Late Rent Payment Letter Template from Tenant by ljt17435

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									Housing SA, Community Partnerships and Growth

RENT ARREARS BY-LAW

It is a Funding Agreement requirement that all Co-operatives and Associations1 have a Rent Arrears By-law, which must be approved by
Housing SA, Community Partnerships and Growth (also referred to in this document as Community Partnerships).

The Rent Arrears By-law below has been designed to help ensure that Associations and Co-operatives meet both Residential Tenancies
Tribunal and Community Partnerships requirements in managing rent arrears.

Associations and Co-operatives are required to align with the wording in this model By-law. In exceptional circumstances alternative
wording may be considered if it is consistent with the directions of the following text and Residential Tenancies Tribunal requirements.
All Rent Arrears By-laws must be approved by Community Partnerships.

The by-law has been designed for Associations and Co-operatives to adopt in full, inserting relevant information as indicated in brackets.



By-law                                                                                       Additional explanatory information

Section 1 - Recording and Reporting
1. Reporting of Rent Arrears to the Co-operative / Association
1.1.1           The (name of organisation) is responsible for ensuring its duties as a
                    landlord are carried out i.e. that:
                    • all tenants are treated equitably with respect to management of rent
                       arrears,
                    • prompt and effective action to remedy rent arrears is taken.


1
    All references to Associations includes Housing Companies (e.g. Unity Housing Company)



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1.1.2        a)     Decisions about actions to be taken in relation to rent arrears can be   To enable transparent, prompt and effi cient deci sion
                    made by (insert job titles). Such decisions must be made on the basis    making and action it is recommended that 2 or more
                                                                                             office bearers or a service provider be responsible for all
                    of evidence.                                                             decisions and action tak en on rent arrears. These
                                                                                             should be the same individuals mak ing decisions and
             b)     All documentation concerning action on rent arrears will be signed by    tak ing action in order to avoid delays. Options include:
                    (insert titles – this should be the same nominees as for [a]).                1) Service P rovider
                                                                                                  2) Rent Co-ordinat or
                                                                                                  3) Other Office Bearers
                                                                                             Job Titles only are required, not names, as individuals
                                                                                             may change job roles.

                                                                                             Actions   include:
                                                                                                 •     Rent due reminder letter
                                                                                                 •     Arrangements to pay rent arrears
                                                                                                 •     Form 2 – seek ing payment of rent or vacant
                                                                                                       possession
                                                                                                 •     Form 7- seek ing (reinstatement of tenanc y and
                                                                                                       Order for Payment Plan) or vacant possession
                                                                                                 •     Notice of Residential Tenancy Tribunal
                                                                                                       hearings.

                                                                                             According to the South Australian Co-operative and
                                                                                             Community Housing (General) Regulations 2007
                                                                                             (Section 17, 6a), action tak en in accordance with a
                                                                                             tenancy agreement between a registered Housing Co-
                                                                                             operative and a member (e.g. action on rent arrears)
                                                                                             does not need to be approved by the general meeting of
                                                                                             the Co-operative.

1.1.3       The (insert titles*) will advise the Co-ordinating / Management Committee of     *same job titles as 1.1.2
                all action taken with respect to management of rent arrears.

1.1.4       The (insert titles) will prepare a monthly report to be included in the          Proper and regular reporting to the Co-operative /
                Finance Report presented to the Co-operative / Association containing:       Association is vital to show:
                                                                                             • which tenants are having problems paying their rent,
                  (a) the agent numbers or addresses of those tenants who owe overdue           necessary information in order to follow them up
                                                                                                efficiently, and
                      rent (any rent not fully paid in advance on the due date is overdue)   • whet her the business is operating properly, and if
                  (b) the amount of overdue rent for each tenant                                there are sufficient funds to pay maintenance,
                  (c) the number of weeks of overdue rent for each tenant                       administration and capital cont ributions.



