Policy date October 2015 Document version Version 3 National Operations Manager Review date October 2018

Similar documents
Policy date November 2015 Document version Version 3 National Operations Manager Review date November 2018

Policy: FP022 Rent Accounting and Arrears

ARREARS & WELFARE RIGHTS POLICY SUMMARY

Instructions to managing agent

The purpose of this policy is to outline how Bridge Housing Limited (Bridge Housing) calculates rent and manages the bi-annual Rent Review process.

LEASEHOLD MANAGEMENT POLICY

Leasehold Management Policy

Recharges Policy May 2017

Starter Tenancy Policy

RENT ARREARS POLICY March 2011

Starter (probationary) tenancy policy

ASSIGNMENTS & OTHER TENANCY CHANGES. 2.1 We will deal with all tenancy changes in line with relevant legislation.

LEASEHOLD MANAGEMENT POLICY Responsible Officer Director of Customer Services

Management Transfer. Purpose. Scope. Policy

Tenancy Policy Introduction Legal Framework Purpose Principles Policy Statement Tenancy Statement...

Starter Tenancy Policy

Tenant handbook Douglas House

Civil and Administrative Tribunal New South Wales

TENANT GUIDE TO TRANSITIONAL HOUSING

Eviction Prevention Policy for Non-payment of Rent (Arrears)

ASSIGNMENTS & OTHER TENANCY CHANGES

Overview Home Ownership Policy

Rent and other charges

Tenancy Application Form

STARTER TENANCY POLICY

PROGRAM PRINCIPLES. Page 1 of 20

Repairs Recharge Policy (Former and Existing Tenants) Date Effective: Date of Review: Irvine Housing Association Repairs Recharge Policy

TRANSFER POLICY myevolve ( ) evolvehousing.com.au. 1. Purpose. 4.1 Eligibility for transfer. 2. Scope. 3.

Paradigm Housing Group Tenure Policy

Tenancy Management: Establishing and Maintaining a Tenancy

Discussion paper RSLs and homelessness in Scotland

Rules for the independent resolution of tenancy deposit disputes. 1st Edition, 1st April 2016

CIC Approved Inspectors Register (CICAIR) Code of Conduct for Approved Inspectors

Granting Sole and Joint Tenancies Policy ENFORCEMENT POLICY

RECHARGES POLICY & PROCEDURES

Rotorua Air Quality Control Bylaw

Leasehold Management Policy

RE-CHARGEABLE REPAIRS STRATEGY

POLICY: LETTINGS. 1.0 Introduction. 2.0 Background Legislation. 3.0 Definitions. 4.0 Objectives

Tenancy Transfer, Succession and Mutual Exchanges Policy

Please ensure that you have included the following information when returning your housing application for all household members aged 18+:

Residential Tenancies Act 2010 and Amendment (Review) Bill 2018

Document control. Supercedes (Version & Date) Version 2 February 2017

Intensive Tenancy Management Policy. Policy to take effect from: August To be reviewed: August Version No. 5.0

TRANSFER POLICY myevolve ( ) evolvehousing.com.au. 1. Purpose. 2. Scope. 3. Policy Statement

Private Sector Housing Enforcement Policy

Making the great Australian dream a reality

HORIZON HOUSING ASSOCIATION ABANDONMENT AND REPOSSESSION OF PROPERTY POLICY DRAFT APPROVED: 18 JUNE 2015 EFFECTIVE DATE: 18 JUNE 2015

HS/ Housing Solutions Localism Act 2012 Housing Act 2004 Data Protection Act 1998 Data Protection Policy Inclusion Strategy

Tenancy Policy. 1 Introduction. 12 September Executive Management Team Approval Date: Review date: September 2018

Rechargeable Repairs Policy. Page 1 of 9

Right to Buy Policy SER-POL-18 Version 5.0 Date approved: February 2017 Approved by: Chief Executive

Guide To Recovering Possession Of Residential Property

Anti-social Behaviour Good practice for private-sector landlords

Tenant handbook Woree

H 19. Sustainability Policy. April 2017 April 2020

SOCIAL HOUSING REVIEW OF TENANCY POLICY

Private Sector Housing Fees & Charges Policy

Protection for Residents of Long Term Supported Group Accommodation in NSW

Submission to the Review of Disability Legislation in Victoria

Tenancy Policy March 2016

Deed of Guarantee (Limited)

