This Practice Standard is also available:
Intent
The Agreements about tenancy, housing and support arrangements Standard sets out that providers should ensure participants have clear, accessible and transparent agreements that distinguish between tenancy or housing arrangements and the SIL support provided. Providers should ensure that participants are supported to make informed decisions about their living arrangements, including who they live with, how supports are delivered in the home and how changes are made.
Participants living in SIL environments should feel secure in their home and not be subject to undue influence or loss of housing due to SIL support related issues. Providers and workers should demonstrate that housing and support arrangements are not only documented but are understood, fair and consistently applied in practice so participants experience their home as a place of security, choice and stability.
Expectation statements
Participant statement
I am supported to understand my service and tenancy agreement are separate documents and my provider explains how my supports will be provided in my home in a way that suits me based on my communication preferences. I am supported to understand that my tenancy agreement is a standalone legal agreement and is not contingent on receiving services from a particular provider. I am supported to review, change or end my service arrangements, and the provider takes reasonable steps to ensure I am not disadvantaged in relation to my housing. My service agreement and tenancy agreement will provide me with up-to-date information about my service arrangements in relation to my housing.
Worker statement
I support participants to understand their service agreements and tenancy rights and responsibilities if they request me to. When the participant requires more detailed assistance to understand their rights and responsibilities, workers are expected to support them to access independent advocacy or legal assistance. When needs and preferences change, we work together to ensure supports meet the participants goals and expectations in accordance with their service agreement.
Provider statement
We ensure tenancy and support arrangements are clearly separate. We ensure these agreements are clear, accessible, fair and lawful. We manage conflicts of interest, protect housing stability and ensure participants can access the tenancy and supports as described in their service and tenancy agreements.
Outcome statement
Each participant who has a tenancy agreement with the provider is supported to understand how the terms and conditions of the tenancy agreement interact with their service agreement with the provider, and each such participant is supported by effective tenancy management and is able to exercise choice and control and their tenancy rights.
Quality indicators
To achieve this outcome, the following indicators should be demonstrated:
- Where a provider is delivering both assistance with supported independent living and tenancy to the same participant, there are separate service and tenancy agreements.
- Each participant who is receiving both assistance with supported independent living and tenancy from the same provider is supported to understand the distinction between their service agreement and tenancy agreement, including that they are legally separate and that one is not contingent on the other. This includes requiring workers to refer participants to access independent advocacy or legal assistance to understand their rights and responsibilities.
- Policies and procedures are in place that detail how perceived or actual conflicts of interests are identified and managed by a provider that is delivering both assistance with supported independent living and tenancy to the same participant. The conflict of interest policies are made available to participants in the language, mode of communication and terms which each participant is most likely to understand.
- Policies and procedures are in place to ensure participants can raise concerns about their supports and tenancy management without fear of retribution. This includes requiring workers to assist participants to access advocacy and/or legal services where appropriate.
- Each participant who is receiving both assistance with supported independent living and tenancy from the same provider is supported in their tenancy:
- By the provider providing accessible information and support to ensure the participant understands their rights and responsibilities under relevant tenancy law. This includes information about their house-sharing arrangements, notice periods and exit processes.
- By the provider providing, when required by the participant, more detailed assistance to understand their rights and responsibilities, including to access advocacy and/or legal services.
- To understand their rights to change, in whole or in part, the provider who delivers assistance with supported independent living at any time during the tenancy agreement, and there are appropriate participant centred arrangements to facilitate this.
- To be involved in decisions about their home environment including how shared spaces should be used.
- To have access to house keys and to have private spaces that are managed in accordance with their preferences and subject to paragraph (f). This includes ensuring participants have the right to control who enters their private space.
- By not having any limits applied to their access or possessions, unless there is a behaviour support plan in place for the participant. Any limits to access or possessions are applied in the least restrictive way possible and in accordance with their behaviour support plan.
- By the provider maintaining ongoing compliance with all relevant laws and standards, including building standards and tenancy laws that apply to disability accommodation.
- To understand their tenancy agreement, including any conditions, by using the language, mode of communication and terms which that participant is most likely to understand.
- To have a copy of their agreement as signed by the participant and the provider. Where this is not practicable, a record is made detailing the circumstances in which the participant did not receive a copy of their agreement.
- Each participant is supported to have a written service agreement in place that set out the following matters:
- How a participant’s concerns about their home will be communicated and addressed;
- How potential conflicts involving co-tenants will be managed;
- How changes to participant circumstances and/or support needs will be agreed and communicated;
- How vacancies will be filled, including each participant’s right to have their needs, preferences and situation taken into account;
- How behaviours of concern, which may put tenancies at risk will be managed, if this is a relevant issue for the participant; and
- How participants can have visitors in their home, including how participants will be supported to exercise this choice safely without unnecessary restrictions.
Best practice for agreements about tenancy, housing and support arrangement
Tenancy legislation for each Australian state and territory through the official government legislation websites. Residential tenancy laws are state/territory based.
New South Wales (NSW)
Residential Tenancies Act 2010
Victoria (VIC)
Residential Tenancies Act 1997
Queensland (QLD)
Residential Tenancies and Rooming Accommodation Act 2008
South Australia (SA)
Residential Tenancies Act 1995
Western Australia (WA)
Residential Tenancies Act 1987
Tasmania (TAS)
Australian Capital Territory (ACT)
Residential Tenancies Act 1997
Northern Territory (NT)
Best practice resources are intended to support continuous improvement and promote good practice.
External resources are provided for information and educational purposes only. Their inclusion does not constitute an endorsement by the Commission or alter applicable legal obligations.
External links provide general information to assist NDIS providers to understand obligations that may arise under some relevant legislation and frameworks. It is intended for informational purposes only and does not constitute legal advice.
Practical examples of agreements about tenancy, housing and support arrangements
Ethan is a participant who receives SIL support. Ethan’s SIL support is provided by an organisation that owns the property he lives in.
How support is provided:
- When Ethan moved into the home, two separate agreements were established, a tenancy agreement and a SIL service agreement.
- Ethan’s provider supports Ethan to understand the distinction between his tenancy agreement and service agreement, including that they are legally separate and one is not contingent on the other.
- Ethan raises questions regarding the two agreements, and the support worker refers Ethan to access independent advocacy or legal assistance to understand his rights and responsibilities.
- The support worker assures Ethan that he can raise concerns about his support and tenancy, including house-sharing arrangements, and he will be supported to make decisions about his home environment and how shared spaces are used.
After several months, Ethan becomes unhappy with the way his current SIL supports are being delivered. Ethan feels workers do not support his preferred routines and wants to explore another SIL provider. Ethan is told that he may need to move out if he stops receiving SIL services from the provider, leaving Ethan significantly distressed.
How support is provided:
- The provider ensures to communicate with Ethan in the way that he prefers. The provider makes sure that a family member or other supporter is available to attend to help discuss his options.
- The provider makes sure Ethan has access to independent housing advocacy services if he is considering moving or if the provider intends to make changes to his tenancy arrangements.
- The provider has contingency measures in place to ensure housing is maintained for participants if they decide to change SIL provider.
Outcome:
- Ethan decided to transition to another SIL provider. The current provider works collaboratively with Ethan, the incoming provider, and relevant stakeholders to support a smooth transition.
- Ethan remains in his home under his tenancy agreement, and the change only impacts the SIL service arrangement.