Tenancy Issues

If you were in rented accommodation before you came into prison, and the owner of the property (or their agent) has not been informed that you are in prison, Debts MAY be accumulating in your name. Your situation will depend on the type of tenancy you had, whether or not you were sharing with other people and how much support you have on the outside.

Department of Housing: sole tenant

If you were in a Department of Housing tenancy on your own and your prison sentence is less than 6 months, it may be possible to arrange with Department of Housing for you to sublet the property to someone else, who is approved by Department of Housing. If that can be done the full market rent will have to be paid to Department of Housing.

Subletting in this way carries risks for you.

Because you are effectively subletting the property to another person you will be liable for any damage done to the property or other debts incurred. Department of Housing can pursue you for compensation or other costs incurred. You, in turn, could pursue the person you sublet to but may not be successful and end up further out of pocket.

If it is not possible for you to find someone else to sublet the property to it would be in your interest to see if family or friends can move your things out, clean up the property and get the keys back to Department of Housing as soon as possible. That way you avoid further rent arrears building up or having to pay Department of Housing the costs of getting possession of, and clearing the property. If there is no one that you can rely on to clear the house and return the keys, you may have to rely on Department of Housing to do that job for you.

If Department of Housing clears the property you will be liable to pay the costs incurred. If Department of Housing cannot contact you to make arrangements for someone to collect your possessions they will be dealt with as "abandoned goods".

See the note on abandoned goods at the end of this information sheet.

Department of Housing: shared tenancy

Whoever is still living in the property should advise Department of Housing that there has been a change in circumstances and request a rent review. The rent will probably go down because the household income has decreased.

Usually the tenancy would continue on with the other tenant continuing to pay the rent and take responsibility for the property. You should bear in mind however, that you could still possibly be liable for any debts arising out of the tenancy eg tenant liability.

You should advise Department of Housing that you are no longer living in the property, especially if the other tenants are unreliable in paying the rent or likely to damage the property.

Private Tenancies; sole tenant

If you were renting privately through an estate agent or directly with the owner it would be in your interests to notify the owner or agent as soon as possible that you are no longer living there. It may be possible for you to sublet the property to someone else for the time that you are in prison, but you would have to negotiate this with the owner.

How practical this would be will depend on the goodwill of the owner and how long you are likely to be in prison.

If you cannot sublet the property it would be in your interests to see if family or friends can move your things out, clean up the property and return the keys as soon as possible. That way you avoid the extra expense of the owner doing those things.

If your tenancy was a fixed term (ie, it was for a set period of time, for instance 6 months) and abandon the tenancy you could be liable for paying the rent on that property until the lease agreement runs out/or the owner finds another tenant. You could also be liable for the costs of finding a new tenant before the lease expires.

The owner of the property will be able to claim any losses from any bond your paid at the start of the tenancy. However you will want to minimise your losses and get back as much of the bond as you can.

Private tenancy, shared tenancy

May not be affected by the fact that you are in prison. As long as the co-tenants continue to pay the rent and meet other obligations under the agreement the tenancy could continue.

You should remember that unless your name is removed from the tenancy agreement you may find that you are liable for damage to the property and/or debts incurred through the activities of the other tenant/s.

Further information about your rights as a tenant can be obtained from The Department of Consumer and Employment Protection (DOCEP) on 1300 -304054 or Tenants Advice Service  on 9221 9499.

APPLICATIONS FOR PRIORITY ASSISTANCE WITH THE DEPARTMENT OF HOUSING

When you apply for Department of Housing accommodation, or want to transfer from one Department of Housing property to another, your application will normally be placed on a waiting list.

It may take a number of years to be offered accommodation, or a transfer, depending on where you want to live and the type of property you want.

If you cannot wait this long because of your circumstances, the Department of Housing may consider you for Priority Assistance which means that you will be housed as soon as a suitable property becomes available. This may take a number of weeks, or even months.

To apply for Priority Assistance.

You will need to ask Department of Housing staff to grant you a Priority Assistance interview at the time you lodge your application for housing or a transfer. There is no particular form to fill in.

If you are already on the accommodation or transfer waiting list, and find that your circumstances have changed, you can ask the Department of Housing to upgrade your application to Priority Assistance status.

How your application will be assessed.

