although the
Department is prepared to permit tenants to be absent for a period, this must balanced with the fact
that housing is in high demand and in order to accommodate the needs of as many Victorians as
possible, the Department needs to ensure that stock is efficiently and effectively used.
If you are going to be away for more than six months, the Department may immediately take steps to
regain possession of your property.
When do you expect to leave your property?
________________________________________
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7:
If you are a sole tenant and intend to be absent for longer than six months and agree to end
your tenancy you may be eligible to re-apply for housing under the Departmental early housing
program within two years of vacating.
How long do you expect to be absent from your property?
______________________________________________________________________________
8:
During your absence the Department may need to contact you regarding your tenancy and
account, do you have a contact number and address that we can contact you on whilst you are
away?
______________________________________________________________________________
Along with this form you must attach the following:

A completed rental rebate form

Income and asset details for all household members

If you are going to be in a nursing home, rehabilitation, respite care facility or incarcerated,
please provide documentation from the facility detailing information such as payment
requirements.
FORM OF AUTHORITY
If you wish someone else to act for you in relation to tenancy matters during your absence, please
complete this section:
I/We
_____________________________________________________________ (Name of Tenant/s)
of
_____________________________________________________________ (address)
hereby authorise the following person to act on my behalf in relation to any matter relating to my Departmental
tenancy during my absence and I understand that information from my file may be disclosed to this person:
______________________________________________________________ (Name)
______________________________________________________________ (Address)
______________________________________________________________ (Telephone Number)
NAME(S): ________________________________________________________
SIGNATURE(S): _________________________________________________ DATE: ___ / ___ / 20__
REPRESENTATIVE NAME(S): _________________________________________
REPRESENTATIVE SIGNATURE(S): __________________________________ DATE: ___ / ___ / 20__
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Acknowledgement – Sole Tenant:

If I am a sole tenant and will be staying in a nursing home, rehabilitation or respite care facility or
incarcerated and I am paying accommodation costs elsewhere the Department will charge me $15.00
per week rental for the period of my absence,

If I am a sole tenant and agree to relinquish my tenancy before the approved six month period has
expired, I may be entitled to apply for early housing within two years from the date my tenancy is
terminated, and

I understand that if I am not back residing in my property or of if I do not relinquish my tenancy before
the allowable six months, the Department may commence legal proceedings to regain possession of
my property, and I will not be able to apply for early housing transfer within the two year period as
mentioned above.

I understand that if I am going to be away for more than six months, that the Department may
commence legal action to regain possession immediately, and if the Department commences legal
action and I do not vacate before the expiry of the Notice to Vacate, I cannot apply for early housing
under the ‘temporary absence’ category.

I have read the privacy information contained on the Rental Rebate form.

I understand that if I have signed the form of authority (above), information from my file may be
disclosed to my representative in order for them to act on my behalf.
TENANT’S SIGNATURE (S): ______________________________________ DATE: ___ / ___ / 20__
Acknowledgment – Group Household/Joint Tenancy

I/we understand that if I/we are not back residing in my property before the approved six months, the
Department may commence legal proceedings to regain possession of my property, and

I/we have read the privacy information contained on the Rental Rebate form.

