Remote Housing Leases
Policy
Document title
Remote Housing Leases
Version 1.03
Contact details
Department of Territory Families, Housing and Communities
Operational Policy housing.po[email protected].au
Approved by
Executive Leadership Group
Date
30/03/2023
Document review
24 months from date of approval
TRM number
HSG2016/01886-4
Version
Active from
Changes made
1.03
30/03/2023
Editorial amendments
1.02
30/03/2022
Rebranded
1.01
15/12/2016
Editorial amendments
1.00
26/06/2013
New
Contents
1. Purpose ............................................................................................................................................................................. 4
2. Scope ................................................................................................................................................................................. 4
3. Policy details .................................................................................................................................................................... 4
3.1. Whole of township leases ..................................................................................................................................... 4
3.2. Housing precinct leases ......................................................................................................................................... 4
3.3. Tenancy agreements .............................................................................................................................................. 5
3.4. Occupancy information document ...................................................................................................................... 5
3.5. Maintenance levy .................................................................................................................................................... 5
3.6. Town camps ............................................................................................................................................................. 5
4. References ....................................................................................................................................................................... 6
4.1. Legislation ................................................................................................................................................................. 6
4.2. Policies ....................................................................................................................................................................... 6
Department of TERRITORY FAMILIES, HOUSING AND COMMUNITIES
Page 4 of 6
1. Purpose
This policy explains how the Chief Executive Officer (Housing) manages housing under different lease
arrangements in remote communities, town camps and community living areas.
2. Scope
This policy provides information on remote lease arrangements and tenancy and property management
services carried out by the CEO (Housing). It does not include tenant responsibility information on
management or maintenance.
The ‘premises’ is the land on which the ‘dwelling’ is built, including the yard, fence, driveway and garden. For
housing complexes, it includes the common areas and parking lots.
For information on property management, refer to the Property Management Policy.
3. Policy details
The CEO (Housing) administers remote housing under two types of leases under the Housing Act 1982 (NT),
granted under Aboriginal Land Rights (Northern Territory) Act 1976 (the Act). The two types of leases are:
• Whole of township leases; and
• Housing precinct leases.
The CEO (Housing) provides property and tenancy management services for all remote public housing on
leased communities and town camps.
3.1. Whole of township leases
A whole of township lease is a long term lease over communities on Aboriginal land under Section 19A of
the Act. Under a whole of township lease the Land Trust grants a lease over the entire area of the community
to the Executive Director of Township Leasing (an independent Commonwealth Statutory Officer) or an
approved Community Entity for a period of between 40 and 99 years.
A whole of township lease is agreed by the traditional owners and the Australian Government. The Executive
Director of Township Leasing administers the whole of township leases on the Tiwi Islands and Mutitjulu on
behalf of the Australian Government. The Anandilyakwa Royalties Aboriginal Corporation administers the
township lease for communities in Groote Eylandt and Bickerton Island. The Gundjeihmi Aboriginal
Corporation Jabiru Town administers the township lease in Jabiru. Subleases are then issued by these
entities to all users of the town.
The Northern Territory Government, through a sublease arrangement, manages all housing in these
townships. The term of the existing subleases is either 40 years or less, with the option to renew, by either
party on expiry of the original lease period.
3.1.1. Housing precinct leases
Under a housing precinct lease, the landowner agrees to lease the existing housing lots to the CEO (Housing)
for a minimum term of 1 year. These leases comprise of housing precinct, township, Community Living Areas
(CLAs), and leases and subleases pursuant to Section 19 of the Act. If the community is on Aboriginal land,
Department of TERRITORY FAMILIES, HOUSING AND COMMUNITIES
Page 5 of 6
the landowner is a statutory Land Trust under the Act that takes direction from the regional Land Council.
Land Councils grant these leases under Section 19 of the Act.
3.2. Tenancy agreements
Tenants of houses in areas held under CEO (Housing) lease arrangements are required to pay either rent or
a maintenance levy and will receive regular repairs and maintenance services. The CEO (Housing) provides
tenancy and property management services as the landlord in accordance with the tenancy agreements and
Residential Tenancies Act 1999 between the CEO (Housing) and the tenant.
Tenants of new houses are required to sign tenancy agreements and occupants of existing housing will be
required to sign either an Occupancy Information Document (OID) or a tenancy agreement depending on
the condition of the house.
Tenants under a tenancy agreement are required to pay the rent specified in the Rent policy. Occupants
who sign an OID are required to contribute to a maintenance levy.
3.3. Occupancy information document
Occupants of existing dwellings who are required to enter into an OID with the CEO (Housing) are required
to pay a maintenance levy. Under the OID, the occupants are required to keep the dwellings clean and tidy
and in a reasonable standard.
3.4. Maintenance levy
Occupants of properties subject to an OID contribute to maintenance and utilities expenses through a
maintenance levy. This contribution is calculated per occupant of the dwelling.
3.5. Town camps
Where the CEO (Housing) holds a lease or sublease, responsibility for tenancy and property management
services rests with the CEO (Housing).
The CEO (Housing) holds a housing underlease over each housing lot in the Alice Springs town camps on a
month to month basis. For these town camps, the Department has entered into contract arrangements with
service providers for the provision of tenancy management services, and under a memorandum of
understanding with the Department, the Department of Infrastructure, Planning and Logistics (DIPL) has
also entered into contract arrangements with service providers for the provision of property management
services.
The CEO (Housing) holds a sublease over the Tennant Creek CLAs for a period of 20 years. For Tennant
Creek CLAs, the Department has entered into contract arrangements with service providers for the provision
of tenancy management services. DIPL has also entered into contract arrangements with service providers
for the provision of property management services.
The CEO (Housing) holds a sublease over Elliott North Camp and the Marlinja homeland, with Elliott South
Camp under lease to the NT Commissioner for Consumer Affairs. Processes for the delivery of tenancy and
property management services in these three locations are under development. In the interim, housing
maintenance services are being delivered through the Department’s Homelands Program under grant
funding arrangements.
Department of TERRITORY FAMILIES, HOUSING AND COMMUNITIES
Page 6 of 6
There are no current tenure agreements held by the CEO (Housing) over the remaining town camps in the
Northern Territory. Where the CEO (Housing) does not hold tenure agreements over the town camps,
specified housing maintenance, municipal and essential services are delivered through the Homelands
Program by service providers.
4. References
4.1. Legislation
Aboriginal Land Rights (Northern Territory) Act 1976
Housjng Act 1982
Northern Territory National Emergency Response Act 2007
Residential Tenancies Act 1999
4.2. Policies
Pre-existing and Improvised Dwellings policy
Property Management policy
Rent policy
Tenancy Agreements for Public Housing policy