A renter living in public or community housing may want to move to a different public or community housing property because their home is no longer suitable. In some cases, they may be able to apply for a priority transfer which will place them on the priority segment of the Victorian Housing Register (VHR).
Although the name ‘priority transfer’ suggests a transfer may be actioned quickly, people may still wait many months or even years to receive an offer of housing based on a priority transfer application.
Eligibility
Social housing tenants may be eligible for a priority transfer where:
For what reason can my client apply for a priority transfer?
A priority transfer application may be lodged for one of reasons listed below. In some instances, the renter won’t be able to lodge the application. Instead, the application will need to be lodged by their housing provider or a designated service provider.
Safety issues
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Family violence
Evidence includes:
- An intervention order or application for one
- A letter from a medical practitioner or designated service provider
- A letter from a lawyer confirming criminal proceedings against the respondent
- Written confirmation of a relinquishment of tenancy due to an exclusion order.
- If the renter is unable to start legal proceedings and isn’t receiving any support the application should be accepted where the renter explains they need to transfer due to family violence.
Who can apply?
The renter, a social housing organisation or a designated service provider.
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Anti-social behaviour by neighbours causing the renter to be unsafe on an ongoing basis
Evidence includes:
- A police report that includes information about police involvement and confirmation that the renter is under serious threat of physical danger.
- An intervention order or application for one.
- Where the renter can’t involve the police, a letter or verbal report from a designated service provider worker or tenancy manager confirming that the application is unsafe due to a serious risk of physical danger.
Who can apply?
The renter, a social housing organisation or a designated service provider.
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Threats to safety in a rooming house
Evidence includes:
- A police report that includes information about police involvement and confirmation that the renter is under serious threat of physical danger.
- An intervention order or application for one.
- Where the renter can’t involve the police, a letter or verbal report from a designated service provider worker or tenancy manager confirming that the application is unsafe due to a serious risk of physical danger.
Who can apply?
The renter, a social housing organisation or a designated service provider.
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A renter is at risk of reoffending after returning to the property from prison.
Evidence includes:
The tenancy manager must:
- confirm that advice has been received from the Department of Justice and Regulation that a renter’s property is unsuitable to return to upon release from prison; and
- see a court order which requires urgent renter relocation.
Who can apply?
The renter, a social housing organisation or a designated service provider.
Family violence
Evidence includes:
- An intervention order or application for one
- A letter from a medical practitioner or designated service provider
- A letter from a lawyer confirming criminal proceedings against the respondent
- Written confirmation of a relinquishment of tenancy due to an exclusion order.
- If the renter is unable to start legal proceedings and isn’t receiving any support the application should be accepted where the renter explains they need to transfer due to family violence.
Who can apply?
The renter, a social housing organisation or a designated service provider.
Anti-social behaviour by neighbours causing the renter to be unsafe on an ongoing basis
Evidence includes:
- A police report that includes information about police involvement and confirmation that the renter is under serious threat of physical danger.
- An intervention order or application for one.
- Where the renter can’t involve the police, a letter or verbal report from a designated service provider worker or tenancy manager confirming that the application is unsafe due to a serious risk of physical danger.
Who can apply?
The renter, a social housing organisation or a designated service provider.
Threats to safety in a rooming house
Evidence includes:
- A police report that includes information about police involvement and confirmation that the renter is under serious threat of physical danger.
- An intervention order or application for one.
- Where the renter can’t involve the police, a letter or verbal report from a designated service provider worker or tenancy manager confirming that the application is unsafe due to a serious risk of physical danger.
Who can apply?
The renter, a social housing organisation or a designated service provider.
A renter is at risk of reoffending after returning to the property from prison.
Evidence includes:
The tenancy manager must:
- confirm that advice has been received from the Department of Justice and Regulation that a renter’s property is unsuitable to return to upon release from prison; and
- see a court order which requires urgent renter relocation.
Who can apply?
The renter, a social housing organisation or a designated service provider.
Manifestly unsuitable housing due to:
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The need for major disability modifications
The designated service provider or tenancy manger must confirm that the applicant is a social housing renter whose accommodation is manifestly unsuitable. The application should detail how the current housing is impacting the client’s wellbeing or their ability to live independently.
The evidence must be specific to the circumstances.