I/we understand that if I have signed the form of authority (above), information from my file may be
disclosed to my representative in order for them to act on my behalf.
SIGNED:
________________________________________ (tenant 1)
________________________________________ (tenant 2)
________________________________________ (tenant 3)
DATE:
____ / ____ / 20__
OFFICE USE ONLY
Approved:
Yes / No
Date Temporary Absence Commences:
____________________
Letter sent to tenant confirming outcomes:
Yes / No
______________________________
Department Officer
_______________________________
Housing Services Manager
DATE: _____ / _____ / 20___
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October 2012
8.5.2
Temporary Absence Letter – Sole Tenant, Special
Circumstances Apply
ENTER Name HERE
ENTER Address HERE
ENTER SUBURB STATE PCODE HERE
Dear
You recently advised the Department of your intention to be temporarily absent from your home from
<<enter date left>> because you will be <<enter TA special circumstance>>.
Your rent will be charged at $15 per week while you are absent. If you return to your property before
six months your rent and rebate will be re-assessed based on your gross weekly income.
Although the Department understands tenants may at times need to be absent from their property for
an extended period, this is balanced with the need to ensure that housing stock is effectively and
efficiently utilised because it is in high demand. Therefore the Department generally allows tenants to
be absent for up to six months.
If you are unable to return to your property before the end of the six month period, and you believe
there are good reasons for extending the period of temporary absence, you should inform your local
Housing Office. Please note that extensions are generally only granted in exceptional circumstances.
Alternatively, if you are unable to return to your property, and no exceptional circumstances apply for
extending the period of temporary absence, you may wish to consider relinquishing your tenancy. If
you were to do so, and, if you were to subsequently require housing in the future, you may be able to
apply for early housing within two years of the date that your tenancy is terminated.
If, after the six month period you have not relinquished your tenancy and continue to be absent, the
Department may commence proceedings through Victorian Civil and Administrative Tribunal to regain
possession of your property. If the Department regains possession of your property in this manner you
will not be eligible to apply for early housing from the date the tenancy was terminated.
If you are unclear about any of these procedures or still intend to be absent from your home after the
six month has expired it is recommended that you contact the <<office>> to discuss your options.
In the meantime, if you have any queries, or require further information, do not hesitate to contact
<<HSO Name>> on <<HSO Number>>.
Yours sincerely,
Enter Signatory HERE
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8.5.3
Temporary Absence Letter – Joint Tenant (or
Remaining Household Members) Special
Circumstances Apply
Enter Name HERE
Enter Address HERE
ENTER SUBURB STATE PCODE HERE
Dear
You recently advised the Department of your intention to be temporarily absent from your property
from <<enter date left>> because you will be in <<enter TA category>>.
As there are other household members living in your property, the rental will be assessed on the
incomes of those remaining household members.
If, after six months you are unable to return to your property, it is recommended that you contact the
housing office to discuss your options.
In the meantime, if you have any queries, or require further information, do not hesitate to contact
<<HSO Name>> on <<HSO number>>.
Yours sincerely,
Enter Signatory HERE
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8.5.4
Temporary Absence Letter – Sole Tenant or Entire
Household – Special Circumstances Do Not Apply
Enter Name HERE
Enter Address HERE
ENTER SUBURB STATE PCODE HERE
Dear
You recently advised the Department of your intention to be temporarily absent from your property
from <<enter date left>> because you are <<enter reason for absence>>.
Please note that your reason for being absent does not fall within the Department’s prescribed special
circumstances criteria, so you will continue to be charged rebated rent as if you were still in residence
in the property. Our records show that your rent payable is currently <<insert current rent payable
amount>>.
Although the Department understands tenants may at times need to be absent from their property for
an extended period, this is balanced with the need to ensure that housing stock is effectively and
efficiently utilised because it is in high demand. Therefore the Department generally allows tenants to
be absent for up to six months.
If you are unable to return to your property before the end of the six month period, and you believe
there are good reasons for extending the period of temporary absence, you should inform your local
office. Please note that extensions are generally only granted in exceptional circumstances.
After the six month period if we have not heard from you, it may be presumed that you have not
returned to the property and the Department may take steps to regain possession of your property.
If you are unable to return to your property before the end of the six months, it is recommended that
you contact the housing office to discuss your options.
In the meantime, if you have any queries, or require further information, do not hesitate to <<HSO
Name>> on <<HSO number>>.
Yours sincerely,
Enter Signatory HERE
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October 2012
8.5.5
Temporary Absence Checklist
TEMPORARY ABSENCE CHECKLIST
Tenant(s) Name:
Address:
Household Composition:
Reason for Absence:
Name of Facility:
Address of Facility:
Telephone Number:
Documentation received by
facility:
Next of Kin Details/alternative
contact:

Yes

No
Name:
Address:
Telephone Number:
Date Commencing:
Expected Date of Return:
HiiP updated:
i.e.: file notes, subsidy, rebate
assessment etc
Letter sent to tenant confirming
arrangements:

Yes

No

Yes

No
Department Officer Signature: ___________________ Name: ____________________________
Endorsed By: ______________________________ (HSM)
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Date: ___ / ___ / 20__
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8.5.6
Fifth Month of Absence
Enter Name HERE
Enter Address HERE
ENTER SUBURB STATE PCODE HERE
Dear
Re: Account No. <<enter account number here>>
On the <<date temporary absence form submitted>> you advised the Department of your intention to
be temporarily vacant from your property from the <<enter date left>> because <<temp absence
reason>>.
A letter was sent to you on the << date first letter sent>> confirming the arrangement and advising you
that this arrangement could continue for six months.
Although the Department understands tenants may at times need to be absent from their property for
an extended period, this is balanced with the need to ensure that housing stock is effectively and
efficiently utilised because it is in high demand. Therefore the Department generally allows tenants to
be absent for up to six months.
The six month period is due to conclude on the <<date of conclusion>>. You must contact the
Department by this date, otherwise the Department may presume that you are not returning to your
property and steps may be taken to regain possession of your property. If you believe there are
special circumstances for extending the period of temporary absence beyond the six months you are
invited to inform <insert> accordingly.
If you have any queries, do not hesitate to contact <<HSO>> on <<HSO tel no>>.
Yours sincerely
Enter Signatory HERE
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8.5.7
Letter Advising Eligibility to Reapply
Enter Name HERE
Enter Address HERE
ENTER SUBURB STATE PCODE HERE
Dear
Re: Account No. <<enter account number here>>
On the <<Date>> you agreed to terminate your tenancy with the Director of Housing because you
advised you will be remaining in <<facility>> for an extended period <or describe other reason for
temporary absence extending beyond six month period>.
As the tenancy terminated within the six month period, you may be eligible to reapply for early housing
under the Temporary Absence category within two years from the date the Department ended your
tenancy.
Therefore, should you require housing within the next two years it is recommended that you contact
<<housing office>> on <<telephone number>> for more information on how to apply.
Yours sincerely
Enter Signatory HERE
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October 2012
8.5.8
Memorandum – Director – Six month expiry
Director – Housing Services
SUBJECT:
<Name of tenant(s)> <address> (the ‘rented premises’)
PURPOSE
To request that you decide whether to issue a 120 day notice to vacate against <name of tenants> of
<address> who has been absent from their rental property for longer than six months and have not
made any contact with the office in that time
BACKGROUND:
<Name of tenant(s)> tenancy commenced on <date>.
On <date> the < Housing Office> received notification for the above tenant to be temporarily absent
from their property as they were <enter reason given for their absence>.
On the <date> <name of tenant(s)> was sent a letter advising that if after six months they continued to
be absent for the property and had not relinquished their tenancy that the Department may initiate
legal action to regain possession of the property.
A further letter dated <enter date> was sent to the tenant advising that the six month period was due
to expire on <enter expiry date>. The letter stated that if they failed to contact the local Housing Office
within that time it may be presumed that they were not returning and that legal action may commence
to regain possession of their property.
ISSUES
The aim of the temporary absence policy is to balance the need for sole tenants and households to be
temporarily absent from the rented premises with the need of ensuring that housing stock is effectively
and efficiently utilised, given that it is in such high demand.
<either>
The tenant has not been in contact with the local Housing Office to advise of his/her intentions. The
local Housing Office has attempted to contact the tenant to ascertain their intentions <describe all
attempts made>.
<or>
The local Housing Office has been in contact with the tenant who has advised that <describe whether
they intend to return to the premises, if so, when, whether this is evidence etc>
<<Insert any additional information>>.
On the basis of the information gathered by the local office, the potential negative impact on the tenant
if the Director seeks possession is as follows <insert possible negative impacts to the family, health,
religion, culture, children, removal from their home etc> – See Guidance Note below.
The region recommends that the Director decides to seek possession of the premises because <insert
reasoning showing how it is appropriate and balanced to potentially cause the negative impact on the
tenant by evicting them to achieve the policy aim outlined in this memo>.
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RECOMMENDATION:
1.
That you decide whether to commence legal proceedings to regain possession of the property
at <property address>> in these circumstances, taking into account the potential negative
impact that eviction may have on the tenant (and any family) in light of the policy aim under
the Temporary Absence Policy.
2.
That you note upon receipt of the Order for Possession the local Housing Office intends to
request and execute a Warrant of Possession within seven days of its issue.
______________________________
Housing Manager
______________________
Date
______________________________
Director Housing Services
_______________________
Date
Human Rights Assessment - Guidance note for completing memorandum (tenant in prison)
The Director must ensure that its actions, including whether to issue a notice to vacate and seek
possession of the premises, are compatible with human rights.
The rights protected under the Charter of Human Rights and Responsibilities Act 2006 (Charter) may
be limited lawfully, as described in Section 7(2) of the Charter. The process of establishing whether a
limitation of a right is consistent with Section 7 of the Charter can be summarised in the following test:




