Homeswest

Contributed by Ann-Margaret Walsh and Piercy Porter and current to 1 September 2005

OVERVIEW

Homeswest is a statutory authority set up under the Housing Act 1980 (WA) to provide accommodation for low income-earners. It is headed by an Executive Director who is a public servant and comes under the ministerial responsibility of the Minister for Housing.

Homeswest is the largest rental landowner in Western Australia. Its rental assistance includes bond assistance and the provision of emergency housing in crisis situations. It also provides a range of purchase schemes to assist low to moderate income-earners to buy their own homes.

There is a tendency for Homeswest to be compared to private owners/agents when assessing what are appropriate Homeswest rental management practices and policies. However, it should be borne in mind that Homeswest’s function is primarily to provide housing to those eligible and not, as in the case of private owners/agents, to undertake a profitable enterprise.

Accommodation Managers

Each Homeswest rental property is managed by an Accommodation Manager. This means that the tenant generally deals with one person on all aspects of their tenancy, including rental payment and maintenance. Homeswest applicants and tenants should contact the Accommodation Manager responsible for their area for any enquiries or problems relevant to their housing needs.

If a tenant is dissatisfied with the general performance of their Accommodation Manager, they can contact the Manager of Rental Services (in metropolitan offices) or the Assistant Regional Manager (in country offices). They may also request an appeal of any decision made (see ‘Homeswest Appeals Mechanism’ below).

Homeswest and the Residential Tenancies Act – Application and exemptions

Generally, the Act applies to all Homeswest tenancies in the same way as it applies to private properties. Therefore much of the information provided in the ‘Private Residential Tenancies’ section of this chapter is also applicable to Homeswest tenancies. In this section, attention is drawn to situations in which Homeswest may operate differently from private owners/agents in the management of their properties.

Homeswest has some exemptions from the Act and have contracted out of others; that is, there are some sections which do not apply to Homeswest. These are:

• (s.30) notice periods for rent increase. Homeswest is not required to provide the tenant with 60 days notice if they intend to increase the rent. This is because rent is assessed according to household income and so will vary with changes to income.
• (s.33) issuing of rent receipts. Homeswest is not required to issue rent receipts.
• (s.29) bond lodgement. Homeswest is not required to lodge the bond in a joint account, or release the bond in the mannerprovided by the Act.
• (s.43) tenant’s ability to arrange for urgent repairs. The tenant cannot undertake urgent repairs as this section has been contracted out by Homeswest in their tenancy agreement.

It should be noted that, although Homeswest is not bound by these aspects of the Act, alternative processes are generally set out in their Policy Manuals (see next paragraph) in order to provide tenants with some protection on these matters.

Homeswest policy and practice

In addition to regulation by the Act, Homeswest tenancies and management practices are also governed by Homeswest policies and procedures. These are Homeswest’s own rules which guide and control the decisions of all Homeswest employees in the management of their properties. These policies and procedures are collated in the Maintenance Policy Manual, the Rental Policy Manual, Homeswest Appeals Mechanism Manual, Bond Assistance Policy, Strategic Housing Policy for People with Disabilities, and the Rental Operations Legal Recovery Procedures Manual and are available through Homeswest, including on its website: www.dhw.wa.gov.au. They should be referred to in dealings with Homeswest to ensure tenants are being treated according to policy.

Negotiating Homeswest tenancies

As with all tenancies, Homeswest tenants should attempt to put all agreements and negotiations in writing (see sample letter to owner on page _). Where written confirmation is not possible, a specific request should be made to the Homeswest officer that a note of the conversation be written on the tenant’s file.

Reports of tenancy problems should always be made in writing. Where an advocate is representing a tenant, the tenant should provide written authorisation to Homeswest to discuss file details and to forward related correspondence to the advocate.

Homeswest is often more amenable to negotiating problems with tenancies or rent arrears than owners/agents and, in some instances, there are specific policies for dealing with problems. For example, a tenant may obtain a transfer to a different property if there are exceptional circumstances, or may enter into an agreement to repay rent arrears, water and other debts to avoid eviction. Homeswest policy allows them to demand up-front lump sum payment of arrears and to claim up to 30 per cent of household income until the arrears are repaid. However, it is possible for tenants to negotiate more reasonable repayment terms. It is recommended that tenants obtain assistance in negotiating in such situations.