Where relevant, a Special Accommodation Requirements form must be completed by a health practitioner that confirms the living conditions of the current property mean the renter can no longer live there independently.
Who can apply?
The renter, a social housing organisation or a designated service provider.
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The renter can no longer climb stairs
The designated service provider or tenancy manger must confirm that the applicant is a social housing renter whose accommodation is manifestly unsuitable. The application should detail how the current housing is impacting the client’s wellbeing or their ability to live independently.
The evidence must be specific to the circumstances.
Where relevant, a Special Accommodation Requirements form must be completed by a health practitioner that confirms the living conditions of the current property mean the renter can no longer live there independently.
Who can apply?
The renter, a social housing organisation or a designated service provider.
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The renter needs a live-in carer and there are not enough bedrooms in the property
The designated service provider or tenancy manger must confirm that the applicant is a social housing renter whose accommodation is manifestly unsuitable. The application should detail how the current housing is impacting the client’s wellbeing or their ability to live independently.
The evidence must be specific to the circumstances.
Where relevant, a Special Accommodation Requirements form must be completed by a health practitioner that confirms the living conditions of the current property mean the renter can no longer live there independently.
Who can apply?
The renter, a social housing organisation or a designated service provider.
-
They have a medical condition and cannot access specialist medical care
The designated service provider or tenancy manger must confirm that the applicant is a social housing renter whose accommodation is manifestly unsuitable. The application should detail how the current housing is impacting the client’s wellbeing or their ability to live independently.
The evidence must be specific to the circumstances.
Where relevant, a Special Accommodation Requirements form must be completed by a health practitioner that confirms the living conditions of the current property mean the renter can no longer live there independently.
Who can apply?
The renter, a social housing organisation or a designated service provider.
-
The property is negatively impacting their wellbeing
The designated service provider or tenancy manger must confirm that the applicant is a social housing renter whose accommodation is manifestly unsuitable. The application should detail how the current housing is impacting the client’s wellbeing or their ability to live independently.
The evidence must be specific to the circumstances.
Where relevant, a Special Accommodation Requirements form must be completed by a health practitioner that confirms the living conditions of the current property mean the renter can no longer live there independently.
Who can apply?
The renter, a social housing organisation or a designated service provider.
-
Mental health with support
The designated service provider or tenancy manger must confirm that the applicant is a social housing renter whose accommodation is manifestly unsuitable. The application should detail how the current housing is impacting the client’s wellbeing or their ability to live independently.
The evidence must be specific to the circumstances.
Where relevant, a Special Accommodation Requirements form must be completed by a health practitioner that confirms the living conditions of the current property mean the renter can no longer live there independently.
Who can apply?
The renter, a social housing organisation or a designated service provider.
-
They cannot maintain employment
The application should:
- Confirm that the renter has commenced employment in the last 3 months of at least 15 hours per week; or
- Will commence employment in the next 3 months of at least 15 hours per week; and
- Demonstrate that the renter would be unable to sustain the employment if they remained in their current housing due to the distance between their housing and workplace.
Who can apply?
The renter, a social housing organisation or a designated service provider.
-
They need a larger property to enable parents and children to have separate rooms or children of different genders over 6 to have separate rooms
The designated service provider or tenancy manger must confirm that the applicant is a social housing renter whose accommodation is manifestly unsuitable. The application should detail how the current housing is impacting the client’s wellbeing or their ability to live independently.
The evidence must be specific to the circumstances.
Where relevant, a Special Accommodation Requirements form must be completed by a health practitioner that confirms the living conditions of the current property mean the renter can no longer live there independently.
Who can apply?
The renter, a social housing organisation or a designated service provider.
The need for major disability modifications
The designated service provider or tenancy manger must confirm that the applicant is a social housing renter whose accommodation is manifestly unsuitable. The application should detail how the current housing is impacting the client’s wellbeing or their ability to live independently.
The evidence must be specific to the circumstances.
Where relevant, a Special Accommodation Requirements form must be completed by a health practitioner that confirms the living conditions of the current property mean the renter can no longer live there independently.
Who can apply?
The renter, a social housing organisation or a designated service provider.
The renter can no longer climb stairs
The designated service provider or tenancy manger must confirm that the applicant is a social housing renter whose accommodation is manifestly unsuitable. The application should detail how the current housing is impacting the client’s wellbeing or their ability to live independently.