Is the right engaged?
If so, has the right been limited?
If it has been limited, is that limitation reasonable, proportionate and rationally connected to the
policy objective the Director is trying to achieve?
Are there any other less restrictive options other than eviction that will fulfil the broad policy aim?
In deciding whether to issue a notice to vacate to the tenant, and seek to regain possession of the
premises on the basis of temporary absence, the following rights are most likely to be relevant in
relation to a sole tenant who is in prison:


Section 13 regarding privacy and reputation (which includes privacy in the home); and
Section 20 regarding property rights.
Note: There may be other rights which may also be engaged. This very much depends on the
individual circumstances of the tenant.
The Temporary Absence Policy objective (or broad policy aim) is:
To balance the need for sole tenants and households to be temporarily absent from the rented
premises with the aim of ensuring that housing stock is effectively and efficiently utilised.
Section 13 of the Charter states:
A person has the right:
(a) not to have his or her privacy, family, home or correspondence unlawfully or arbitrarily
interfered with; and
(b) not to have his or her reputation unlawfully attacked.
The term ‘home’ is not defined in the Charter, however it is well established that it should be given
broad meaning. The tenant has been given a legal right to his or her home pursuant to a formal lease.
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The Director will not be limiting the tenant’s right under Section 13 if it is acting lawfully, and not
arbitrarily. If the Director follows the procedures stated in the RTA when seeking possession, it will not
be acting unlawfully.
Secondly, the Director will not be acting arbitrarily when:


