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Transfer a public housing tenancy to another person

In some circumstances, Housing SA may agree to transfer a public housing tenancy to another person who lives at the same address. This is known as a tenancy succession.

A court can also make an order to assign a tenancy into someone else's name as part of an intervention order.

Who can apply

Partners

A partner of the current tenant may be eligible to have the tenancy transferred if:

  • the tenant dies or leaves the property
  • Housing SA can verify the partner was living at the property when the tenant died or left
  • no one in the household has an interest in residential property.

Extra requirements for Aboriginal housing

For Aboriginal housing the partner must either provide confirmation of Aboriginality or meet all these additional conditions:

  • they have custodial care of at least one of the tenant's children
  • the tenant's child will live in the house as a permanent household member from the time the tenancy is transferred
  • the tenancy will be transferred to the tenant’s child when they start receiving an independent income.

Extra requirements for Aboriginal housing or housing in an Aboriginal community

Other family members

Another family member, for example, the tenant's child, may be eligible to have the tenancy transferred to them if they meet all these conditions:

  • the tenant dies or leaves the property
  • Housing SA can verify that the family member has been living in the property for at least 12 months immediately before applying (applies to public or Aboriginal housing)
  • the family member is eligible for housing
  • the tenancy hasn't previously been transferred to a partner or another family member (applies to pubic or Aboriginal housing).

Extra requirements for Aboriginal housing or housing in an Aboriginal community

How to apply

1. Complete the form

Complete a

2. Supporting documents

You'll need to provide proof of income and confirmation of Aboriginality, if required.

If the tenant has died, Housing SA may ask for a copy of the death certificate, death notice or funeral notice.

If the tenant leaves the property they must complete a Termination of tenancy form.

3. Lodge the form and documents

Return your completed form and all other documents to Housing SA.

What happens next

If your request is approved

Housing SA will contact you to sign a new lease agreement. You’ll be offered one of these:

  • if you're the tenant's partner, the same type of lease agreement as the original tenant
  • if you're another family member, a probationary lease agreement
  • if it’s housing in an Aboriginal community, an ongoing lease.

If the property isn’t suitable for your household, for example there are not enough bedrooms for the number of people in the household, you may be transferred to a more appropriate property.

If your request is not approved

You’ll receive a letter telling you you’re not eligible to have the tenancy transferred to you.

If you're unhappy with this decision, you can appeal within 14 days of receiving the letter.

Housing SA will contact you to negotiate a date for you to leave the property.

You may need to sign a holding lease agreement that allows you to temporarily stay in the property.


Related information

Other websites

Tenancy succession policy - SA Housing Authority

For an alternative version of a document on this page contact Housing SA.


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Page last updated 7 May 2020

Provided by:
SA Housing Authority
URL:
https://www.sa.gov.au/topics/housing/public-and-community-housing/tenants/transferring-to-another-public-housing-property/transfer-a-public-housing-tenancy-to-another-person
Last Updated:
07/05/20
Printed on:
14/07/20
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2020
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