Allocations Manual Chapter 12 Mutual Swaps April 2012 Mutual Swaps April 2012 Published by the Housing and Community Building Division 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. 2 Allocations Manual Mutual Swaps April 2012 Table of Contents 12.1 DEFINITIONS ........................................................................................................................ 4 12.2 MUTUAL SWAPS POLICY ................................................................................................... 5 12.2.1 12.2.2 12.2.3 12.2.4 12.2.5 12.2.6 12.3 HOME SWAPS PROCEDURES ........................................................................................... 8 12.3.1 12.3.2 12.3.3 12.3.4 12.3.5 12.3.6 12.4 Introduction ........................................................................................................ 5 Registering Interest for a Mutual Swap.............................................................. 5 Application for a Mutual Swap ........................................................................... 5 Assessing Eligibility............................................................................................ 6 Maintenance ...................................................................................................... 6 Tenure review .................................................................................................... 7 Registering the Interest to Swap ........................................................................ 8 Applying for a Mutual Swap ............................................................................... 8 Assessing Eligibility............................................................................................ 9 Arrange Inspection/s .......................................................................................... 9 If The Mutual Swap Is Not Approved ............................................................... 10 If A Mutual Swap Occurs Without Approval ..................................................... 10 APPENDICES ..................................................................................................................... 12 12.4.1 12.4.2 12.4.3 Mutual Swap Interest Form .............................................................................. 12 Mutual Swap Confirmation Letter .................................................................... 14 Mutual Swap Matches List ............................................................................... 15 Note: Appendices have been highlighted and linked throughout the Chapter in blue italic text. 3 Allocations Manual Mutual Swaps April 2012 12.1 Definitions See Introduction and Overview Chapter of this manual 4 Allocations Manual Mutual Swaps April 2012 12.2 Mutual Swaps Policy 12.2.1 Introduction Department tenants are permitted to swap their rented properties with other Department tenants within Victoria in accordance with the mutual swap policy. The Department maintains a mutual swap intranet database for the promotion and management of mutual swap information, for regional staff to access on behalf of tenants. The database enables tenants to register their intention to relocate using the mutual swap process and obtain information regarding other tenants wishing to do the same, via the local Housing Office. 12.2.2 Registering Interest for a Mutual Swap Current Department tenants can register their interest for a mutual swap by completing the Mutual Swap Interest Form. This form contains a Form of Authority to obtain the tenant’s consent to release their property and contact details to other tenants wishing to participate in the mutual swap process. These details are registered on the mutual swap intranet database. Note: Should the Form of Authority not be completed, the local Housing Office is required to act as a liaison on behalf of the tenant/s. This is to ensure privacy is maintained. Tenants are not required to submit an Application for Public Housing at the time they register their interest to swap, however, may do so if they wish to be assessed for eligibility to be placed on the General Housing waiting list. Tenants who wish to swap their properties are required to contact other tenants with whom they wish to swap. The tenants arrange to inspect the respective properties they are interested in swapping to before deciding whether to request that the Department assess the mutual swap for approval. 12.2.3 Application for a Mutual Swap Applications and Eligibility Chapter Eligibility Criteria Tenants who apply to swap are required to meet all General Housing eligibility criteria, and must also be eligible for the size of the property to which they will be moving as outlined in the Applications and Eligibility Chapter on this manual. Additional eligibility requirements include; Households must meet the accommodation scheme requirements. For example, a swap between an RSE household and an RGS household would be considered inappropriate. The property must meet any existing or approved modifications required by any household member (ie. ground floor, step-less shower, etc.) Only household members who have resided together for at least six months can be included in determining the appropriate housing size for a mutual swap. The six-month requirement avoids the situation of a long-term public housing outcome being provided in response to a short-term overcrowding situation. Note: Where the household size changes due to an increase in dependants or where a new household member has moved into the household in order to receive or give on-going care, the six-month wait period is waived. 