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                (d) the total amount of overdue rent for the group                      Under Section 57(1) of the Residential Tenancies Act
                (e) information on which of the above tenants have been sent notices,   1995, a landlord must ensure that a proper record i s
                                                                                        kept of rent received under the agreement.
                    and what type of notices
                (f) details of any arrangements made with tenants to pay rent in        A proper rent record must include:
                    instalments (how much, how often etc).                               • the date the rent was received; and
                                                                                         • the name of the person paying the rent; and
                                                                                         • the amount paid and
                                                                                         • the period of the tenancy to which the payment
                                                                                            relates; and
                                                                                         • the address of premises to which the payment
                                                                                            relates.

                                                                                        A 'proper rent record' shows the period that rent is paid
                                                                                        from and to (the rental period). Therefore, if a full period
                                                                                        of rent is not paid, the rent should be held in credit until
                                                                                        sufficient rent for the full period is received.

                                                                                        Refer to Fact Sheet 3
                                                                                        http://www.ocba.sa.gov.au/ assets/files/fact_3.pdf
                                                                                        for examples of proper rent records.

1.2 Reporting of Rent Arrears to Housing SA, Community Partnerships
and Growth
1.2.1       The (name of organisation) will produce rent records in a format 1.2.1 Full information on what is acceptable to the
            acceptable to the Residential Tenancies Tribunal.                Residential Tenancies Tribunal (RTT) is available on the
                                                                                        Office for Business and Consumer Affairs website
                                                                                        http://www.ocba.sa.gov.au/tenancies/res/index.html

                                                                                        Refer to Fact Sheet 3 on this website for examples of
                                                                                        proper rent records (also see page 1 information).
                                                                                        http://www.ocba.sa.gov.au/ assets/files/fact_3.pdf

                                                                                        Community Partnerships has produced a Tenant Rent
                                                                                        Record Template to assist groups to present their
                                                                                        information in a format acceptable to the RTT.
                                                                                        Groups are strongly recommended to use this template
                                                                                        when providing information to the RTT. The Template is
                                                                                        available on the communit y housing website at
                                                                                        www.communityhousing.sa.gov.au
                                                                                        .



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1.2.2       The (name of organisation) will provide a report to Housing SA, Community            1.2.2 Ref er to the Rent Funding Work sheet on
            Partnerships and Growth each month, using the Community Partnerships                 community housing website
                                                                                                  www.communityhousing.sa.gov.au
            Rent Funding Worksheet (located on the website) or a previously approved
            format containing the same information.                                              Community Partnerships Rent Policy section 4.1. 9
                                                                                                 refers to the steps to be tak en should Associations / Co-
                                                                                                 operatives not follow the required proc esses in
                                                                                                 managing rent arrears, including action under the
                                                                                                 Investigation and Formal Intervention Policy.
Section 2 - Managing rent payments
2.2.1       Recording payments of rent                                                           Under Section 57 (1) of the Residential Tenancies Act
            The (name of organisation) will keep a proper record of rent received, and           1995, a landlord must ensure that a proper record i s
                                                                                                 kept of rent received under the agreement, showing
            will provide each tenant with a receipt, unless the rent is paid directly into the   the period that rent is paid from and to (the rental
            Co-operative/Association’s account.                                                  period).

            If the Tenancy Agreement requires the rent to be paid on a set basis (e.g.           The Residential Tenancies Branch and the Tribunal do
            fortnightly) and less than the full amount is paid for the set rental period (in     not recogni se part paym ents towards a rent period
                                                                                                 as payment towards ‘part’ of the period. The part
            this case, fortnightly) the payment will not be applied to the rental period. The    payment should be recorded as received but not
            rent records will show a credit, and the next payment of rent will be added to       counted against a rent period. The part payment is held
            this credit and applied to rent once this amounts to a full rent period’s rent.      in credit until a full period of rent is received.
                                                                                                 Regardless of part payments that may have been made,
                                                                                                 the Residential Tenanci es Branch only consider s
                                                                                                 rent to be paid up to the last day of the last rent
                                                                                                 period which i s paid in full.