APPLICATION FOR TENANCY

Eligibility for rental accommodation

An applicant for Homeswest rental assistance must complete an application form and submit this with proof of income, proof of identity, and documentation supporting any special needs. To be eligible for Homeswest rental assistance, an applicant must meet the following eligibility criteria, both at the time of applying and when Homeswest allocates a property:

• be an Australian citizen or permanent resident, and have a postal or residential address in WA;
• have a WA-based income support (in the case of Centrelink payments, the applicant must be registered at a WA office);
• be income-eligible: the income must be below a certain limit, which differs according to household type/size and location of residence; and
• must not own property or land, or have cash assets (this includes bank accounts, shares and similar) of more than $36,400 for a single applicant (see Eligibility Relating to the Income of Applicants in the Rental Policy Manual).

Although the applications are assessed in accordance with the eligibility criteria as outlined in Homeswest policies, where nonstandard situations arise which fall outside existing policies reference may be made to the Discretionary Decision Making Policy in the Rental Policy Manual.

Waiting times

After an application is accepted, there is a waiting time until accommodation is allocated.

Allocation of property is generally based upon a queue system and the waiting time varies between a few months to 7 years according to the size, type and location of accommodation required.

An applicant with an urgent housing need which cannot be met by waiting for an offer of accommodation through the normal queue may make an application for assistance on a priority basis. An applicant can get a priority listing in extreme cases, particularly if a family loses its home through a natural disaster, or where Homeswest assesses that an applicant is in urgent need of accommodation. Examples of these situations are generally a combination of the following:

• medical condition (particularly where the medical condition is being caused or aggravated by the applicant’s existing housing);
• racial harassment; and
• domestic violence.

If an applicant seeks priority listing, their application must be supported by documentation such as a letter from a doctor, or in the case of domestic violence a copy of a restraining order, or a letter from a refuge. The decision is made by Homeswest, and the applicant can appeal the decision if not satisfied (see ‘Challenging Homeswest Decisions’ below). In addition to the normal waiting list, Homeswest has special programs and policies for particular target groups such as people with disabilities and young people. Contact Homeswest for further information.

Allocations

Homeswest allocates properties in accordance with its Allocation Policy in the Rental Policy Manual. This policy provides that applicants will be made one offer of accommodation, consistent with their choice as stated on the application form in the zone or country town of their choice, unless they provide a valid reason for refusal. Applicants with a valid reason will not be penalised and will be returned to the waiting list and made another offer of accommodation when a suitable property becomes available. Where applicants are refusing the property based on medical grounds, they must supply medical evidence supporting the claim when submitting the reasons for the decline.

COMMENCING THE TENANCY

Tenancy Agreement

Homeswest has a standard Tenancy Agreement form which the tenant is required to sign before taking possession of a property. Most tenancies are periodic in nature, although some tenancies (for example, in relation to emergency housing) are provided on a fixed term basis. The agreement outlines the major responsibilities of both Homeswest and the tenant. It may also have special conditions attached to it, requiring certain things of the tenant (for example, that the tenant will maintain an arrangement to repay earlier debts).

There are two types of Homeswest tenancy agreements: the pre-1996 version and the 1996 version. The following references to the Homeswest tenancy agreement are to the 1996 version.

Property Condition Report

The Property Condition Report Policy in the Maintenance Policy Manual outlines the procedures that need to be followed by both Homeswest and the tenant prior to a tenant moving into the property, and when a tenant has given notice of their intention to leave the property. It is a policy requirement that a Property Condition Report (PCR) be completed by an accommodation manager before handing the keys to the property to the tenant.

Once the tenant provides Homeswest with 21 days notice of intention to vacate, a pre-vacation inspection is arranged so that any vacated maintenance requirements and details of any estimated tenant liability costs can be discussed. The tenant is then able to rectify any items raised by Homeswest before returning the keys to Homeswest. Rent will be charged until the keys are returned.

Once the tenant has moved their furniture and belongings, the vacating inspection is then carried out and an assessment of any tenant liability charges is undertaken. The PCR is to be completed within 24 hours of the property being vacated.

The Tenant Management Policy in the Rental Policy Manual provides that Homeswest should offered the tenant a tip pass where made available through the local council, or inform the tenant if the local council offers a “mini skip” bin service.

Rents and entitlement to rental subsidies

The tenancy agreement outlines the tenant’s obligation to pay rent, stating that the tenant is required to pay one rental period in advance, starting at, or before, the commencement of the lease agreement. The tenant will be in breach of the lease agreement if he or she does not keep the rental payments in advance.

