Previously, under Housing NSW’s Succession of Tenancy policy, some household members were eligible to take over the tenancy if the tenant on the lease died or left the property due to circumstances beyond their control. Spouses, de-facto partners, adult household members over 18 years of age, legal guardians/custodians of children in the household, young persons (16-18 years old) and carers were all eligible to apply to take over the tenancy.
As of March 25, 2013, Housing NSW’s Succession of Tenancy policy changed significantly. Most importantly, people who wish to take over a tenancy must now apply under a new Recognition as a Tenant policy. People who are now eligible to apply to take over the tenancy include: spouses or partners aged 55 years or older, guardians of children of the household whose parents are unable to care for them, and Aboriginal household members.
The new policy means that far fewer people are eligible to apply to take over a tenancy when the named tenant dies or leaves. Spouses and partners under the age of 55 will no longer be able to apply.
For free, confidential tenancy advice, call Redfern Legal Centre’s Tenancy Service on 9698 5975.