                                                                                                 Refer to Fact Sheet 3 on this website for examples of
                                                                                                 proper rent records.
                                                                                                 http://www.ocba.sa.gov.au/ assets/files/fact_3.pdf

2.2.2       All members/tenants will pay rent in advance of the period to which it relates.      Rent is to be paid in full by the due date. Part paym ent
                 e.g. Rent due on the 1 st of March is for the period 1-14th March.              of rent means the tenant is in rent arrears.

                                                                                                 Any money paid is put towards the oldest debt first. This
                                                                                                 determines whether there is any amount over 14 days
                                                                                                 outstanding.

                                                                                                 Member/tenants are encouraged to contact their Co -
                                                                                                 operative/A ssociation BEFORE their rent due date if
                                                                                                 they will have trouble paying their rent e.g. if there



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                                                                                                are exceptional circum stances and they wi sh to
                                                                                                make an arrangement to pay rent in instalments.

2.2.3       It is the tenant’s responsibility to provide proof of rent paid (when               Proof of payment can include rec eipts and bank
            requested).                                                                         statements.
2.2.4       If rent is not paid in full by the rent due date, (insert title) will contact the   Open communication ensures arrears can be rectified
            tenant in writing as soon as possible (but within 14 days) following the            as quick ly as possible.
            rent due date to request immediate payment of rent, or to make an                   Action needs to be tak en as soon as possible after the
            arrangement for the tenant to pay the rent in instalments.                          rent due date to allow for the tenant to receive notice
                                                                                                and action it before the next step tak es place (which is
                                                                                                that a Form 2 is sent, only possible if any rent remains
                                                                                                unpaid more than 14 days after the rent due date).

2.2.5       No further action need be taken at this stage if the tenant pays the rent owing     If an arrangement is made to pay arrears in instalments,
            by the 14th clear day after the due date, or makes a satisfactory arrangement       and then it is brok en, providing any part of the tenant's
                                                                                                rent is more than 14 days in arrears, a valid Form 2
            with the Co-operative/Association to pay the arrears in instalments.                seek ing payment of the total amount owed must be
                                                                                                served immediately.
2.2.6        Any written arrangement to pay overdue rent in a lump sum or in instalments
             will show:                                                                         Example:
                                                                                                                          st
                    (a) the date of the arrangement                                             Tenant owed $200 on 1 March and only paid $140,
                                                                                                which is k ept in credit.
                    (b) the tenant’s name and address
                    (c) the amount of overdue rent owed                                         An arrangement was made to pay the arrears of $60
                    (d) the period the overdue rent covers                                      over the following 2 rent periods at $30 per fortnight (as
                    (e) dates and amounts of rent normally due                                  well as the normal rent due of $200 per fortnight).
                                                                                                                                            th
                    (f) dates and amounts of instalments for the overdue rent to be paid        Therefore, the tenant owes $230 on the 15 March and
                                                                                                                th
                                                                                                $230 on the 29 March.
                    (g) the consequences of the arrangement not being followed (i.e. that
                        a Form 2, Notice to Terminate a Tenancy will be issued                                       th
                                                                                                If $60 i s paid on 15 March, this would be added to the
                        immediately if the arrangement is broken.)                              $140 credit and that would cover the rental period from
                                                                                                1 to 14 Marc h (as any money paid is put towards the
             A template is located on the Community Housing website (R8 Agreement to            oldest debt first). The rent or part thereof would then not
                                                                                                be more than 14 days in arrears. However there would
             Repay Arrears) at www.communityhousing.sa.gov.au                                                                            th
                                                                                                be a new debt of $200 owing from 15 Marc h.
                                                                                                                                th
                                                                                                If less than $60 is paid on 15 March, a Form 2 can
                                                                                                                    th
                                                                                                be issued on the 16 March for the payment of the total
                                                                                                amount owing ($260), as the rent or part thereof is more
                                                                                                than 14 days in arrears



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2.2.7       When a written arrangement is made to pay overdue rent, the period given to       This depends on a person’s financial ability to pay, i.e.
            repay in full will be realistic, i.e. will relate to the amount owed and the      for a person on Austudy only, $30 a fortnight as well as
                                                                                              normal rent payments may not be affordable, whereas
            tenant’s ability to pay.                                                          for a work ing person it might be.