Rents for Homeswest accommodation are set for each dwelling type based upon the cost of similar accommodation in the area. This is called market rent. However, most tenants do not pay the full market rent but are eligible for a rebate because they are on a low income.

Homeswest tenants are required to complete an application for rent rebate subsidy at least annually, and whenever there is a change in household circumstances. The tenant is also required to provide documentation in support of the application. Proof of the income of all occupants must be included, though not all types of income are necessarily considered in the assessment of the rebate by Homeswest. If a person visits or occupies the premises on a casual basis for longer than two months, then their income will also be included for the purposes of the assessment (see Tenant Management Policy in the Rental Policy Manual).

If the rental subsidy form is not returned within three months of the due date, the subsidy will be cancelled. The rent subsidy will not be backdated and will only be applied from the date the form was submitted (see Rent to Income Policy in the Rental Policy Manual). How much rental subsidy a tenant receives will depend upon various factors outlined in the Rent to Income Policy.

Bond

Homeswest tenants are required to pay the equivalent of four weeks’ cost or market rent as bond. Tenants may pay $50 up front at the beginning of the tenancy, and then pay the remainder in instalments, in addition to rent. (See Bond Accrual Policy in the Rental Policy Manual).

Methods of payment

There are a number of ways in which tenants can pay the rent. Note that payments cannot be made at Homeswest Offices. Payment may be made by:

• Homeswest Card: payment can be made at any Post Office by using the Homeswest Card;
• direct deduction: tenants who are in receipt of a Centrelink payment may request that Centrelink make a direct payment to Homeswest to meet rent and other payments. This can only be done with the tenant’s authority, but it may be a condition of the tenancy agreement that the tenant pay by direct deduction. The direct deduction form signed by the tenant may allow Homeswest to vary the amount paid. This is not appropriate and the tenant may cancel the direct deduction in writing. The tenant may, however, be in breach of the agreement if they take this course of action. In this case, they should continue to pay the rent and any other debts to Homeswest by using other methods;
• direct debit: tenants may authorise their bank to automatically make rental and other payments directly from the tenant’s account to Homeswest. Again, this can only be done with the tenant’s authority and cannot be varied by Homeswest; or
• bill paying services: these are run by community agencies. The advantage to this service is that it is not limited to the repayment of Homeswest debts.

It is necessary to check the Tenancy Agreement as to the method of rental payment.

DURING THE TENANCY

The general obligations of both the tenant and the landlord, in this case Homeswest, are contained in Part IV, Division 2 of the Act, and in the Tenancy Agreement. Like the private landlord, section 82 of the Act allows Homeswest to contract out of certain sections (see ‘CONTRACTING OUT CLAUSES’ at the beginning of this chapter). It is therefore necessary to the read the Tenancy Agreement carefully to ascertain the rights and obligations of both parties.

Not all of the rights and responsibilities of either Homeswest or the tenant have been detailed below, so it will be necessary to refer to both the Act and the Tenancy Agreement in order to establish what may have been contracted out of in any particular Tenancy Agreement.

Homeswest’s rights and responsibilities

PRIVACY/OWNER’S RIGHT OF ENTRY

The Act provides that an owner of the premises, including Homeswest, has an obligation to enforce the obligation of any other tenant not to cause or permit any interference with another tenant’s peace, comfort or privacy. If Homeswest failed to act upon a valid complaint made by a tenant about another tenant, then that first tenant could write a letter or issue a breach notice against Homeswest (see sample letter to owner and Form 20A).

Homeswest, like a private landlord, also has a right to enter the premises. Their Access to Properties Policy in the Maintenance Policy Manual outlines the circumstances in which Homeswest may enter the premises, and this policy outlines the same circumstances contained in section 46 of the Act.

The Tenant Liability Policy in the Maintenance Policy Manual outlines the situations in which forced entry into the residential premises will be conducted and who will bear the cost.

REPAIRS AND MAINTENANCE

Homeswest has a responsibility to provide and maintain the residential premises in a clean and reasonable condition. This responsibility does not extend to special amenities or nonstandard items installed by previous tenants. Homeswest, in its 1996 Tenancy Agreement, specifically contracts out of Section 42(1)(b) in so far as it applies to special amenities (see Fixtures and Fittings Policy in the Rental Policy Manual).

The tenant’s right to be able to have urgent repairs undertaken at the residential premises and expect to be reimbursed for any expenditure incurred, is also contracted out of the 1996 Tenancy Agreement. Because of this, there are a number of specific policies concerning maintenance and repairs in the Maintenance Policy Manual. These are the Emergency and Priority Maintenance Policy, Uniform Maintenance Standard Policy, Programmed Maintenance Policy and Minimal Maintenance Policy Procedures.