The Department of Housing will mainly consider whether or not you have other housing options, eg, can obtain private rental accommodation or share with family or friends. It is however, recognised that some people will have greater difficulty in obtaining accommodation because of:

• Discrimination
• Physical, intellectual or psychiatric disabilities
• Illnesses or an emotional crisis
• Financial hardship
• Lack of family/social supports
• The threat of violence.
• The assessment of your application

When deciding if an application for Priority Assistance is warranted, the Department of Housing will take into account one or more of the following factors:

Medical

• The effect of your present accommodation in affecting the health of you or your family.
• The availability of medical treatment in your area.
• Whether the household wage earner is terminally ill
• Financial problems due to medical costs.
• The need for a member of the household to use a wheelchair.
• The fact that a disabled person has to travel large distances to work or the shops etc and is suffering stress as a result of this.
  Domestic Violence

Domestic Violence

Whether the applicant is a victim of domestic violence and does not have any other viable options because of lack of money or because they can’t stay with family/friends etc.

Children

Whether child abuse has been experienced by a family member and the family and the family move to avoid the abuser or to help the child recover.
AND/OR
Whether a person requires stable accommodation in order to take a child out of care.

Homelessness

Whether a person is genuinely homeless or only able to get crisis accommodation such as hostel or refuge.

Substandard Accommodation

Whether or not the property a person is currently living in is substandard and/or been condemned by the local council.

General

There may be other reasons why a person cannot access other accommodation because of their age, health, lack of resources or support or language difficulties.
These are just some of the criteria that Department of Housing uses to decide whether you should receive Priority Assistance. There may be others which are unique to your situation.

The main criterion,

The main criterion which Department of Housing will use is whether there is other accommodation available to you while you wait for an allocation through the usual process.

Support your claim for Priority Assistance

You should gather together as much relevant supporting evidence as you can to support your claim, eg, letter of support from a financial counsellor, social worker, refuge worker or your doctor. (Check that your doctor will not charge you a fee for writing a support letter).

If your claim for Priority Assistance is rejected.

You can appeal that decision. You should seek more information about appealing a Department of Housing decision.

If you are granted Priority Assistance.

You will be placed on the waiting list for Priority Assistance. The length of time you have to wait will depend on the availability of accommodation at the time. Usually 6 - 8 weeks, but it can be longer in some areas.

You may only get one offer.

If you reject the offer of property, Department of Housing may take you off priority listing and place you back on the normal waiting list UNLESS you have good reason for rejecting the offer. You can appeal any decision to take you off the Priority Assistance list.

You may be offered Bond Assistance.

You may be offered Bond Assistance, which is a repayable loan to help you meet the costs of going into rental in the private market. It is usually repaid at $10.00 per fortnight.

Emergency Housing.

If your situation is so desperate that you cannot wait for a Priority Assistance allocation, you can apply for emergency housing.

Emergency Housing allocations are very rarely made and can only run for a 12 week period.

During this time you need to apply for Priority Assistance and/or explore other housing options, to avoid being in crisis again when the 12 week period has lapsed.

You will need to take proof of your income and support letters with you to prove that you have no other options and need an emergency house.

Department of Housing (Homeswest) debts.

Having a Department of Housing debt will not necessarily preclude you from receiving Priority Assistance, but you will probably need to come to an arrangement to pay those debts before you will be assisted. The Ministry will consider each case on its merits.

If you disagree with the Ministry’s decision that you have a debt, or the amount of the debt, you may be able to appeal that decision. You should seek further information and/or advice.

Department of Housing, Community Support Agencies and other contacts

Contact Points for Further Information or Assistance
Department of Housing
ARMADALE
(08) 9497 1600
BENTLEY
(08) 9458 2001
CANNINGTON
(08) 9356 0444
FREMANTLE
(08) 9340 0300
KWINANA
(08) 9349 0300
MANDURAH
(08) 9535 5788
MIDLAND
(08) 9250 9191
MIRRABOOKA
(08) 9344 0555
PERTH CITY
(08) 9476 2444

For Further Information and/or Advice
State Ombudsman
(08) 9220 7555
1800 117 000 Toll Free
Level 12,

St Martins Tower

44 St Georges Terrace
PERTH WA 6000

Equal Opportunities Commission
(08) 9216 3900

1800 198 149 Toll Free
2nd Floor
141 St Georges Terrace
PERTH WA 6000

For independent information and advice you can phone the following Community Legal Centres which can assist with Welfare Rights issues.

Welfare Rights & Advocacy Service (Perth)
(08) 9328 1751
Community Legal & AdvocacyCentre (Fremantle)
(08) 9432 9790
SCALES (Rockingham)
(08) 9528 6077
Sussex Street Community Law Service (Victoria Park)
(08) 9470 1805
Geraldton Resource Centre (Geraldton)
(08) 9964 3533
Pilbara Community Legal Service (Port Hedland)
(08) 9140 1613

WARNING! This information sheet is intended ONLY to provide general information and should not be regarded as legal advice. You may need to seek further information and/or advice about your personal circumstances.