Rent Arrears - Possession Action

Estate Management Policy

PLANNED AND RESPONSIVE MAINTENANCE POLICY

Qualification Snapshot CIH Level 3 Certificate in Housing Services (QCF)

Policy Statement. Purpose. Scope. Legislative Authority. Definitions. Policy Title: Collection of Outstanding Property Taxes Policy Number:

Policy for Managing Shared Ownership

SSHA Tenancy Policy. Page: 1 of 7

Policy Updated: Leasehold Management Policy

Investment Property Letting Owner Information

Blueberry River First Nations

SSAS Information Booklet Property Investment

Tenure and Tenancy management. Issue 07 Board approved: February Responsibility: Operations/C&SH Review Date: February 2019

Welsh Government Housing Policy Regulation

Residential Tenancy Application Form

Preserved Right-To-Buy & Right-To-Acquire Policy

Landlord s Application for Assistance to The First-tier Tribunal for Scotland (Housing and Property Chamber)

Costing the Establishment of an Office of Rental Bonds in Tasmania. Prepared by Prue Cameron and Kelly Madden Social Action and Research Centre

Property Notes. Self Invested Personal Pension

3.1 A Notice to Quit (NTQ) is a legal instrument to end a tenancy that can be provided by a tenant or a landlord to terminate the tenancy.

Union procedure on the preparation, conduct and reporting of EU pharmacovigilance inspections

POLICY: FIXED-TERM TENANCIES. 1.0 Introduction. 2.0 Aims and Objectives. 3.0 Policy Statement. 4.0 Background Legislation & Legal Framework

End of fixed term tenancy policy

TENANCY APPLICATION PROPERTY ADDRESS FOR RENT. ADDRESS PO Box 2667 New Farm Q 4005 PHONE FAX

Void Management Policy

Premier Strata Management Address: 6/175 Briens Road, Northmead NSW Postal Address: PO Box 3030, Parramatta NSW 2124

Continuing Professional Development (CPD)

Royal Borough of Kensington and Chelsea. Tenancy Policy

Property Management Information Pack. BLUE MOON property. Expect the Unexpected (07)

Welsh Government Housing Policy Regulation

Leasehold Management

Rental Increase Procedure

SAXON WEALD. 2.1 Termination ending a tenancy in accordance with legal requirements.

Information for Landlords

Mutual Exchange Policy

Registered Care Homes Housing Management

Mutual Exchange Policy

LEASEHOLD MAJOR WORKS POLICY Responsible Officer Director of Customer Services

Pro Bono Law Alberta Landlord & Tenant Cheat Sheets

Transcription:

Policy Document Arrears Management Policy section: 1.0 Policy: 1.2.6 Section name: Establishing and Maintaining Tenancies Document name Arrears Management Applicability Mission Australia Housing Authorisation Senior Management Team Policy date October 2015 Document version Version 3 Policy owner National Operations Manager Review date October 2018 Contents 1 Purpose... 1 2 Related policies... 2 3 Scope... 2 4 Guiding principles... 2 5 Policy... 2 6 Procedures... 3 7 State and program based variations... 5 8 Responsibility and authority... 5 9 Definitions... 6 10 Workflow Tool... 7 1 Purpose 1.1 1.2 To provide guidance on the Mission Australia Housing (MAH) rent arrears management processes. To minimise risk of terminations resulting from unpaid tenant rent and other bills associated with a tenancy whilst maintaining the financial viability of MAH. Arrears Management, v.3 Policy 1.2.6 Mission Australia Housing