SECURITY AND LOCKS

Section 45 of the Act outlines a landlord’s obligation to provide ‘reasonable security’ at the residential premises. In its 1996 Tenancy Agreement, Homeswest adopts this obligation. Its Security Policy in the Maintenance Policy Manual provides that seniors’ accommodation has been upgraded to barrier screens to front and rear doors and all adjustable accessible windows.

The policy further provides that tenants in other types of accommodation can apply for an upgrade of their home security, but each case will be judged on its individual circumstances. One significant influencing factor in an application for an upgrade is where tenants live in suburbs where continual break-ins are a problem and this is corroborated by the Police Department.

Tenant’s rights and responsibilities

CLEANLINESS AND DAMAGE

Like any other tenant, a Homeswest tenant is responsible for the cleanliness of the premises, and any damage that may have been caused during their tenancy. The tenant is not responsible for any damage arising from fair wear and tear of the property. Although this is not defined in the Act, Homeswest’s Tenant Liability Policy defines it as the “gradual and expected deterioration to fixtures and fittings caused by normal usage and over time.”

The tenant will be held responsible for all repairs to property due to neglect, willful damage and misuse, and the cost of any heavy cleaning and rubbish removal that may be required because of it (see Tenant Liability Policy in the Maintenance Policy Manual). The tenant may be charged two different types of tenant liability (or debt) for any intended or negligent damage. They are:

• Occupied Tenant Liability, which is the cost to fix any damage caused during the tenancy; and
• Vacated Tenant Liability, which is the cost to fix any damage which is discovered once the tenant vacates the property.

If a tenant is being charged a tenant liability debt it is necessary to compare both the ingoing Property Condition Report (PCR) and the outgoing. It is also helpful to obtain the maintenance records, annual inspection forms, and any other documented evidence (eg, photographs) to ascertain what damage the tenant may be liable for, if any.

Tenant liability may not be charged where the damage was caused to the property by non-household members or individuals who did not sign the tenancy agreement. The damage needs to be reported to the Police within three days of it occurring and a Police report number obtained (see Family and Domestic Violence Policy in the Rental Policy Manual).

NUISANCE

Section 39 of the Act provides that a tenant shall not use or permit the use of the premises for any illegal purpose and shall not cause or permit a nuisance. A Homeswest tenant is no exception. A Homeswest tenant, like any other tenant, could be found liable under this section if, in fact, they allowed or permitted a visitor to the premises to use the premises for an illegal purpose or cause a nuisance (s.50 of the Act).

Homeswest have specific procedures in place to deal with allegations of nuisance and the management of nuisance complaints is outlined in the Tenancy Management Policy in the Rental Policy Manual.

While the Residential Tenancies Act only ever uses the term ‘nuisance’, Homeswest uses the term ‘anti-social behaviour’ as well as ‘nuisance’. Examples of anti-social behaviour are outlined in their policies and include regular episodes of loud noises, foul language, acts of physical aggression and drunken behaviour.

If an incident related to anyone who was authorised on the property by the tenant, the tenant may be considered to be at fault, even if they had no real control over the person’s actions. Neighbourhood disputes are often dealt with under the heading of antisocial behavior and may lead to the eviction of the tenant whom Homeswest considers to be at fault.

Any allegation of anti-social behaviour should be dealt with as a matter of great seriousness and urgency and it is recommended that the tenant seek specialist advice. Information about the allegation should be requested from Homeswest and the tenant should respond in writing, outlining their version of the event(s) or situation. If the allegation is disputed, support letters from witnesses may assist the case. If the tenant agrees with the allegation, it may be tactical to forward to Homeswest a written apology and a commitment to preventing a further occurrence.

ENDING THE TENANCY

To ascertain how a tenancy is to be terminated, it is necessary to first identify whether the tenancy is a fixed term or a periodic tenancy. Although most Homeswest tenancies are periodic, some are fixed term tenancies, for example, in emergency accommodation, or if the tenant has what Homeswest may classify as a poor tenant history.

Fixed Term Agreement and Homeswest wishes to end tenancy

See paragraph ‘Fixed Term Agreement and owner wishes to end tenancy’ in ‘PRIVATE RESIDENTIAL TENANCIES’ above. In addition to the provisions of the Act described in that paragraph, Homeswest’s internal procedures with which they must comply are outlined in their Legal Recoveries Procedures Manual. The tenant must be reminded that Homeswest cannot force a tenant to leave the premises

without a Court order (s.80).