2.2.8       Arrangements to pay arrears may request the tenant to have their rent paid        Upon renewal of a lease, it may be a term of the
            by direct debit or Centrepay to the Co-operative / Association’s account.         agreement that the rent is to be paid via a specific rent
                                                                                              collection agency (whic h may charge a fee to the
            However, this cannot be made compulsory - the tenant has the right to             tenant ). Tenants who have changed their met hod of
            decide the method of payment.                                                     rent payment, but are currently in a residential tenanc y
                                                                                              agreement that has not yet expired, need to be made
                                                                                              aware that they can revert to their original method of
                                                                                              rent payment, for the remainder of their current
                                                                                              agreement.

                                                                                              See E-Bulletin No 12 at
                                                                                              www.ocba.sa.gov.au/assets/files/e_bulletin_12.pdf

2.2.9       The (insert titles) will keep copies of all written correspondence in relation See notes to 1.1.4
            to rent payments to and from the tenant, together with details of any phone
            calls made or received.
2.2.10      Action when rent remains unpaid (in part or in full) after 14 days                Example:
                                                                                                                        st
                                                                                              Tenant owes $200 by 1 March (for the peri od 1-14
                                                                                              March) and pays only $140. This does NOT mean the
            If the tenant does not pay the full amount of rent owing by the 14 th clear day                                 th
                                                                                              tenant i s paid until the 10 March, it means the
            after the rent due date                                                           tenant i s in arrears from the due date which was 1
                                                                                                                                                  st

                 AND                                                                          March. Therefore if t he remaining $60 is not paid by
                                                                                                th
            does not make a satisfactory arrangement with the Co-operative /                  14   March, action must be tak en by the Co -
            Association to pay the rent arrears in instalments,                               op/Association (a Form 2 notice can be served on the
                                                                                                th
                                                                                              16 - see note to 2.2.6).
                  OR
            makes such an arrangement then breaks it,
                 THEN
            the Co-operative / Association WILL complete and serve the tenant with a
            Form 2 (Notice to Remedy the Breach / Notice of Termination).
2.2.11      The Form 2 will be sent or given to the tenant as soon as possible after 14 Residential Tenancies Act Section 80, 2a
            clear days after the rent due date.                                         Form 2 is available at
                                                                                              http://www.ocba.sa.gov.au/tenancies/res/forms.html



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                                                                                               or from your Co-operative / Association
                                                                                               or by calling the Tenancies Branch on 8204 9544

2.2.12      The Form 2 will give the tenant at least 7 clear days to pay the overdue rent.     Residential Tenancies Act Section 80, 1b

                                                                                               It is recommended that you allow at least one work ing
                                                                                               day for post to be delivered and to allow additional days
                                                                                               to tak e into account week ends and public holidays
                                                                                               (where applicable).

                                                                                               A Form 2 may be modified / updated before a hearing is
                                                                                               held.
                                                                                                                                                th
                                                                                               e.g. It is recommended that you wait until the 16 March
                                                                                               before sending out the Form 2, so that you can include
                                                                                                                               th
                                                                                               the $200 owing from the 15 March if it has not been
                                                                                               paid (or part of it if only part has been paid).