2 Related policies 2.1 This policy is to be read in conjunction with the: 2.1.1 Rent and Rebate Policy, which outlines requirements for staff who assess the income and assets of tenants and their household in order to set their rent, as well as responsibilities of tenants with regard to income assessment and payment of rent. 2.1.2 Referrals to Agencies Policy, which details the approach taken by MAH in assisting applicants and tenants with specific needs or tenancy management issues to establish connections to support services. 2.1.3 Debt Management Policy, which details the processes undertaken by MAH for managing non-rent arrears debts such as property damage. 3 Scope 3.1 This policy applies to staff responsible for managing tenants and properties of MAH. 4 Guiding principles 4.1 4.2 4.3 4.4 Tenants are informed of their responsibility to pay rent in advance and are supported to avoid arrears wherever possible. Early intervention assists tenants to manage arrears and mitigate associated risks to their tenancy. Tenants are provided with support and tools in order to assist them to manage their tenancy and their financial obligations to MAH. Tenants are given opportunities to appeal organisational decisions in order to ensure fair and transparent outcomes. 5 Policy 5.1 5.2 Staff will inform tenants of their responsibility to pay rent in advance wherever new tenancies commence and throughout tenancies, in order to encourage tenants to comply with their lease or rooming accommodation agreement. Tenants will be in breach of their agreement where they fail to pay rent due to MAH and staff will be required to take action under residential tenancy and rooming accommodation legislation. page 2

5.3 5.4 5.5 5.6 5.7 5.8 Staff will work with tenants as soon as evidence of arrears is identified in order to ensure repayments do not become unmanageable for them. Where appropriate, staff will assist tenants to connect with services that may help them to manage their financial obligations to MAH as per the Referral to Agencies Policy. Tenants may be required to enter into a payment plan where they owe arrears or experience difficulty rectifying their arrears. Staff will pursue a range of options, including but not limited to civil proceedings, to recover costs where tenants refuse to rectify arrears or vacate their property without paying their arrears. Staff will inform tenants of their right to complain about services of MAH and/or appeal organisational decisions as per the Appeals and Complaints Policy. Staff will store all correspondence to tenants relating to rental arrears in the tenancy management system. 6 Procedures These procedures should be read in conjunction with the Debt Management Policy and Arrears Management Workflow Tool at section 10 of this policy. 6.1 Identifying rent arrears Housing staff will monitor tenant arrears on a daily basis via the tenancy management system. 6.2 Rectifying rent arrears Organisational framework Housing staff may, at their discretion, apply the following procedure in order to rectify tenant rent arrears, or apply the alternative procedure under legislative framework. The following procedure is recommended for use where a tenant becomes in arrears for reasons beyond their control and/or has had no previous history of arrears. It provides more scope for housing staff to work with a tenant over time in order to rectify any arrears they owe MAH and wherever possible sustain their tenancy. Rent arrears less than five days Where tenants are in arrears of between one and five days, Housing Managers will establish contact to remind them to pay their rent. Housing Managers will first attempt to contact the tenant via telephone or sms. Housing Managers will send the tenant a reminder letter outlining their responsibilities where they are not able to be contacted by phone. Housing Managers will then monitor their account for evidence of rectified arrears. page 3

Rent arrears between five and 14 days Where tenants are in arrears of between five and 14 days, Housing Managers will take action under residential tenancy and rooming accommodation legislation in order to rectify matters. Housing Managers will send a letter of warning for breach of tenancy. The letter will include details of relevant financial advisory services. Housing Managers will, wherever possible, follow up with a telephone call to explain the warning letter and requirements to prevent further action from occurring. Housing Managers will then monitor their account for evidence of rectified arrears. Rental arrears of 14 or more days Where tenants are in arrears of 14 or more days: Housing Managers will send a notice to end the tenancy. This notice will include an up to date rent statement and encourage the tenant to contact MAH in order to discuss options for rectifying their arrears. Housing Managers will attempt to contact the tenant by telephone to discuss the notice and payment options Housing Managers will attend the property to discuss matters where the tenant cannot be reached by telephone Where a tenant refuses to enter into a payment plan or does not comply with a payment plan entered into, Housing Managers will apply to have the matter heard by the relevant state based civil authority and, wherever possible, obtain an order to rectify the situation as per the Orders and Warrants Policy. Where a tenant has repeatedly failed to rectify arrears, Housing Managers may seek approval from the National Operations Manager to pursue additional orders, including ending the tenancy as per the Ending Tenancies Policy Housing Managers will pursue other recovery options where appropriate. Refer to the Debt Management Policy for detailed guidance on entering into payment plans; making applications for orders for payment within specific state jurisdictions; and other recovery processes that may assist in rectifying non-rent debts and arrears owing to MAH. 6.3 Record keeping Housing Managers will store in the tenancy management system: Details of phone conversations about arrears Correspondence to/from tenants relating to arrears Payment plans Orders made in civil proceedings Records of other arrears recovery processes pursued where applicable. page 4