Fixed Term Agreement and tenant wishes to end Homeswest tenancy

See the paragraph ‘Fixed Term Agreement and tenant wishes to end tenancy’ in ‘PRIVATE RESIDENTIAL TENANCIES’ above. There are no particular requirements that a tenant must satisfy before applying to terminate a Homeswest fixed term tenancy.

Periodic tenancy and Homeswest wishes to end tenancy

• Where the tenant is in breach of the agreement (other than rent arrears).
Two steps are required (s.62):

i. The owner/agent must issue a notice to the tenant detailing the breach and providing at least 14 days for the tenant to remedy the problem (s.62(3)). This notice is known as a breach notice and must be on a prescribed form (Form 20);
ii. The owner may then issue a notice of termination giving the tenant at least 7 days to vacate (s.62(2)). This must be on a prescribed form (Form IC) (s.61). If the tenant remedies the breach, or does not agree that the agreement is in breach, but the owner/agent wishes to proceed with termination of the tenancy, the tenant should attend the court hearing to defend the action. The owner/agent will be required to prove that there is a breach, that the correct notices have been correctly served (s.85), that the appropriate time periods have elapsed (that is, the tenant was given the full 14 days to rectify the breach prior to the Form 1C being served on the tenant) and that the breach is, in the circumstances, serious enough to justify termination (s.71).

• Homeswest may end the tenancy by serving a 60 day Notice of Termination (s.64), using a Form 1C (s.61). Because no reasons are required under a section 64 Termination, the tenant cannot argue against the reason for eviction. However, they can argue against the eviction if Homeswest has not followed the correct process. For example:

– the Notice was not properly served (s.85);
– Homeswest has not allowed the appropriate time periods to elapse, that is, the full 60 days notice was not given;
– they believe the eviction is retaliatory because they took steps to secure their rights as a tenant within the previous 6 months (s.71(3) and (4)).
– further, it is open for the tenant to argue that an attempt by Homeswest to evict a tenant using s.64 is a breach of natural justice. Ascertaining whether a breach of natural justice has occurred will depend upon the individual circumstances of the case. It is recommended that a tenant obtain advice as to how best to present this argument.

• Where the tenant is in arrears with rent.
There are two options for terminating the tenancy:

i. As soon as the rent is in arrears, Homeswest can issue a notice of breach requiring the tenant to pay the rent within 14 days (s.62(4)). If the rent remains unpaid, they can issue a notice of termination (Form 1A, s.61) giving the tenant at least 7 days to vacate the premises (s.62(2)). If the outstanding rent is paid after the breach period has expired Homeswest may still continue with eviction proceedings; or
ii. As soon as the rent is in arrears a notice of termination (Form IB, s.61) giving the tenant 7 days to vacate may be issued (s.62(5)). A hearing for an application for a court order to evict cannot be made until 21 days after the notice of termination has been issued. If the tenant pays rent and the court application lodgement fees at least 1 day before the date of the court hearing, Homeswest cannot proceed with the eviction; that is, the tenant cannot be evicted unless the rent is at least 20 days in arrears.

The tenant should always try to negotiate with Homeswest for time to pay the arrears.

If Homeswest proceeds with any application for termination of the tenancy, it is necessary that the requirements of the Act be satisfied. These are:

• (s.71(2)(a)): the correct notices were served;
• (s.85): the requirements for service of the documents have been met;
• (s.71(2)(b)): Homeswest must prove an actual breach of the tenancy agreement except if they are relying on a Section 64 Termination; and
• (s.71(2)(b)) ; if a breach of the agreement can be established, it must be such as to justify termination of the agreement.

Periodic tenancy and tenant wishes to end Homeswest tenancy

The ways in which a periodic tenancy can be ended are the same as those described above in relation to private periodic tenancy agreements.

TENANCY DISPUTES

Bond return, tenant liability and vacated arrears

As they are exempt from section 29 of the Act, the normal bond lodgement and bond return requirements do not apply to Homeswest. Homeswest can retain the bond, putting the onus on the tenant to take recovery action. Retrieving the bond is a common problem for Homeswest tenants. It is also common for tenants to be charged additional costs for damages that Homeswest consider to be the tenant’s fault. This is known as tenant liability.