5 Allocations Manual Mutual Swaps April 2012 Following an initial allocation of public housing, a tenant may apply for a mutual swap at any time. Although a tenant must wait at least one year after a transfer or swap before any subsequent swaps can be approved, they may apply for an early housing transfer at any time if they need to move sooner. Note: The one-year requirement does not apply where the applicant has an approved Early Housing Transfer application, or is a first-time public housing tenant. Tenants can choose to swap within or outside their existing waiting list area. Documentation Tenants applying for a mutual swap are required to submit the following documentation to their local Housing Office for approval to swap: A Mutual Swap Confirmation Letter A completed Application for Public Housing form including any documentation required to assess eligibility. Note: If a tenant has already lodged a transfer application, this application is used for the purpose of the mutual swap. Incomplete Applications An application to swap is incomplete if documentation regarding the household’s eligibility is not supplied, or sections of the Application for Public Housing form have not been completed. 12.2.4 Assessing Eligibility Each office is responsible for the assessment of its own tenants’ eligibility for a mutual swap. Upon each application being assessed, both Housing Offices must agree to the mutual swap before it can proceed. For example, should one tenant not meet the eligibility criteria, the swap will not proceed. Eligible applications Once a mutual swap application is assessed as eligible, the Public Housing application is approved and placed on the applicant’s preferred broadband in accordance with the household’s size. Ineligible applications If an application is assessed as ineligible according to the General Housing eligibility criteria and mutual swap eligibility criteria, the mutual swap is not approved. If the ineligible applicant becomes eligible at a later date they are able to lodge a new application. 12.2.5 Maintenance Maintenance Manual Because mutual swap properties are not vacant for any period of time, the Office of Housing is not able to undertake vacant property maintenance. Tenants who are eligible for a mutual swap must therefore accept their new housing in the condition in which they find it when they inspect. 6 Allocations Manual Mutual Swaps April 2012 The Department also inspects the properties of both the tenants wishing to swap, prior to the approval of a swap being made. At the inspection, a Tenancy Condition Report (TCR) is completed and maintenance for which each tenant is responsible is arranged and completed prior to the swap, as detailed in the Maintenance Manual. This ensures that any cost for which the tenant is responsible is charged to the tenant’s account and paid prior to the swap. Note: The Department does not change the locks to the properties as a result of the mutual swap. Tenants are responsible for ensuring that all keys to the respective properties are swapped at the time the mutual swap proceeds. 12.2.6 Tenure review Introduction and Overview Chapter All tenants, other than those aged 65 years and over, who swap properties will have their eligibility for housing reassessed at five-year intervals in accordance with the Department’s Tenure Review Policy as referred to in the Introduction and Overview Chapter of this manual. Note: Where an Early Housing application is utilised for a mutual swap, non-reviewable tenants retain their non-reviewable status. 7 Allocations Manual Mutual Swaps April 2012 12.3 Home Swaps Procedures 12.3.1 Registering the Interest to Swap Applications and Eligibility Chapter Receiving the Mutual Swap Interest Form Ensure the tenant has completed all details in the Mutual Swap Interest Form. Inform the tenant that they may complete an Application for Public Housing at this time if they also wish to be included on the Public Housing waiting list. However, the tenant may do this once a request to swap properties is made i.e. once a suitable property to swap to is located. If an Application for Public Housing is lodged, the tenant and any other household members are required to provide current income, asset and other necessary documentation to support their eligibility as referred to in the Applications and Eligibility Chapter of this manual. If the tenant/s already has an approved Application for Public Housing for a transfer, advise them that this application will be used for their mutual swap if their request is approved. Registering the Interest to Swap Enter the tenant’s details from the Mutual Swap Interest Form into the mutual swap intranet database. Confirm that the details entered match those stored in HiiP. Note: Tenants are only required to register their interest to participate in the mutual swap process once. Should there be a change in the tenant’s circumstances, their record can be updated. Once the details have been entered into the mutual swap intranet database, provide tenants with the Mutual Swap Matches List. This list contains addresses and contact details of tenants already registered in the mutual swap process, whose property details match the desired property details entered on the intranet database. Note: Where the Form of Authority that is attached to the Mutual Swap Interest form has not been completed, the local Housing Office is required to act as a liaison on behalf of the tenant/s. This is to ensure privacy is maintained at all times. 12.3.2 Applying for a Mutual Swap Applications and Eligibility Chapter Check that the tenant/s applying for a mutual swap have provided: a Mutual Swap Confirmation Letter a completed Application for Public Housing form including any documentation required to assess eligibility. Follow the procedure described in the Applications and Eligibility Chapter in this Manual. Capture the details contained in the application and other documentation in HiiP, selecting ‘mutual swap’ as the application type. Assess the household for eligibility for public housing, and if eligible, approve the application to their preferred broadband areas. Incomplete Applications 8 Allocations Manual Mutual Swaps April 2012 Incomplete applications are registered, and a letter is sent to the applicant requesting the necessary information or documentation. If the application form itself has not been completed, the form is also returned (e.g. where the statutory declaration at the end of the application stating all the information provided is true and correct is not signed). If the information is not received within 28 days from the date the letter was sent, the application is made ineligible. An ineligible application cannot be revived and placed on the waiting list unless it was incorrectly made ineligible by the Department. Applicants will be required to resubmit a new application. 