Tenant behaviour
Information for Queensland public housing tenants.
The majority of public housing tenants are good neighbours and contribute to the peace and well-being of their communities. However, there is a small number of tenants whose continued anti-social behaviour disturbs the peace and risks the safety of neighbourhoods.
Your responsibilities are outlined in the State Tenancy Agreement you signed at the start of your tenancy. As a tenant, you are required to:
- pay the rent as stated in the tenancy agreement
- keep the property you rent clean, as it was at the start of the tenancy
- not maliciously damage, or allow someone else to maliciously damage the property you rent
- not use your property for illegal purposes
- not cause a nuisance whilst in your property
- not interfere with the reasonable peace, comfort and privacy of your neighbours.
Anti-social behaviour management
An Anti-social behaviour management policy will be introduced from July 2013.
Under this policy, when tenants engage in unacceptable behaviour and receive 3 strikes within a 12 month period, the department will take action to end their tenancies. Where behaviour is considered to be dangerous or severe, immediate action will be taken to end the tenancy.
This strikes-based process will make it clear to public housing tenants what is and is not acceptable behaviour. The department will tell you if your behaviour is putting your tenancy at risk and you will be given the opportunity to change this behaviour.
The policy will aim to balance the needs and rights of other tenants, private owners and the broader community with the need to support you to sustain your public housing tenancy.
What is anti-social behaviour?
There are 3 categories of anti-social behaviour:
- minor general or nuisance behaviours—these are activities that could reasonably happen occasionally in a household, but which disturb the peace, comfort or privacy of other tenants or neighbours. For example, excessive noise from televisions or stereos, a loud party or an untidy yard.
- serious behaviours—these are activities that intentionally or recklessly disturb neighbours, or could reasonably cause concern for the safety or security of a tenant, household member, neighbour or their property, or damage to the public housing property. For example, harassing neighbours, intentional disturbances including using aggressive or obscene language, or damaging departmental property.
- dangerous or severe behaviours—these are activities that pose a risk to the safety or security of residents or property and may result in Police charges, and/or conviction, or significant damage to the public housing property. For example, illegal or alleged illegal activity at the property such as drug production, supply or trafficking, physical assault or acts of violence against other tenants, neighbours or departmental staff, or extensive malicious damage to departmental property.
Strikes can be issued for any confirmed incident of these types of behaviours. For dangerous or severe behaviours, a first and final strike will be issued and immediate action taken to end your tenancy.
What is a strike?
A strike is issued when there is a confirmed incident of anti-social behaviour and will clearly indicate that your tenancy is at risk, should your anti-social behaviour continue.
When a confirmed incident of anti-social behaviour occurs, the department will provide you with a written Strike Notice detailing the incident. The Strike Notice will be issued in conjunction with a Residential Tenancies and Rooming Accommodation Act 2008 Form 11—Notice to Remedy Breach.
Following each strike, the department will contact you to ensure you are aware of the consequences of your behaviour, reconfirm your obligations under their tenancy agreement and discuss how you can change your behaviour and reduce the risk to your tenancy.
Can a warning be issued instead of a strike?
Yes. Once an incident of minor general or nuisance behaviour has been confirmed, the department can decide to issue a warning, depending on the circumstances and severity of the incident, impact on neighbours and any other contributing factors.
If there is a second, confirmed incident of anti-social behaviour under this category, you may receive another formal warning and 1 strike will be recorded.
Warnings will not be issued for any confirmed incident of serious anti-social behaviour—you will receive a Strike Notice and Notice to Remedy Breach form.
What happens if I receive 3 strikes?
If you receive 3 strikes within a 12-month period, we may take action to end your tenancy. You will be given written advice when each strike is issued and we will discuss the consequences with you.
Can I be evicted before receiving 3 strikes?
Yes. In the case of severe or dangerous anti-social behaviour, legal proceedings can be undertaken to end your tenancy without issuing any prior warnings or strikes. The department can also continue to take action to end a tenancy for other reasons such as rent arrears or tenancy breaches which are not related to anti-social behaviour.
Will the department assist tenants who are evicted?
Assistance may be given to assist evicted public housing tenants to find alternative housing in the private market, for example through a bond loan or a referral to the local RentConnect service. The department will also notify a tenants’ support agency (if they give permission and there is a support arrangement in place) and provide tenants with details of emergency accommodation and other crisis support providers.
The Homeless Persons Information Queensland Hotline may also be able to assist—1800 HPIQLD (1800 47 47 53).
If tenants are evicted because of anti-social behaviour, they cannot apply for social housing for at least 3 months following their eviction. If tenants are granted another tenancy, they will only be given a 1-year tenancy, they will have to sign an Acceptable behaviour agreement and their tenancy will be closely monitored.
How will the policy affect applicants waiting for public housing?
The policy will only apply once tenants are provided with a public housing property. When tenants sign the tenancy agreement, the department will discuss with them how they are expected to behave to meet the terms of their tenancy agreement, and explain the risks to their tenancy if they don’t meet these terms.
The department will also discuss how they can assist tenants to sustain their tenancy. Where tenants have factors that may contribute to incidents of anti-social behaviour happening in the future, such as mental health issues or a poor previous tenancy history, the tenancy will be closely monitored.
Helpful information
