Homes Tasmania wants to help build stable, peaceful communities and the three strikes approach is one way we encourage good behaviour.
Most social housing tenants are well behaved and are good neighbours. Unfortunately, some tenants engage in anti-social behaviour in social housing. This is not acceptable.
What does three strikes mean?
Homes Tasmania can issue tenants with three strikes – or warnings – for behaviour that breaches their tenancy agreement. A third strike means the tenancy will end and that the tenant will have to leave public housing.
Behaviour covered by three strikes
The three strikes approach responds to behaviours that relate to a tenancy, the property or the surrounding community. Tenants will get a strike for:
- nuisance behaviour
- substantially interfering with another person's quiet enjoyment of their home
- severely or frequently interfering with another person's normal activities
- excessive noise
- unwanted intrusions on another's property
- all unlawful offences.
Behaviour not covered by three strikes
Behaviour that is not a breach of the tenancy agreement and is therefore not covered by the three strikes approach includes:
- annoying behaviour
- neighbourhood disputes.
Homes Tasmania will seek to resolve disputes involving these issues by working with everyone involved to reach an agreeable outcome.
A verbal warning can be used before a strike
A verbal warning can be given for a first or rare occurrence of nuisance behaviour that breaches the tenancy agreement. A subsequent breach may either result in a first strike being issued or ending the tenancy if that breach is a serious offence.
Using the three strikes approach
A first strike can be followed by a second strike. Strikes warn tenants that they are in breach of their agreement and are at risk of having their tenancy end. When a strike is issued a tenant will be told the reasons for the strike. Tenants will also be given a notice period to improve their behaviour and fix the breach of their tenancy agreement.
A third strike means the tenancy will end and that tenant will have to leave public housing.
Responding to a serious offence
Tenants who commit a serious offence will receive an immediate third strike. They will automatically get a Notice to Vacate and must leave public housing. Serious offences include serious injury or criminal damage.
Who does the approach apply to?
The three strikes approach applies to Homes Tasmania tenants and members of the tenant's household and visitors.
How long does a warning remain in force?
A verbal warning or strike is active for two years. If a subsequent breach results in a first or second strike being issued the two-year period starts again.
If no further breaches occur after two-years then all warnings and strikes expire. The tenant is then notified that all warnings have expired.
A third strike does not expire because it results in the immediate issue of a Notice to Vacate.
Supporting tenants to stay in their home
The three strikes approach aims to prevent people losing their tenancy with Homes Tasmania if possible, including in these circumstances:
- when a breach results from mental illness
- when support needs have been identified and the tenant engages with support services
- when the tenant improves their behaviour.
Opportunities to improve behaviour
Homes Tasmania will continue to provide tenants with opportunities to improve their behaviour and avoid eviction with this approach.
How does Homes Tasmania deal with complaints?
When there is a complaint about behaviour in a Homes Tasmania property we will:
- provide a confidential way to make the complaint
- advise complainants to contact Tasmania Police if a behaviour is unlawful
- establish if there is evidence for a complaint
- determine if there has been a breach
- inform the tenant of the complaint
- work with all parties to try to resolve the complaint
- assess the support needs of the household and, if needed, make a referral for specialist support
- monitor the tenancy.
For more information contact Homes Tasmania
Phone: 1300 665 663
Email: [email protected]