12.3.3 Assessing Eligibility Matching Clients with Housing Chapter If the swap involves a tenant from a locality that comes under the responsibility of another Housing Office, conduct the assessment for your tenant only. Make arrangements for the other Housing Office to assess their tenant’s eligibility in HiiP. Both Housing Offices must agree to the mutual swap before it can proceed. For example, should one tenant not meet the eligibility criteria, the swap may not proceed. Check the tenants’ current tenancy history in order to determine if they are eligible for a mutual swap. Following an initial allocation of public housing, a tenant may apply for a mutual swap at any stage. If the tenants were allocated their current housing via a mutual swap or transfer, check that they have each been living in their current accommodation for more than one year. If they have been living in their current accommodation for more than a year, continue with the swap assessment. If the tenants have been living in their current housing for less than a year, determine if special circumstances apply. For example, where an applicant has not resided in their property for over a year but has an approved Early Housing Transfer application, the swap may be approved. Note: The one year requirement does not apply where the applicant has a current approved Early Housing Transfer application, or is a first-time public housing tenant. Check to see if the household has any outstanding rental arrears, water charges, bond loan or maintenance debts from their current tenancy or previous business with the Department. Advise the tenant that all Department debts must be paid in full. Check if the household is eligible for the housing size they have applied to swap to. If either household is not eligible refer the file to the Housing Services Manager (HSM) for further consideration. The HSM will take into consideration relative demand for the stock type involved, as referred to in the Matching Clients with Housing Chapter of this manual. Check to see that both households are of the same accommodation scheme requirements and that the properties meet each household’s special accommodation requirements. Note: Only household members who have resided together for at least six months can be included in determining the appropriate housing size. Where the household size changes due to an increase in dependants or where a new household member has moved into the household in order to receive or to give ongoing care, the six-month wait period is waived. Ineligible applications If an application is assessed as ‘ineligible’, send a letter to the relevant applicant within 28 days of receipt of all documentation. The ineligible applicant is informed that they are able to lodge a new application if they become eligible at a later date. 12.3.4 Arrange Inspection/s 9 Allocations Manual Mutual Swaps April 2012 Maintenance Manual Arrange a time for an inspection of the property and prepare an inspection report. Explain to the tenant that they must accept their new housing without the Department completing any vacated maintenance. If maintenance is required to the property which will incur tenant responsibility (TR) charges, inform the tenant/s and arrange for all maintenance items to be actioned immediately as referred to in the Maintenance Manual. If both tenants meet the Department eligibility criteria for a mutual swap, the swap can be approved subject to the tenants paying all outstanding charges (if applicable), including TR maintenance charges (if applicable) prior to the mutual swap taking place. 12.3.5 If The Mutual Swap Is Approved Maintenance Manual Signing Residential Tenancy Agreements Chapter Represented Tenants and Applicants Chapter If the swap involves a tenant from a locality that comes under the responsibility of another Housing Office, liaise with the local office to sign a Residential Tenancy Agreement on the same day. Advise them to pay any outstanding charges (if applicable) prior to the appointment and to bring receipts of payment, if necessary. A new Tenancy Condition Report must also be completed for the new tenancy as referred to in the Maintenance Manual. Refer to the Signing Residential Tenancy Agreements Chapter in this manual for sign up procedures. If the applicant has a representative acting on their behalf, refer to the Represented Tenants and Applicants Chapter in the Tenancy Management manual for more information. 12.3.6 If The Mutual Swap Is Not Approved Applications and Eligibility Chapter If the swap is not approved, send a letter to the tenant advising: their application to swap has not been approved, and the reason it was not approved their public housing application can remain on the waiting list for a transfer, if they meet all the General Housing eligibility criteria of their right to appeal the decision. 12.3.7 If A Mutual Swap Occurs Without Approval Maintenance Manual Signing Residential Tenancy Agreements Chapter Tenancy Management Manual If the tenants have swapped properties without the Department’s approval, ask each tenant to submit documentation to demonstrate they meet the eligibility requirements. Submit their mutual swap application to the HSM for assessment. 