Evictions are covered by the Residential Tenancy Act, Part 4, Division 2. Evictions require that a notice to vacate be issued to a tenant either 14 or 28 days before the eviction date. The length of time is dependent on the reason for a notice to vacate. The 14 day period applies where a tenant has failed to comply with a residential tenancy agreement, the lease has already expired and no more than 28 days has elapsed since expiration, or the tenant has caused a substantial nuisance (e.g. loud, and constant music). 28 days is required where the premises are to be sold, renovated or used for another purpose, the premises are being foreclosed (ss42-43). Housing Tasmania views eviction as a last resort and will work to try and engage the tenant and offer referrals to assist the tenant to meet the conditions of their lease and maintain a successful tenancy.
Review of Department Decisions
If a person is dissatisfied with the handling of any matter, the first step is to contact a Housing Tasmania Area office. A review of the original decision will occur by the office that made the decision.
If a client remains unsatisfied with a decision made by Housing Tasmania, they may apply to the Housing Review Committee (HRC). The Housing Review Committee can review whether policy has been appropriately and correctly applied. Current or past tenants and applicants may apply for a decision to be reviewed by the HRC, however not all matters are reviewable.
Who Can Seek a Review?
Applicants and tenants, past and present may apply to the Housing Review Committee.
Asking for a Review
A tenant may have a decision reviewed at any time following discussions with Area staff, if the tenant is unhappy with the decision or the decision-making process. When you are advised of a decision the letter will contain information about your review rights.
Hearing the Case
The Housing Review Committee is made up of three independent representatives appointed by the Minister, and two Housing Tasmania representatives. The role of the Committee is to carefully consider the application and decide whether the correct policy and procedure had been followed in making the original decision. The Committee makes a recommendation to the Director of Housing. If the applicant remains unsatisfied after the HRC result, they can contact the Ombudsman.