2.2.13      If the tenant fails to pay the total rent owed by the deadline stated in Form 2 Residential Tenancies Act Section 80, 2c
            the (name of organisation) will require vacant possession of the premises
            on the day after that deadline.
2.2.14      If vacant possession of the premises is not given to the Co-operative /            A Form 7 (Application to the Residential Tenancies
            Association by the tenant as a result of the Form 2, the (insert title, on         Tribunal) can only be lodged with the Tribunal after the
                                                                                               Form 2 has expired and the tenant has not remedied the
            behalf of the organisation) must apply to the Residential Tenancies                breach and has not vacated the propert y.
            Tribunal using a Form 7 to request either:
                   • Reinstatement of the tenancy and a n order for payment plan,              Form 7 available at
                      Or                                                                       http://www.ocba.sa.gov.au/tenancies/res/forms.html
                   • Vacant possession of the property.                                        or from your Co-operative / Association
                                                                                               or by calling the Tenancies Branch on 8204 9544
            Consideration of the tenancy history must be given when deciding what order
            to seek using the Form 7.
2.2.15      It is possible for the Co-operative/Association to seek a hearing with the         The Co-operative/Association must k eep accurate
            Residential Tenancies Tribunal with respect to a tenant who is continually         records of all payments e.g. by using the provided
                                                                                               Tenant Rent Record Template on the community
            behind in rent or does not pay in full each time the rent is due. It would use     housing website. A proper rent record must include:
            a Form 7 to do this, and would seek an order for payment plan.                      • the date the rent was received; and
                                                                                                • the name of the person paying the rent; and
            The Co-operative/Association must prove a history of late rent payments             • the amount paid and
            (showing proper rent records – see notes).                                          • the period of the tenancy to which the payment



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                                                                                                    relates; and
            The Co-operative/Association may ask the Tribunal to include a clause in the       •    the address of premises to which the payment
            Order for Payment Plan which states that if the tenant breaks the Order for             relates.
            Payment Plan, that vacant possession of the property will occur on that basis;    A 'proper rent record' shows the period that rent is paid
                                                                                              from and to (the rental period). Therefore, if a full period
            however it is the Tribunal’s prerogative to decide what is included in the        of rent is not paid, the rent should be held in credit until
            order.                                                                            sufficient rent for the full period is received.

                                                                                              Refer to Fact Sheet 3
                                                                                              http://www.ocba.sa.gov.au/ assets/files/fact_3.pdf
                                                                                              for examples of proper rent records.

2.2.16      The Co-operative/Association will advise the member/tenant in writing of Tenant di sputing termination
            their rights to dispute termination (outlined in the Form 2 document), and to
                                                                                          Residential Tenancies Act Section 80, 4
            lodge an appeal.
                                                                                              Form 7 available at
            This is to be done by including with the Form 2 information about Appeals         http://www.ocba.sa.gov.au/tenancies/res/forms.html
            (I.e. this page to be printed from the community housing website                  or from your Co-operative / Association
            www.communityhousing.sa.gov.au Appendix 5 contains a May 2009 copy).              or by calling the Tenancies Branch on 8204 9544

            Tenants may:                                                                      Appeal System page on the community housi ng
               a) Dispute termination using a Form 7. At any time between receiving           websi te:
                  Form 2 and giving up vacant possession of the property, a tenant may        www.communityhousing.sa.gov.au
                  apply to the Residential Tenancies Tribunal for an order to reinstate
                                                                                              Tenants are welcom e to print out relevant Appeal
                  the tenancy using a Form 7. This may involve the Tribunal creating an       documents themselves, or if they do not have access to
                  Order for Payment Plan.                                                     the internet, to contact Community Partners hips on
                                                                                              82070233 to request the pages to be mailed out to
                b) Only if the By-law is breached in some way may the tenant lodge            them.
                   an appeal to the Co-operative/Association (i.e. it must be on
                   procedural /natural justice grounds). If a tenant of a Co-operative or     Refer to Appeal s Against Deci sions of Housi ng
                   Association is not satisfied with the Co-operative/Association’s           Associations and Co-operatives Policy and
                                                                                              Procedures on the communi ty housing websi te
                   decision, they can appeal to the Housing Appeal Panel (see Appeal          www.communityhousing.sa.gov.au
                   By-law for full procedure).     (NB: A non-member tenant of a Co-
                   operative may only appeal a decision about membership – refer to
                   Appeal Policy for further information).




