Fixed term leases and lease review

This factsheet explains:

• what a fixed-term lease is and how we decide the length of lease we give you
• what probationary lease and lease reviews are
• how to appeal if you don’t agree with a fixed-term lease length, lease review or probationary lease review.

What is a fixed-term lease?

This is a residential tenancy agreement that runs for a set time. There are many factors we consider when we decide the length of lease to offer you.

In general, we offer most new Homes NSW and Aboriginal Housing Office (properties managed by Homes NSW) tenant a fixed-term lease of two, five or ten years. This is to reflect the length of time people are likely to need public housing. In some cases, we may offer you a fixed-term lease for three or six months.

If we assess you as eligible for a five or ten year lease, you must first enter a fixed term, 12 month probationary lease.

For more information read the Types and Length of Lease policy, contact your local DCJ Housing office or call the Housing Contact Centre on 1800 422 322.

What is a probationary lease review?

Before your 12 month probationary lease ends, we review whether you are eligible for the rest of your assessed lease term (a further four or nine years). You may be eligible if at the time of review you have met the terms of your lease.

If you have not met the terms we may invite you to an interview to discuss your tenancy obligations. We may seek to end your tenancy under the Residential Tenancies Act 2010 or we may decide to extend your probationary lease. We will end your tenancy if there have been repeated  breaches which you have not resolved despite our requests.

If you have  trouble meeting your obligations under the tenancy agreement due to complex needs, we will refer you to support services to help you manage and keep your tenancy.

What if I don’t agree with the probationary lease review decision?

You should first discuss your concerns with a Client Service Officer. If we seek to end your tenancy, you will have the opportunity to voice your concerns at the NSW Civil and Administrative Tribunal (NCAT).

What is a lease review?

Before your two, five or 10 year lease ends, we review whether you are eligible to have your lease extended. There are many factors we consider before offering to extend your lease, including household income, the age of household members, and any medical/disability needs.

You will receive a lease review survey before the end of your lease. You need to complete the survey and return it to us by the due date. After we update the information from the survey, we will write to you telling you the length of lease you will receive.

If you don’t return the lease review survey, we will do the review based on the information we have on file.

What if I am not eligible for a further lease?

We will advise you to move out of the property by the end date of your lease. We will offer information and assistance to help you move into private housing.

What if I don’t agree with the fixed-term lease length or lease-review decision?

You should first discuss your concerns with a Client Service Officer. You can also ask us to review the decision. To do this, fill in the application for review of decisions – Section 145 form, available on the DCJ website or at your local Homes NSW Housing Services office.