What a SIL Property and Tenancy Template Must Cover

Supported Independent Living (SIL) providers in Australia are required under the NDIS Practice Standards to clearly separate a participant's tenancy rights from their support arrangements. This is not simply good practice — it is a compliance requirement that quality auditors assess during both initial registration and ongoing audits under the strengthened 2026 framework.

A well-constructed SIL property and tenancy template serves two purposes: it gives your organisation a consistent, auditable process for every dwelling you operate, and it demonstrates to the NDIS Quality and Safeguards Commission that participants are treated as genuine tenants with enforceable rights, not as service recipients who can be relocated or have their housing withdrawn as a consequence of support decisions.

Key Regulatory Framework

The following requirements shape what every SIL property and tenancy template must address:

Template Structure: What to Include

Use the following structure as the foundation for your organisation's SIL property and tenancy template:

Section 1 — Property Details

Section 2 — Participant Tenancy Rights Statement

Section 3 — Maintenance and Safety Schedule

Section 4 — Shared Living Arrangements

Section 5 — Exit and Transition Planning

Filled-In Example: Participant Tenancy Rights Statement

The following is a realistic example of how Section 2 might read in a completed SIL property and tenancy document. Adapt it to your organisation's circumstances and have it reviewed against your state tenancy legislation.

Field Example Entry
Participant name [Participant's full name]
Property address 14 Elm Street, Geelong VIC 3220
Occupancy commencement 3 March 2025
Tenancy arrangement type Sub-tenancy — provider holds head lease; participant holds sub-tenancy agreement in own name
Tenancy independent of supports? Yes. The participant's right to occupy this property is not conditional on receiving SIL supports from [Organisation Name]. If the participant chooses to change SIL providers, a transition plan will be developed with a minimum 28-day handover period to ensure continuity of housing.
Complaint/change protection The participant cannot be required to vacate this property as a result of making a complaint, raising a concern, or exercising any right under the NDIS Code of Conduct or NDIS Act 2013.
Governing tenancy legislation Residential Tenancies Act 1997 (Vic)
Participant acknowledgement date [Date signed by participant or their representative]
Provider representative [Name, title, signature, date]

Step-by-Step: Completing the Template for a New Participant

  1. Confirm property suitability — before any participant moves in, document that the property meets their accessibility needs and any mandatory safety requirements (working smoke alarms, accessible bathrooms, appropriate egress).
  2. Establish the tenancy structure — determine whether the participant will hold a direct tenancy, a sub-tenancy, or a licence to occupy. Document the rationale and ensure the arrangement does not create a conflict of interest.
  3. Prepare and sign the tenancy rights statement — complete Section 2 of the template with the participant or their legal representative present. Provide them with a copy.
  4. Document shared living consent — if the participant will share with others, record their consent to the specific housemates and the process for raising concerns about the arrangement.
  5. Complete the maintenance and safety schedule — log the property's current safety status and set dates for routine checks.
  6. Store in the participant's file — retain the completed template in the participant's individual file alongside their SIL support plan, accessible to quality auditors on request.
  7. Review annually and at any change — update the template whenever there is a change in living arrangements, housemates, or the participant's tenancy structure.

Common Audit Non-Conformances to Avoid

Quality auditors assessing SIL property and tenancy documentation frequently identify the following gaps:

Pulling It Together

A single well-structured template that covers all five sections above will satisfy auditor expectations for property and tenancy under the NDIS Practice Standards. The key principle auditors look for is genuine participant control — evidence that the person living in the property has real rights that exist independently of the commercial relationship with the SIL provider.

If your organisation needs a complete audit-ready documentation suite, ndiscompliant.com.au offers a 74-document SIL compliance kit that includes this property and tenancy template alongside incident management, restrictive practices, and registration-readiness documents — built specifically for the 2026 strengthened framework.

Important: This article provides general guidance about NDIS compliance requirements. It is not legal or professional advice. Requirements may change as the NDIS Commission updates its policies and Practice Standards. Always verify current requirements with the NDIS Quality and Safeguards Commission or a registered NDIS consultant before making compliance decisions.