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Appendix 1 Definitions
Breach                          Where an agreement or directive is broken (usually referring to a broken Tenancy Agreement).
Clear days                      Midnight to midnight (Residential Tenancies Act definition)
Form 2 - “Notice by Landlord to Tenant to Remedy a Breach of Tenancy Agreement / Notice of Termination”
                           A Form 2 is a prescribed notice under the Residential Tenancies Act 1995 to be used by landlord (Co-operative or
                           Association) when tenant has broken their tenancy agreement, requesting the tenant to remedy the breach.
Form 7 - “Application to the Residential Tenancies Tribunal (Landlord or Tenant)”
                             A Form 7 is a prescribed application form under the Residential Tenancies Act 1995. This form can be used by
                             either a tenant or a Co-operative/Association to obtain a ruling from the Residential Tenancies Tribunal, including:
                                    Vacant Possession of the property,
                                    Order for Payment Plan (an arrangement to pay rent in instalments)
                                    Reinstallation of the tenancy (eg if a tenant uses the form).
Housing SA, Community Partnerships and Growth
                        Previously the Office for Community Housing
Order for Payment Plan          An arrangement set by the Residential Tenancies Tribunal for the tenant to pay rent arrears in instalments. The
                                arrangement includes dates and amounts, and these can only be changed by the Residential Tenancies Tribunal.
Prescribed                      Has to be used/done etc. (e.g. something prescribed in the Residential Tenancies Act or the Bylaw)
Rent arrears                    Any part of rent which remains unpaid 14 clear days after the due date according to the Tenancy Agreement. Rent
                                is paid in rent periods (usually fortnights), not per day. Partial payment of rent does NOT bring the tenant up to
                                part-way through a rent period. If only a partial rent payment is made, then 14 days after the due date, the tenant
                                can be sent a Form 2 requesting full payment of money owed.
Rent due date                   This is the date on which rent is to be paid in full and in advance according to the Tenancy Agreement.
Tenancy Agreement               The agreement signed by both the tenant and the Co-operative/Association, outlining the rent periods (usually
                                fortnights), rent amount due per rent period, and other conditions of tenancy.
Tenant Rent Record Template
                        The template provided on the community housing website for groups to use to record rent on an ongoing basis if
                        they have no other appropriate template to use. All groups are strongly encouraged to use the template if they are
                        presenting information to the Residential Tenancies Tribunal.
Vacant Possession               Where the landlord requires possession of the property, so the tenant must vacate.


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Appendix 2            Tenant Rent Record Template




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                                      - 10 -
Appendix 3 Rent Funding Worksheet
The Rent Funding Worksheet on community housing website is mandatory for all groups to use
when doing financial reporting each month, unless they have a previously approved format
containing the same information.

www.communityhousing.sa.gov.au


Rent Matters
   Centrelink Rates - March 2009

   Rent Funding Worksheet - Old Funding Agreement

   Rent Funding Worksheet 08/09 - Assoc Less 90 Properties

   Rent Funding Worksheet 08/09 - CHOs more than 90 properties

   Rent Funding Worksheet 08/09 - Coop less than 90 properties




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                                          - 11 -
Appendix 4            Agreement to repay rent arrears template
A template arrangement, between an Association/Co-operative and a tenant, to pay rent arrears in
instalments is located on the community housing website at www.communityhousing.sa.gov.au
Below is the May 2009 version.

