Three Strikes Fact Sheet
Housing Tasmania has introduced a new three strikes approach for behaviour in Housing Tasmania properties. The three strikes approach aims to encourage good behaviour. We want to help build stable, peaceful communities.
Most public housing tenants are well behaved and are good neighbours. Unfortunately some tenants engage in anti-social behaviour in public housing. This is not acceptable.
What does this change mean?
In short, it means Housing Tasmania can issue tenants with three strikes – or warnings – for behaviour that breaches their tenancy agreement. A third strike means the tenancy will end and that tenant will have to leave public housing.
Behaviour covered by three strikes
The three strikes approach responds to the following behaviour, when that behaviour relates to a tenancy, the property or the surrounding community. Tenants will get a strike for:
- Nuisance behaviour
- Substantially interfering with another person's quiet enjoyment of their home
- Severely or frequently interfering with another person's normal activities
- Excessive noise
- Unwanted intrusions on another's property
- All unlawful offences.
Behaviour NOT covered by three strikes
Behaviour that is NOT a breach of the tenancy agreement and is therefore not covered by the three strikes approach includes:
- Annoying behaviour
- Neighbourhood disputes
Housing Tasmania will seek to resolve disputes involving these issues by working with everyone involved to reach an amicable outcome.
A verbal warning can be used before a strike
A verbal warning can be given for a first or rare occurrence of nuisance behaviour that breaches the tenancy agreement. A subsequent breach may either result in a first strike being issued or ending the tenancy if that breach is a serious offence.
Using the three strikes approach
A first strike can be followed by a second strike. Strikes warn tenants that they are in breach of their agreement and at risk of having their tenancy end. When a strike is issued a tenant will be told the reasons for the strike. Tenants will also be given a notice period to improve their behaviour and fix the breach of their tenancy agreement.
A third strike means the tenancy will end and that tenant will have to leave public housing.
Responding to a serious offence
Tenants who commit a serious offence will receive an immediate third strike. They will automatically get a Notice to Vacate and have to leave public housing. Serious offences include serious injury or criminal damage.
Who does the approach apply to?
The new three strikes approach applies to:
- Housing Tasmania tenants
- Tenants managed by a community housing organisation under Better Housing Futures whose lease is still with Housing Tasmania
- Members of the tenant's household and visitors
How long does a warning remain in force?
A verbal warning or strike is active for two years. If a subsequent breach results in a first or second strike being issued the two year period starts again.
If no further breaches occur after two years then all warnings and strikes expire. The tenant is then notified that all warnings have expired.
A third strike does not expire because it results in the immediate issue of a Notice to Vacate.
Supporting tenants to stay in their home
The three strike approach aims to prevent people losing their tenancy with Housing Tasmania if possible, including in these circumstances:
- when a breach results from mental illness
- when support needs have been identified and the tenant engages with support services
- when the tenant improves their behaviour.
Opportunities to improve behaviour
Under the new approach, Housing Tasmania will continue to provide tenants with opportunities to improve their behaviour and avoid eviction.
How does HT deal with complaints?
When there is a complaint about behaviour in a Housing Tasmania property we will:
- provide a confidential way to make the complaint
- advise complainants to contact Tasmania Police if a behaviour is unlawful
- establish if there is evidence for a complaint
- determine if there has been a breach
- inform the tenant of the complaint
- work with all parties to try and resolve the complaint
- assess the support needs of the household and, if needed, make a referral for specialist support
- monitor the tenancy
Has the community sector been involved?
Yes. Housing Tasmania has developed the new three strikes approach with housing and support providers and community advocates.
For more information
Call: 1300 665 663
Our contact details
Housing Tasmania - 1300 665 663
TTY users phone 133 677, then ask for 1300 13 55 13. Speak and Listen users phone 1300 555 727 then ask for 1300 13 55 13.
Internet relay users connect to the NRS then ask for 1300 13 55 13.
Department of Communities Tasmania