Tenant no longer qualifies for social housing

When a tenant no longer qualifies for social housing, they will be advised and given a 3 month transition period to find alternative housing.

Tenants can apply for a Review of Decision during this time.

At the end of the 3 month transition period, the social housing provider will be advised that the tenant no longer qualifies for social housing. They will also be advised, if applicable, that the tenant has applied for a review or appeal of this decision.

The social housing provider is responsible for administering any termination of tenancy notice required.

If MSD advises Kāinga Ora that their tenant no longer qualifies for social housing, Kāinga Ora will make a decision whether or not to continue the tenancy.

When the decision is not to continue the tenancy, Kāinga Ora will issue the tenant with a 90 day notice and advise MSD the tenancy has ended.

Community housing providers can choose to keep a tenant who no longer qualifies for social housing. If they decide to do this, the housing provider will not get an Income Related Rent Subsidy for the property.

When MSD tells a community housing provider their tenant no longer qualifies for social housing, the housing provider has a maximum of 30 days to decide if their tenant will remain in the property.

When the decision is not to continue the tenancy, community housing providers will issue a 90 day notice and advise MSD the tenancy has ended.

The housing provider must notify the Ministry of Housing and Urban Development if the tenant is going to remain in the property without an Income Related Rent Subsidy for that property.

The Income Related Rent Subsidy will continue to be paid to the community housing provider for the 60 day notice period. This notice period is required for a change in rent to the market rent rate.

MSD must have confirmation from the housing provider that a tenancy has ended before MSD can stop paying the Income Related Rent Subsidy or calculating the rate of Income Related Rent.

The tenancy will finish at the end of the notice period.

The notice period can be given either:

• by the tenant or
• by the housing provider or
• in a termination order from the Tenancy Tribunal