GOVERNMENT REGIONAL OFFICERS HOUSING. Debt Recovery Policy. October 2009

Transcription

1 GOVERNMENT REGIONAL OFFICERS HOUSING Debt Recovery Policy October 2009

2 Policy Number of the Department of Housing of Western Australia Reproduction of this work in whole or part within the Department and on condition that it not be offered for sale, is permitted by the Department of Housing of Western Australia. Further information please contact: Title : Government Regional Officers Housing Coordinator Policy and Projects Address : Department of Housing 99 Plain Street EAST PERTH WA 6004 Telephone Facsimile Danielle.Faulkner@housing.wa.gov.au Website 2

3 TABLE OF CONTENTS 1. INTRODUCTION OVERVIEW PURPOSE OF THIS DOCUMENT SCOPE RELEVANT LEGISLATION AND REFERENCES DOCUMENT CONTROL DOCUMENT REVIEW FULL DOCUMENT HISTORY DEFINITION OF TERMS (GLOSSARY) DEBTS RELATED TO CURRENT TENANCY OCCUPIED DEBT DEBTS RELATING TO A PREVIOUS TENANCY VACATED DEBT

4 1. INTRODUCTION 1.1 OVERVIEW GROH pursues debts in accordance with the provisions of the Residential Tenancies Act Debts may arise from rental arrears (private tenants), tenant liability and water consumption debts. 1.2 PURPOSE OF THIS DOCUMENT This document is written with the aim of providing clear policies and procedures for Department of Housing officers to ensure effective management and consistent implementation of the Debt Recovery Policy and should be read and actioned in conjunction with GROH Recovery Procedures manual. 1.3 SCOPE This document is written for use by Department of Housing officers. 1.4 RELEVANT LEGISLATION AND REFERENCES Government Employees Housing Act 1964 Residential Tenancies Act 1987 Customer Service Charter GROH Recovery Procedures 1.5 DOCUMENT CONTROL This document is published on the GROH Internet site at - GROH Policies Responsibility for the document lies with the Director, Government Regional Officers Housing. 4

5 1.6 DOCUMENT REVIEW This document may be amended from time to time (see 1.7 Document History). 1.7 FULL DOCUMENT HISTORY ISSUE DATE REASON POLICY AUTHOR OFFICERS TITLE DATE LOADED ON Internet 1 November 2008 First Edition Emily Tyrrell-Clark Policy and Research Officer 2 October 2009 Policy Reformatted Danielle Faulkner Coordinator Policy and Projects October DEFINITION OF TERMS (Glossary) TERM / ACRONYM MEANING GROH Government Regional Officers Housing RTA Residential Tenancies Act

6 2. DEBTS RELATED TO CURRENT TENANCY OCCUPIED DEBT POLICY : GROH will act promptly to ensure that arrangements to repay a debt are made to prevent the accumulation of a large debt. PRACTICES / PROCEDURES 2.1 Tenant may enter into a proposal to repay the debt within a set timeframe and maintain payments until the debt is cleared. Failure to pay the debt or make arrangement to pay the debt may result in a Breach being issued. Failure to rectify the Breach may result in the issuing of a notice of Termination. In the event that the tenant fails to make satisfactory effort to repay the debt or continues to ignore the debt then court action may be undertaken. 2.2 A Breach notice gives the tenant 14 days to rectify the breach. 2.3 Prior to a Breach being issued the tenants employing agency will be contacted to assist GROH in recovering the debt from the tenant. The department must also be notified once the Breach notice is served. 2.4 The Notice of Termination will specify a date by which the breach is to be rectified or the tenant is required to deliver possession of the property. 2.5 Payment of the debt or making an arrangement to repay will halt the recovery process at any point prior to the court hearing. 3. DEBTS RELATING TO A PREVIOUS TENANCY VACATED DEBT POLICY : Should an applicant for GROH housing be found to have an outstanding GROH debt, arrangement to clear the debt must be made prior to the tenant being occupied in a new tenancy. PRACTICES / PROCEDURES 3.1 Where there is debt relating to a previous tenancy the tenants employing department must be contacted regarding clearing the debt prior to the tenant being given a new tenancy Should the debt remain unpaid after contact with the tenant and client department the debt may be sent to a debt collection agency for further action. 3.2 If a payment arrangement with the tenant is entered into, the debt must be transferred to the new account at occupation. 6