10 Allocations Manual Mutual Swaps April 2012 If their application is approved by the HSM, advise them that they will be responsible for any TR maintenance charges in the new property as they swapped without prior approval and before a property inspection could be conducted. If the tenant provides evidence that the damage was not caused by them, a member of their household or a visitor they permitted onto the property, consider whether any TR maintenance charges are to be applied to the former tenant’s tenancy or the new tenancy. Refer to the Maintenance Manual for further information. Create a new tenancy account on HiiP, and arrange for the tenants to immediately sign Residential Tenancy Agreements at the relevant Housing Office. Ensure that the start and end dates for both tenancies are the same day. Note: A new TCR must also be completed for both new tenancies. If the request for a mutual swap is not approved, send a letter by registered post to each tenant advising them: their application for a mutual swap has not been approved, and the reason it was not approved that they have moved into the property without the Department’s consent, and they must return to their previous housing immediately that if they do not return to their previous housing, the Department will commence legal action that they have the right to appeal the decision. Negotiate with the tenants to return to their previous housing within a reasonable timeframe (e.g. within 14 days from the date of receipt of the letter). If the tenants refuse to move back to their respective housing, initiate legal action by following the procedure outlined in the Tenancy Management Manual. 11 Allocations Manual Mutual Swaps April 2012 12.4 Appendices 12.4.1 Mutual Swap Interest Form Mutual Swap Interest Form CLIENT DETAILS Tenant’s Name: Application No. (if applicable): Contact No. Contact email: CURRENT PROPERTY DETAILS Address: Suburb: Postcode: Region: Note: Only ONE option may be selected from each section below: RAGB property: Yes No Property type: High rise Walk up flat House Unit Flat Other Concrete Brick Timber Property cladding: Access type: Bedrooms: 1 Flight of stairs 2 Flights of stairs Ground floor Lift access 1br 2br 3br 4br Shed Additional details: Other 3 Flights of stairs 5br 6br Garage Sleep out Additional comments (Limited to 100 characters): _________________________________________________________________________________ _________________________________________________________________________________ _______________________________________ DESIRED PROPERTY DETAILS Note: MULTIPLE options may be selected from each section below: Suburb/s: 1. 2. 3. Region: RAGB property: Yes No Property type: High rise Unit Walk up flat House Flat Other 12 Allocations Manual Mutual Swaps April 2012 Concrete Property cladding: Brick Timber Other Access type: 1 Flight of stairs Ground floor 2 Flights of stairs Lift access 3 Flights of stairs Bedrooms: 1br 3br 5br Additional details: Shed 2br Garage 4br 6br Sleep out FORM OF AUTHORITY The tenant who is registering their interest to participate in the mutual swap process should complete the section below. When registering your interest to participate in the mutual swap process, it will be necessary for Department staff to speak to other tenants also interested in participating in the mutual swap process. Only details that directly relate to this mutual swap interest from will be discussed. By completing this section, you are providing your consent for the Department to release specific information about your interest to swap, to other interested mutual swap applicants. I, (Full name) _______________________________________________________ of (Complete address) ________________________________________________ hereby authorise the Director of Housing or officers acting on behalf of the Director of Housing, to disclose relevant information to other applicants registered in the mutual swap process. I understand this may occur at any time while my interest in the mutual swap process is active. …………………………………………………. Tenant’s Signature _____ / _____ / 20____ Date Note: Withdrawal of consent to disclose information to other participants in the mutual swap process can be made at any time by written notice to a local housing office. The withdrawal of consent will operate from the date of receipt. All documentation and client data received is managed in accordance with the Information Privacy Act 2000. 13 Allocations Manual Mutual Swaps April 2012 12.4.2 Mutual Swap Confirmation Letter Tenant’s name: Tenant’s address: Attention: Housing Services Officer RE: Approval for a Mutual Swap I am writing to confirm that I would like to participate in the Department’s Mutual Swap process. I have contacted the tenant with whom I wish to swap and we have agreed to participate in the mutual swap process. Details of the proposed mutual swap are as follows: I, (full name) ______________________________________________________________________ of (full address) ___________________________________________________________________ want to enter into a mutual swap with (full name of other swap participant) _________________________________________________________________________________ of (full address of other swap participant) _______________________________________________ _________________________________________________________________________________ Please find attached my completed Application for rental housing form. If you have any further questions in relation to the above matter, please contact me on (tenant’s phone number) _______________________ Yours sincerely …………………………………………….(Tenant’s signature) OFFICE USE ONLY Mutual swap approved: Yes No If No, why? _______________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Tenant advised of outcome: Yes No 14 Allocations Manual Mutual Swaps April 2012 12.4.3 BACK Mutual Swap Matches List PRINT RAGB property: Suburb: Region: Type: Cladding: Access: Bedrooms: Additional details: No Any Eastern High rise OR House Brick Any 2br OR 3br Garage Address Suburb Contact name Contact phone number 13 Black Road Doncaster Miss Smith 9848 6677 29 Cool Street East Doncaster Sally Jones 9842 3765 Contact local housing office (Ref # 345) for further details 1/354 Market Avenue Blackburn Mr Jackson 0978 321 654 Contact local housing office (Ref # 765) for further details 81 Easy Lane Box Hill Than Nguyen 15 Allocations Manual Mutual Swaps April 2012 0437 686 198
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