Contract variations

Homes Tasmania enters contractual arrangements with housing support providers through head leases for properties and grant deeds for funding to deliver housing services. Variations to head lease or grant deed agreements may be required to ensure housing programs meet expected outcomes and align with policy decisions.

Variations can be initiated by us or you to change the obligations of the agreement and must be mutually agreed by both parties.

Variations to a head lease or grant deed can be made:

  • at the contract level, affecting an individual housing support provider
  • at the housing program level, affecting all housing support providers contracted to deliver the program services.

Processes

Contract variations are implemented by executing a Deed of Variation, which does not change the standard terms of the contract.

If we propose a contract variation, we will liaise with you to ensure you understand the implications and we will facilitate support of the proposed change.

When negotiating changes to a Head Lease or a Grant Deed, a Term Sheet may be used to capture the details prior to the Deed of Variation being executed.

You should discuss your proposed changes with us first.

We will respond in writing within 20 business days to acknowledge receipt of an application to vary a contract, which may include a meeting invitation to discuss the details further.

Contract variations – Head Leases

Common variations made to a Head Lease includes:

  • extending the contract term when the contract doesn’t include an extension option
  • changing the target client group
  • changing contract key performance indicators
  • changing reporting requirements
  • property changes
  • correcting a significant error (if it alters the meaning in the contract).

The request to vary a Head Lease is made by completing and submitting a request form.

You must discuss any proposed changes with us prior to submitting the applications.

Contract variations – Grant Deed

Common variations made to grant deeds include:

  • adjusting the grant amount (ie increasing or decreasing funding)
  • amending the expiry date, including extending the term when the grant deed doesn’t include the option of a further term
  • amending the responsibilities or deliverables of the housing support provider to enhance service delivery
  • amending the special terms and conditions
  • amending the approved location(s) where service(s) are being provided
  • amending key performance indicators
  • amending reporting obligations
  • correcting a significant error (if it alters the meaning in the Grant Deed).

The request to vary a Grant Deed is made by completing and submitting an Application for Grant Deed variation. The application must include:

  • the proposed variation(s) to the Grant Deed
  • the reasoning for the proposed variation(s)
  • the expected benefits and outcomes (if applicable)
  • a plan, budget and timeframes for achieving these benefits (if applicable).

You must discuss any proposed changes with us prior to submitting the application.

We will assess the proposed variations and collaborate with you to draft the Term Sheet, outlining the requested changes and outcomes from the assessment and further negotiations. The Term Sheet will capture the process and responses that lead to the final details to be included in the Deed of Variation.