7 State and program based variations 7.1 Legislative framework Where a tenant has had ongoing issues rectifying their rental arrears and/or has not adhered to a payment plan they have entered into, staff may refer to and apply the below legislative timeframes and processes. Process Timeframe to rectify arrears NSW Tasmania Queensland (general tenancy) Issue a notice of breach Issue a notice of Issue a notice to remedy of tenancy breach of duty breach Tenant will have 14 Tenant will have Tenants will have seven days to pay their 14 days to pay days plus postage to pay arrears before they are their arrears their arrears before they issued with a before they are are issued with a notice termination notice. issued with a to leave. Tenants will be Staff may apply to the notice to vacate. required to vacate their New South Wales Civil They will then be property within seven and Administrative required to vacate days of receiving this Tribunal (NCAT) once their property notice or apply to the the termination notice within 14 days of Queensland Civil and expires in order to receiving this Administrative Tribunal have the tenancy notice if they do to have the matter terminated not rectify their heard arrears before the notice to vacate expires Queensland (rooming accommodation) Issue a notice to remedy breach Tenants who have lived in their property for under 28 days will be required to pay their arrears within two days of receiving this notice plus postage. Tenants who have lived in their property for over 28 days will be required to pay their arrears within four days of receiving this notice plus postage. Tenants may be issued with a notice to leave, effective immediately where they have not paid their arrears when a notice to remedy breach for arrears expires 7.2 Forms and notice Staff in Queensland only will be required to ensure that they use the correct form and Residential Tenancy Authority (RTA) process where they issue notice to a tenant. Forms will vary depending on whether they are directed to a tenant in a general tenancy or tenant in a rooming accommodation agreement. 8 Responsibility and authority 8.1 Housing Managers 8.1.1 Informing tenants of their responsibility to pay rent and other tenant charges such as water usage. 8.1.2 Informing tenants of arrears owing. 8.1.3 Working with tenants to rectify arrears. 8.1.4 Applying for orders where required. 8.1.5 Recommending improvements to this policy and procedure. page 5

8.2 Team Leaders/Regional Managers 8.2.1 Incorporating this policy and procedure into staff inductions and training. 8.2.2 Ensuring staff are aware of and have access to this policy and procedure. 8.2.3 Providing guidance to Housing Managers implementing this policy and procedure. 8.2.4 Ensuring different approaches are trialled to rectify arrears prior to terminating a tenancy. 8.2.5 Reviewing arrears data and identifying key performance areas for improvement. 8.2.6 Escalating feedback about this policy and procedure to the policy owner and/or policy writer. 8.3 National Operations Manager 8.3.1 Supporting Team Leaders to minimise and prevent arrears. 8.3.2 Authorising changes to this policy and procedure. 8.3.3 Ensuring MAH complies with this policy and procedure. 9 Definitions Rent arrears: debt resulting from non-payment of an agreed rental amount. Staff should refer to the Debt Management Policy where they are required to manage debt resulting from other causes, such as property damage caused by a tenant. page 6

10 Workflow Tool Arrears Management Work Flow Tool DAY 1-5 SMS & Phone Call to tenant & Issue Rent Arrears Letter DAY 5-14 -SMS & Phone Call to tenant - Issue Termination Notice Warning Letter Letter 1 Letter 2 DAY 14-20 - Set up repayment plan - Issue repayment plan letter Letter 4 - Issue rayment plan contract Outcome of hearing received (2-3 weeks after hearing) - Issue hearing outcome letter Letter 6 DAY 1 DAY 7 DAY 14 DAY 20 DAY 30 DAY 40 DAY 50 DAY 14 - SMS & Phone Call to tenant - Issue Termination Notice - Send Termination Notice Letter Letter 3 DAY 30 - SMS & Phone call to tenant - Issue Rent Arrears letter Letter 5 - Application to state based civil authority for a hearing - -Review repayment plan page 7