The Supreme Court of Tasmania recently held that persons listed as ‘approved occupants’ in social housing are tenants if the household income of the household has increased because the approved occupant is living in the property. This decision has implications for social housing clients and impacted parties are encouraged to contact the Tenants’ Union.
Background:
The background to the case is that a 59 year old woman moved into her son’s social housing property in Launceston seven years ago. When she moved in, the social housing provider agreed that she could live there and listed her on the residential tenancy agreement as an ‘approved occupant’ not as a ‘tenant’. After her son moved out of the property in September 2023, the social housing provider served a trespass notice on the ‘approved occupant’ on the basis that she was not a tenant and therefore a Notice to Vacate did not need to be served on her.
Recently, the Supreme Court found that although she was listed as an ‘approved occupant’ she was in fact a ‘tenant’ because her income (Disability Support Pension) was taken into account in assessing the rent payable for the property. In other words, because the approved occupant was living in the property, the household income was higher and more rent for the property had to be paid. Read more.
The effect of the Supreme Court decision is that persons listed as ‘approved occupants’ in social housing will be recognised as ‘tenants’ and provided with protections set out in the Act, if they are providing ‘value’ (i.e. the household rent is higher because an approved occupant is living in the property.)
Who might be effected by Supreme Court decision:
- Carers who lives with a social housing tenant with a disability;
- Teenage/adult children who live with social housing tenants;
- Relatives who live with social housing tenants;
- Boyfriends/girlfriends/partners who live with social housing tenants; and
- Friends living with social housing tenants
If you, or anyone you know has social housing clients who may have ‘approved occupants’ living them, please ask them to get in touch with the Tenants’ Union of Tasmania on (03) 6223 2641.