Acting in a manner consistent with its policies, in this case the Temporary Absence Policy in the
Tenancy Management Manual; and
Having regard to any relevant personal circumstances (including the length of the prison sentence,
the tenant’s personal circumstances, etc).
There is a need to have regard to any relevant (personal) circumstances, including options available if
the tenancy is terminated. These are not always readily apparent, which is why an interview with the
tenant is encouraged. Will he or she become homeless? Does he or she have supports (e.g. family,
services etc.) and local community connections which will be lost if evicted? Of course, an interview is
not always possible, but the Director does need to be able to properly contemplate whether the
limitation of identified rights is reasonable, proportionate and rationally connected to the policy
objective.
There also needs to be an assessment of whether there are any less restrictive means of achieving
the policy objective.
Section 20 of the Charter states:
A person must not be deprived of his or her property other than in accordance with the law.
A similar analysis to that applied in Section 13 (above) is relevant when discussing Section 20. That is,
that the right is not an absolute right to property, but that the right can only be interfered with if it is ‘in
accordance with the law’. Unlike Section 13 however, the requirement regarding acting arbitrarily is not
stated. Therefore if the Director is acting in accordance with the law (i.e. the RTA) then the right in
Section 20 will not be limited.
Accurate file notes off all actions should be taken.
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8.5.9
Letter – Tenant has been absent longer than six
months
Enter Name HERE
Enter Address HERE
ENTER SUBURB STATE PCODE HERE
Dear
You recently advised the Department that you are temporarily absent from your home from <<enter
date>> to <<enter date>> because you are in <<enter TA special circumstance>>.
Temporary absence policy
The Department generally allows tenants to be absent for up to six months. Although the Department
understands tenants may at times need to be absent from their property for an extended period, this is
balanced with the need to ensure that housing stock is effectively and efficiently utilised because it is
in high demand.
As you have been absent for longer than six months, the Department may commence legal action to
regain possession of your property by <<enter date seven days from sending date>>.
Please confirm your intentions
The Department therefore invites you to request an extension to the six month temporary absence
period if you believe there are important reasons for an extension being granted.
Please contact the Department immediately to discuss this. Otherwise, the Department will decide
whether to seek possession of the property on the basis of the information it has obtained to date.
If possession proceedings are made
Please note that as part of the process of regaining possession of your property, a Notice to Vacate is
issued requiring you to vacate the property with 120 days from the date of issue.
Whilst the legal process is occurring and pending approval from the Housing Services Manager, your
rent will be charged at $15 per week while you are absent.
Relinquishing your tenancy <only use paragraph if tenant paid reduced rent due to special
circs otherwise delete>
If you are unable to return to your property, and if there are no special circumstances warranting an
extension, you may wish to consider the option of relinquishing your tenancy. If you were to relinquish
your tenancy before the termination date on the Notice to Vacate, you might be able to apply for early
housing within two years from the date your tenancy terminated. This option will be discussed further
with you if you contact the local Housing Office.
Please contact the local housing office
Please contact <<HSO Name>> on <<HSO number>> to confirm whether there are special reasons
for extending the six-month period for temporary absence <or to discuss the option of relinquishing
your tenancy><delete this unless the tenant has paid less rent due to special circumstances>. You
should also feel free to contact <<HSO Name>> if you have any queries, or require further information,
do not hesitate to contact.
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Yours sincerely
Enter Signatory HERE
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October 2012
8.5.10
Sole (or Entire Household) intends to be absent
longer than six months with Special Circumstances
(note the six month period has not actually expired)
Enter Name HERE
Enter Address HERE
ENTER SUBURB STATE PCODE HERE
Dear
On the <<date notified>> you advised the Department that you are temporarily absent from your home
and that you would be absent from <<date left>> to <<date returned>> because you are in <<enter TA
special circumstance>>.
Temporary absence policy
The Department allows tenants to be absent for up to six months. Although the Department
understands tenants may at times need to be absent from their property for an extended period, this is
balanced with the need to ensure that housing stock is effectively and efficiently utilised because it is
in high demand.
Where a tenant is going to be absent longer than that the six month period, the Department generally
commences legal action to regain possession of the property.
As you have advised the Department that you will be absent from your home for more than six months