The evidence must be specific to the circumstances.
Where relevant, a Special Accommodation Requirements form must be completed by a health practitioner that confirms the living conditions of the current property mean the renter can no longer live there independently.
Who can apply?
The renter, a social housing organisation or a designated service provider.
The renter needs a live-in carer and there are not enough bedrooms in the property
The designated service provider or tenancy manger must confirm that the applicant is a social housing renter whose accommodation is manifestly unsuitable. The application should detail how the current housing is impacting the client’s wellbeing or their ability to live independently.
The evidence must be specific to the circumstances.
Where relevant, a Special Accommodation Requirements form must be completed by a health practitioner that confirms the living conditions of the current property mean the renter can no longer live there independently.
Who can apply?
The renter, a social housing organisation or a designated service provider.
They have a medical condition and cannot access specialist medical care
The designated service provider or tenancy manger must confirm that the applicant is a social housing renter whose accommodation is manifestly unsuitable. The application should detail how the current housing is impacting the client’s wellbeing or their ability to live independently.
The evidence must be specific to the circumstances.
Where relevant, a Special Accommodation Requirements form must be completed by a health practitioner that confirms the living conditions of the current property mean the renter can no longer live there independently.
Who can apply?
The renter, a social housing organisation or a designated service provider.
The property is negatively impacting their wellbeing
The designated service provider or tenancy manger must confirm that the applicant is a social housing renter whose accommodation is manifestly unsuitable. The application should detail how the current housing is impacting the client’s wellbeing or their ability to live independently.
The evidence must be specific to the circumstances.
Where relevant, a Special Accommodation Requirements form must be completed by a health practitioner that confirms the living conditions of the current property mean the renter can no longer live there independently.
Who can apply?
The renter, a social housing organisation or a designated service provider.
Mental health with support
The designated service provider or tenancy manger must confirm that the applicant is a social housing renter whose accommodation is manifestly unsuitable. The application should detail how the current housing is impacting the client’s wellbeing or their ability to live independently.
The evidence must be specific to the circumstances.
Where relevant, a Special Accommodation Requirements form must be completed by a health practitioner that confirms the living conditions of the current property mean the renter can no longer live there independently.
Who can apply?
The renter, a social housing organisation or a designated service provider.
They cannot maintain employment
The application should:
- Confirm that the renter has commenced employment in the last 3 months of at least 15 hours per week; or
- Will commence employment in the next 3 months of at least 15 hours per week; and
- Demonstrate that the renter would be unable to sustain the employment if they remained in their current housing due to the distance between their housing and workplace.
Who can apply?
The renter, a social housing organisation or a designated service provider.
They need a larger property to enable parents and children to have separate rooms or children of different genders over 6 to have separate rooms
The designated service provider or tenancy manger must confirm that the applicant is a social housing renter whose accommodation is manifestly unsuitable. The application should detail how the current housing is impacting the client’s wellbeing or their ability to live independently.
The evidence must be specific to the circumstances.
Where relevant, a Special Accommodation Requirements form must be completed by a health practitioner that confirms the living conditions of the current property mean the renter can no longer live there independently.
Who can apply?
The renter, a social housing organisation or a designated service provider.
Family reunification
Where the children of a social housing renter are subject to a Children’s court order and a transfer is required to enable family reunification.
To submit this application, the designated service provider or housing provider must:
- See a Children’s Court Order; and
- confirm the renter requires a transfer or housing to facilitate reunification or prevent family breakdown.
Who can apply?
A renter can’t submit a priority transfer application under this ground.
The application must be lodged by the housing provider or designated service provider.
Uninhabitable housing
Where a property is uninhabitable due to fire, flood, vandalism or something similar
Who can apply?
A renter can’t submit a priority transfer application under this ground.
The application must be lodged by the housing provider.
Redevelopments
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The headlease is expiring on a leased property
Applications under this reason should link to the asset plan of the social housing organisation managing the property.
Who can apply?
A renter can’t submit a priority transfer application under this ground.
The application must be lodged by the housing provider.
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The property is going to be demolished or undergo major redevelopment
Applications under this reason should link to the asset plan of the social housing organisation managing the property.