                          (Name & Address of Association / Co-operative)

          AGREEMENT TO REPAY RENTAL ARREARS (Overdue Rent)
(Date)

I/we     …………………………………………………………………….                                           (tenant(s) name) of
……………………………………………………………………(tenant(s) address) hereby acknowledge
that I/we owe the ……………….. ……………..….. …………………………………………….
(insert name of Association / Co-operative) the sum of $...............in rental arrears.

The rent covers the period …/…/… - …/.../…

I/we agree to pay the rent I/we owe as follows:


   Date Due       Rent Period       Amount Due Date Paid    Amount       Overdue         Total Due
                  From - To                                 Paid         Amount




 TOTALS:

I/we understand that if I/we do not make all of the above payments on time and in full that
……………………………………………………..(name of Association / Co-operative) will act to
recover the money owed via lodging a Form 2 with the Residential Tenancies Tribunal (seeking
Vacant Possession) and my tenancy (and membership if a member) may be terminated.

Where a change in rent later occurs, this repayment agreement will be renegotiated.

Tenant(s)                                              Rent Coordinator/Treasurer

Name (s):        ………………………………….                        …………………………………….

                 ………………………………….

Signature(s): ……………………………….….                          …………………………………….

                 ………………………………….….

Date:            …… / …… / …….                                       …… / …… / …….




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                                              - 12 -
Appendix 5             Appeals
Below is a copy of the Appeal System page from the community housing website at
www.communityhousing.sa.gov.au

Associations/Co-operatives are welcome to print out relevant documents for their tenants or to
contact Community Partnerships on 1300 700 561 to request the pages to be mailed out to them.


Appeal System
Appeals against Association/Co-operative decisions
As a result of extensive consultation with the sector, the Community Partnership and Growt h directorate has
developed a number of policies, fact sheets and other documents to assist Associations and Co -operatives to
manage and develop their appeal systems.
Please note that it is the responsibility of all Associations and Co -operatives to familiarise themselves with, at
least the mandatory processes covered in these documents. In addition all Associations and Co -operatives
must ensure that their tenants and memb ers are made aware of any changes which may affect them or their
appeal rights.

POLICIES
Appeal s Against Deci sions of the Community Partner ship and Growth directorate
This policy outlines the process for appeals made against a decision of the Community Partnership and
Growth directorate. Development of t his system came about from the July 2007 amendments to the South
Australian Co-operative and Communit y Housing Act 1991.
Appeal s Against Deci sions of Housing Associations and Co -operati ves
This policy has been amended (formerly the Communuity Housing Disput e Resolution and Appeals Polic y) to
provide Housing Associations and Co-operatives with a more consistent and fair appeals process while also
ensuring amendments to the S outh A ustralian Co-operative and Community Housing Act 1991 are adhered
to.

GUIDELI NES
Community Housing Appeal Processes - Guidelines for Housing A ssociations and Co -operati ves
(August 2008)
[Please note thes e guidelines replace the previous, Feb 2006 "Green Book", which is no longer current]
These guidelines provide an outline of the t wo stage Community Housing appeal system for Housing
Associations and Co-operatives.
Suggested Guidelines for Housing Co -operatives - Appeal rights for Applicants for Membership
These guidelines are designed to provide a good practice guide for Community Housing Co -operatives for
achieving fair, reasonable and no oppressive processes for dealing with applications for membership.

MODEL BY-LAWS
The appeals model by-laws are currently being reviewed and will be made available as soon as possible.

FACT / INFORMATION SHEETS
Natural Justice
Mediation
Role of the Housing Appeal Panel (HA P)
Role of the Residential Tenancies Tribunal (RTT)
Role of the Tenant Information and Advocacy Service (TIAS)
Appeal s Against Deci sions by the Community Partnership and Growth directorate
Using an Independent Appeal Convenor for Internal Appeal Hearings
Training and A ssessm ent process for Independent Appeal s Convenors and C ommittee Members

OTHER DOCUMENTS
Internal Appeal s Checklist - For Good Deci sion Making
Housing Appeal Panel Summaries




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