the Department may commence legal action on <<seven days from date letter being sent>>.
Please confirm your intentions
The Department therefore asks you to confirm whether you still intend to remain absent for longer than
six months. The Department also invites you to request an extension to the six month temporary
absence period if you believe there are important reasons for an extension being granted.
Please contact the Department immediately to discuss this. Otherwise, the Department will decide
whether to seek possession of the property on the basis of the information it has obtained to date.
If possession proceedings are made
Please note that as part of the process of regaining possession of your property, a Notice to Vacate is
issued requiring you to vacate the property with 120 days from the date of issue.
Whilst the legal process is occurring and pending approval from the Housing Services Manager, your
rent will be charged at $15 per week while you are absent.
Relinquishing your tenancy
If you were to relinquish your tenancy before the termination date on the Notice to Vacate, you might
be able to apply for early housing within two years from the date your tenancy terminated. This option
will be discussed further with you if you contact the local Housing Office.
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Please contact the local Housing Office
Please contact <<HSO Name>> on <<HSO number>> to confirm whether you still intend to be absent
beyond the six months or you believe there are special reasons for extending the six months. You
should also feel free to contact <<HSO Name>> if you have any queries, or require further information,
do not hesitate to contact.
Yours sincerely
Enter Signatory HERE
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October 2012
8.5.11
Memorandum – Director – Intend to be longer than
six months (not actually expired at this stage)
Director – Housing Services
SUBJECT:
<Name of tenant(s)> <address> (the ‘rented premises’)
PURPOSE
To request that you decide whether to issue a 120 day notice to vacate against <name of tenants> of
<address> who intend/s to be absent from their property for a period longer than the six month period
applicable under the temporary absence policy.
BACKGROUND:
<Name of tenant(s)> tenancy commenced on <date>.
On <date> the < name of tenant> advised the office that they would be temporarily absent from their
property as they were <enter reason given for their absence>.
On <date> <name of tenant(s)> was advised that six months is the generally the maximum allowable
absence, and that if they were going to be absent from the property for longer than six months, then
the Department may initiate legal action to regain possession of the property.
They were invited to provide any reasons as to why the temporary absence period should be
extended. <They were also advised of the option of relinquishing their tenancy, in order to be placed
on the early housing waiting list should they require housing within two years from the date of
relinquishment><only include if special circumstances applied to them>.
ISSUES
The aim of the temporary absence policy is to balance the need for tenants and households to be
temporarily absent from the rented premises with the need of ensuring that housing stock is effectively
and efficiently utilised, given that it is in such high demand.
The tenant/s have not relinquished their tenancy <remove if not applicable>.
<either>
The tenant/s have provided information confirming that they intend to remain absent from the property
for longer than six months and have provided the following reasons for this extended absence:
<insert reasons>
<or>
The tenant/s have not provided further information as to why they are to remain absent from the
premises for more than six months. The tenant has not been in contact with the local Housing Office to
advise of his/her intentions. The local office has attempted to contact the tenant to ascertain their
intentions <describe all attempts made>.
<<Insert any additional information>>.
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On the basis of the information gathered by the local office, the potential negative impact on the tenant
if the Director seeks possession is as follows <insert possible negative impacts to the family, health,
religion, culture, children, removal of home etc> - Refer Guidance Note above.
The region recommends that the Director decides to seek possession of the premises because <insert
reasoning showing how it is appropriate and balanced to potentially cause the negative impact on the
tenant by evicting them to achieve the policy aim outlined in this memo>.
RECOMMENDATION:
1.
That you decide whether to commence legal proceedings to regain possession of the property
at <property address>> in these circumstances, taking into account the potential negative
impact that eviction may have on the tenant (and any family) in light of the policy aim under
the Temporary Absence Policy.
2.
That you note upon receipt of the Order for Possession the local Housing Office intends to
request and execute a Warrant of Possession within seven days of its issue.
______________________________
Housing Manager
______________________
Date
______________________________
Director Housing Services
_______________________
Date
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October 2012
8.5.12
Form 4
FORM 4
SCHEDULE 1
Section 51
SERVICE AND EXECUTION OF PROCESS ACT 1992
NOTICE TO RESPONDENT