Who can apply?
A renter can’t submit a priority transfer application under this ground.
The application must be lodged by the housing provider.
-
The property is going to be sold
Applications under this reason should link to the asset plan of the social housing organisation managing the property.
Who can apply?
A renter can’t submit a priority transfer application under this ground.
The application must be lodged by the housing provider.
-
The renter wants to return to a redeveloped area
Applications under this reason should link to the asset plan of the social housing organisation managing the property.
Who can apply?
A renter can’t submit a priority transfer application under this ground.
The application must be lodged by the housing provider.
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The renter requires a transfer from a moveable unit due to the sale of property or legal proceedings
Applications under this reason should link to the asset plan of the social housing organisation managing the property.
Who can apply?
A renter can’t submit a priority transfer application under this ground.
The application must be lodged by the housing provider.
The headlease is expiring on a leased property
Applications under this reason should link to the asset plan of the social housing organisation managing the property.
Who can apply?
A renter can’t submit a priority transfer application under this ground.
The application must be lodged by the housing provider.
The property is going to be demolished or undergo major redevelopment
Applications under this reason should link to the asset plan of the social housing organisation managing the property.
Who can apply?
A renter can’t submit a priority transfer application under this ground.
The application must be lodged by the housing provider.
The property is going to be sold
Applications under this reason should link to the asset plan of the social housing organisation managing the property.
Who can apply?
A renter can’t submit a priority transfer application under this ground.
The application must be lodged by the housing provider.
The renter wants to return to a redeveloped area
Applications under this reason should link to the asset plan of the social housing organisation managing the property.
Who can apply?
A renter can’t submit a priority transfer application under this ground.
The application must be lodged by the housing provider.
The renter requires a transfer from a moveable unit due to the sale of property or legal proceedings
Applications under this reason should link to the asset plan of the social housing organisation managing the property.
Who can apply?
A renter can’t submit a priority transfer application under this ground.
The application must be lodged by the housing provider.
How to apply
The renter should contact their housing provider to either obtain a priority transfer application or ask their housing provider to complete an application for them. You can assist your client with this process.
If the application is approved, the application will be placed on the relevant priority segment of the Victorian Housing Register (VHR).
The priority segments are set out in a table on page 11 of the Public Housing allocations offers of housing operational guidelines.
This table also reflects the order of allocations for an offer of public housing, subject to the date the application was lodged.
Community housing providers allocate from the priority access list based on their missions and purposes, provided they meet annual priority allocations targets.
What happens to my client’s priority transfer application if their tenancy ends?
In most cases if a tenancy ends the transfer application will be removed from the VHR. If your client still wants social housing they will need to lodge a new application.
What are the exceptions?
If your client is forced to vacate their social housing due to safety issues (e.g. family violence or serious threats of community violence), their application for priority transfer will remain on the priority transfer category if it is submitted:
- prior to the tenancy being terminated; or
- within three months of the tenancy ending.
If your client is:
- excluded from the property under an intervention order and
- removed from a rental agreement under a VCAT order or voluntarily relinquishes the tenancy,
an application for priority transfer submitted within three months of the tenancy ending will remain on the VHR.
What if my client doesn’t want to return to the property?
In some instances a renter may not want to keep living in the property. If your client has no intention of returning to the property, they may consider relinquishing the tenancy and lodging a Homeless with Support application, instead of applying for a priority transfer. Generally, a Homeless with Support application sits in a slightly higher priority category on the VHR.
This is not a decision that should be made lightly and should take into account the specific circumstances of your client.
What if my client’s application for transfer is refused?
If your client’s application is refused, and you believe the policy was not applied correctly, you can appeal the decision. For example, the decision must have taken into account the potential impact on your client or their household’s human rights under the Charter of Human Rights and Responsibilities Act 2006.
Here are the DFFH appeal process guidelines.
Where can my client get help?
You may like to review the DFFH policy on priority transfers.
Justice Connect Homeless Law does not assist with standalone transfers. As a caseworker, you can help your client to lodge a priority transfer application. Alternatively, you may refer your client to their local Tenancy Plus Program who may be able to help.
The content on the Workers’ Resource Hub is legal information for general guidance and not legal advice. The content on this webpage was last updated in August 2023. See full disclaimer and copyright notice.
