Mutual swaps
Tenancy management manualPage 1
Mutual swaps
Mutual swaps
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Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne.
© State of Victoria, Department of Health and Human ServicesFebruary 2015.
This work is licensed under a Creative Commons Attribution 3.0 licence (creativecommons.org/licenses/by/3.0/au). It is a condition of this licence that you credit the State of Victoria as author.
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Contents
Mutual swaps policy
Introduction
Registering Interest for a mutual swap
Application for a mutual swap
Assessing eligibility
Maintenance
Tenure review
Mutual swaps procedures
Registering the interest to swap
Applying for a mutual swap
Assessing eligibility
Arrange Inspection/s
If the mutual swap is approved
If the mutual swap is not approved
If a mutual swap occurs without approval
Tenancy management manualPage 1
Mutual swaps
Mutual swaps policy
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 of Health and Human Services (the department) maintains a mutual swap intranet database for the promotion and management of mutual swap information, for divisional 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 office.
Registering Interest for a mutual swap
Current department tenants can register their interest for a mutual swap by completing the Mutual swapinterest 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 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 the Register of interest applicationfor the Victorian Housing Register (the register) 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 register.
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 by lodging the Mutual swap confirmation letter.
Application for a mutual swap
Refer the register’s Eligibility policy framework andoperational guidelines
Eligibility criteria
Tenants who apply to swap are required to meet the register’s eligibility criteria, and must also be eligible for the size of the property to which they will be moving as outlined in the register’shousing size guidelines..
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 (i.e. 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.
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 a housing transfer under Priority Access at any time if they need to move sooner.
Note: The one-year requirement does not apply where the applicant has an approved Priority access transfer application, or is a first-time public housing tenant.
Tenants can choose to swap within or outside their existing preferred area.
Documentation
Tenants applying for a mutual swap are required to submit the following documentation to their local office for approval to swap once they have contacted the other tenant:
•a Mutual swapconfirmation letter
•a completed Victorian Housing Register of interest application, 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 Register of interest application have not been completed.
Assessing eligibility
Each office is responsible for the assessment of its own tenants’ eligibility for a mutual swap.
Upon each application being assessed, both local 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 Register of interest application is approved and placed on the applicant’s preferred area list,on the register in accordance with the household’s size.
Ineligible applications
If an application is assessed as ineligible according to the register’s 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.
Maintenance
Refer Maintenance manual
Because mutual swap properties are not vacant for any period of time, the department 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.
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 tenancycondition 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.
Tenure review
All tenants, other than those aged 65 years and over, who swap properties will have their eligibility for housing reassessed at five-year intervals.
Note: Where a Priority access application is utilised for a mutual swap, non-reviewable tenants retain their non-reviewable status.
Mutual swaps procedures
Registering the interest to swap
Refer the register’s Eligibility policy framework and operational guidelines
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 a Register of interest application to be included on the register.
Whena Register of interest application 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 register’s Eligibility policy framework and operational guidelines.
If the tenant/s already has an approved Register of interest application 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 swapinterest 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 swapmatches 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 swapinterest form has not been completed, the local office is required to act as a liaison on behalf of the tenant/s. This is to ensure privacy is maintained at all times.
Applying for a mutual swap
Refer the register’s Eligibility policy framework and operational guidelines
Check that the tenant/s applying for a mutual swap has provided:
•a Mutual swapconfirmation letter
•a completed Register of interest application, including any documentation required to assess eligibility.
Capture the details contained in the Register of interestapplication and other documentation in HiiP, selecting ‘mutual swap’ as the application type. Assess the household in accordance with the register’s eligibility criteria, and if they are eligible, approve the application to their preferred areas.
Incomplete applications
Incomplete Register of interest 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, for example, 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 register unless it was incorrectly made ineligible by the department. Applicants will be required to resubmit a new application.
Assessing eligibility
Refer the register’s Matching clients with housing and special accommodation requirements operational guidelines
If the swap involves a tenant from a locality that comes under the responsibility of another local office, conduct the assessment for your tenant only. Make arrangements for the other local office to assess their tenant’s eligibility in HiiP. Both local 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 Priority access transfer application, the swap may be approved.
Note: The one year requirement does not apply where the applicant has a current approved Priority access transfer application, or is a first-time 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 Tenancy & Property manager or equivalent for further consideration. The Tenancy & Property manager or equivalent will take into consideration relative demand for the stock type involved, as referred to in the register’s Matching clients with housing and special accommodation requirements operational guidelines.
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.
Arrange Inspection/s
Refer 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 has tenant responsibility (TR) damage, inform the tenant/s and arrange for all maintenance items to be actioned immediately as referred to in the Tenant property damage operational guidelines.
If both tenants meet the register’s 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.
If the mutual swapis approved
Refer Maintenance manual
Refer Signing the residential tenancy agreement chapter in the Allocations manual
Refer Appointed representatives of tenants and applicants operational guidelines.
If the swap involves a tenant from a locality that comes under the responsibility of another local 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 the residential tenancy agreement chapterof the Allocations manual for sign up procedures.
If the applicant has a representative acting on their behalf, refer to the Appointed representatives of tenants and applicants operational guidelines for more information.
If the mutual swapis not approved
Refer the register’s Eligibility policy framework and operational guidelines
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 housing application can remain on the register for a transfer, if they meet all the register’s eligibility criteria
•of their right to appeal the decision.
If a mutual swapoccurs without approval
Refer Maintenance manual
Refer Signing the residential tenancy agreement chapter in the Allocations 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 Tenancy & Property Manager or equivalent for assessment.
If their application is approved by the Tenancy & Property Manager or equivalent, 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 Tenant property damage operational guidelines for further information.
Create a new tenancy account on HiiP, and arrange for the tenant/s to immediately sign the residential tenancy agreement at the relevant local 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 breaches operational guidelines.
Tenancy management manualPage 1
Mutual swaps