YOU SHOULD READ THIS NOTICE AND THE ATTACHED DOCUMENT VERY CAREFULLY.
IF YOU HAVE ANY TROUBLE UNDERSTANDING THEM YOU SHOULD
GET LEGAL ADVICE AS SOON AS POSSIBLE
Attached to this notice is an Application by a Landlord to VCAT issued by VCAT (Residential Tenancies
List).
Service of the attached process outside Victoria is authorised by the Service and Execution of Process Act
1992 if the claim against you concerns:
(a)
real property within Victoria; or
(b)
a contract, wherever made, for the supply of goods or the provision of services of any kind
(including financial services) within Victoria; or
(c)
an act or omission in Victoria; or
(d)
the carrying on of a profession, trade or occupation within Victoria; or
(e)
a pension or benefit under a law of Victoria; or
(f)
the validity of an act or transaction under a law of Victoria.
The attached process is served in reliance on item(s) (a), (b), (c), (e) or (f).
YOUR RIGHTS
If you think that none of the above items applies in this case, you should get legal advice as soon as
possible on what to do to stop VCAT dealing with this Application against you.
CONTESTING THE APPLICATION
If you want to contest this Application, you must take any action set out in the attached process as
being necessary to contest the Application.
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8.5.13
Affidavit of Service
VCAT
Residential Tenancies List
BETWEEN
Number R____________
DIRECTOR OF HOUSING
Applicant
AND
<Tenant/s names>
Respondent/s
AFFIDAVIT OF SERVICE
I <HSO’s name> of <Housing Office><Housing Office address> in Victoria, Housing Services Officer,
MAKE OATH AND SAY:
1.
I served the following documents on <tenant/s names>, the Respondents in this application:
(a)
a copy of the Application together with all notices which have previously been served
on the Respondents with respect to this Application; and
(b)
the notice prescribed pursuant to section 51 of the Service and Execution of Process
Act 1992 being Form 4 of Schedule 1 of the Service and Execution of Process
Regulations.
2.
I served these documents by posting them at the <location> Post Office by registered post at
<time> am/pm on <day of the week> the <date> day of <month> 1999 addressed to the
Respondents <tenant/s names> at <tenant/s’ address>.
3.
Now produced to me and marked “<HSO’s initials> 1” are the documents which I served as
aforesaid.
SWORN by <HSO’s name>
)
at <location> on the <date>
)
of <month> 20__
)
Before me:
<HSO’s signature>
<witness’s signature>
VCAT
Residential Tenancies List
BETWEEN
Number R
DIRECTOR OF HOUSING
as Applicant
AND
<Tenant/s names>
as Respondent/s
These are the documents marked “<HSO’s initials> 1” produced and shown to <HSO’s name> at the
time of swearing his Affidavit before me.
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Before me
<witness’s signature>
<Attach the original application and form 4 to this page>
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8.5.14
48 Hour Eviction Briefing Note
48 HOUR EVICTION BRIEFING NOTE
<controlling office>
Date and Time Scheduled for Eviction:
Account Number:
<account number>
Household Profile:
<tenant(s)>
Address:
<address>
Household Income:
$<income>
Tenancy Commencement Date:
<start date>
Amount of Rental Arrears:
<total amount> being
Number of Weeks in Arrears:
<number of weeks>
Other Debts:
<total debts>
Number of Agreements:
<number of agreements>
Number of Tribunal Hearings:
<RTT count>
Community Police to Attend:
Y/N
Anticipated Media Involvement:
Y/N
<role>
<age>
<weekly amount>
Further relevant information:
For further information contact <name of officer>
Telephone: <tel number>
Housing Office to fax to:
Minister’s Office: (03) 9096 0055
Regional Client Services Manager: (tel. no. as per
region.
Executive Director, Housing and Community
Building: (03) 9096 9140
Regional Housing Manager: (tel. no. as per region)
Media Unit: (03) 9096 7233
Director, Client Services and Programs: 9096 9234
Manager, Housing Primary and Complex Care: (tel.
no. as per region)
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8.5.15
Warrant Application Outcome (Warrant Executed)
WARRANT APPLICATION OUTCOME
<controlling office>
Account Number:
<account>
Tenants:
<tenant>
Address:
<role>
<age>
<property address>
Executed Warrant
Date:
<action date>
Tenant Present: Y / N
Amount of Arrears:
Rent
Maintenance
Comments:
<$rent>
<$maintenance>
<comments>
For further information contact <HSO name>
Telephone <tel number>
Housing Office to fax to:
Minister’s Office: (03) 9096 0055
Regional Client Services Manager: (tel. no. as per
region.
Executive Director, Housing and Community
Building: (03) 9096 9140
Regional Housing Manager: (tel. no. as per region)
Media Unit: (03) 9096 7233
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8.5.16
Warrant Application Outcome (Warrant Lapsed)
WARRANT APPLICATION OUTCOME
<controlling office>
Account Number:
<account>
Tenants:
<tenant>
Address:
<role>
<age>
<property address>
Warrant Lapsed
Reason:
<reason>
Date:
<action date>
Amount of Arrears:
Rent
<$rent>
Maintenance
<$maintenance>
Amount of Rent Arrears Paid:
Receipt Number:
Comments:
<comments>
For further information contact <officer name>
Telephone <tel number>
Housing Office to fax to:
Minister’s Office: (03) 9096 0055
Regional Client Services Manager: (tel. no. as per
region.
Executive Director, Public Housing and Community
Building: (03) 9096 9140
Regional Housing Manager: (tel. no. as per region)
Media Unit: (03) 9096 7233
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