The tenant liability as well as any other vacated debts (debts such as water charges and rent arrears outstanding at the end of the tenancy) will remain on the tenant’s file and may prevent the tenant getting further assistance from Homeswest (including bond assistance for private rental). Homeswest may also pursue the tenant through a debt collector to recover the money.

Tenants should guard against problems by checking the Property Inspection Report provided by Homeswest at the beginning and end of the tenancy, and by having this witnessed (see ‘Property Condition Report’ above). They should also contact Homeswest at the end of the tenancy, to find out what charges have been made, and dispute unfair claims through the Homeswest Appeals mechanism (see below) or through the Magistrates Court (above). Appeals should generally be lodged within 12 months of the Homeswest decision, but there is discretion to waive the deadline in special circumstances. Unfair charges can only be appealed through to Tier 2 of Homeswest’s Appeals mechanism.

Challenging Homeswest decisions

HOMESWEST APPEALS MECHANISM

Homeswest applicants and tenants have access to a three-tiered appeals system in relation to some Homeswest decisions. Appeals should be commenced within 12 months of the original decision being made. Appeals cannot be made in relation to matters which are being reviewed by the Ombudsman, the Minister for Housing, or the Equal Opportunity Commission (see ‘Other Avenues’ below), or which are the subject of legal action. If the tenant thinks that Homeswest might take legal action, it is suggested, for tactical reasons, that an appeal be lodged prior to the commencement of the legal action. Though this may not prevent Homeswest from pursuing legal action, it may provide an avenue for legal appeal at a later date.

The first tier can hear disputes about any Homeswest decision. At this stage there is a review by a Homeswest Officer who was not involved in the original decision. Any adverse decision will be automatically reviewed in the office at which the decision was made prior to Homeswest sending any correspondence to the tenant. If the original decision is endorsed then Homeswest must send to the tenant the following documents within 7 days:

• An unfavourable decision letter;
• A Homeswest Decision Review Form; and
• An application to appeal to Tier 2.

If the tenant wishes to pursue the matter to Tier 2, they must do so within 12 months of the original decision.

The second tier is to the Appeals Committee, and involves a review by a senior Homeswest Officer and an independent member of the community. The decisions that can be taken to this level are those relating to:

• priority rental assistance;
• bond assistance (private rental);
• a housing loan;
• any other assistance with housing, except matters relating to tenant liability, bond or rental debts and water consumption debts.

The Appeals Committee will not hear any matters that are the subject of Court action, or application to State Ombudsman, or Minister for Housing. Also excluded are decisions of general application such as rent increases.

Whatever the issue, appeals can only relate to the correct application of Homeswest policy. To proceed to this tier, an application form (usually supplied by Homeswest whenever there is a negative decision made) should be completed and lodged at Homeswest along with any supporting documentation. The appeal should explain how the decision deviates from policy. Second tier reviews are usually heard at the regional Homeswest office, although alternative arrangements can be made. The tenant and an advocate may attend the hearing, which is an informal meeting to discuss all the issues. If this review is unsuccessful, the tenant may proceed to the third tier within 60 days of receiving the unfavourable Tier 2 decision.

The third tier is a review by the Public Housing Review Panel. This panel is independent of Homeswest with its membership coming from the wider community. A request for a review at this level must be made within 60 days of the Tier Two decision. Decisions concerning debt and occupied maintenance are ineligible for review at Tier Three.

Application is made by returning a signed copy of the Tier Two decision to Homeswest with any additional information or letters of support. Again, the review is only to ensure that Homeswest policy has been followed, but as there is a large level of discretion available to Homeswest, there is scope to find that, in the given circumstances, Homeswest wrongly used its discretion in applying the policy. The tenant may ask to be present at the hearing, but this is at the discretion of the Panel. The decision of the Panel is binding upon Homeswest.

Other avenues

In addition to the Homeswest Appeals mechanism, tenants may complain about Homeswest decisions to other agencies. Such complaints are not limited to matters of Homeswest policy and complaints of such a nature may lead to a review of policy. Avenues of complaint include:

• Minister for Housing and/or other members of parliament;
• The Ombudsman (see CHALLENGING GOVERNMENT DECISIONS;
• Department of Consumer and Employment Protection;
• The Equal Opportunity Commission if the tenant believes that they have been discriminated against directly or indirectly (see DISCRIMINATION );
• The Magistrates Court, in relation to matters covered by the Residential Tenancies Act (see ‘Proceedings in the Magistrates Court’ above). Homeswest may also take action against a tenant in the Magistrates Court.

Tenants are advised to get support and attend the hearing.