Policies & templates
SIL Property and Tenancy Template and Example (2026 Ready)
A SIL property and tenancy template documents how a registered provider manages the physical home environment, tenancy agreements, maintenance, and participant housing rights. It must align with the NDIS Practice Standards on living arrangements and demonstrate that participants hold genuine tenancy rights independent of their support arrangements. Providers need this for registration and quality audits.
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as genuine tenants with enforceable rights, not as service recipients who can be relocated or have their housing withdrawn as a consequence of support decisions.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:
- NDIS Practice Standards — Supporting Daily Life module: Requires providers to ensure participants have access to appropriate, safe, and well-maintained accommodation and that their individual housing preferences are respected.
- Separation of tenancy and support: The NDIS Commission's guidelines make clear that a participant's accommodation arrangement must not be contingent on receiving supports from a particular provider. Tenancy agreements must be held in the participant's name where possible, or through a transparent housing arrangement that does not create a conflict of interest.
- Human Rights obligations: The NDIS Code of Conduct requires providers to respect the rights of participants to make decisions about their own lives, including where they live and with whom.
- 2026 strengthened registration framework: Under the strengthened NDIS Practice Standards rolling out from 2026, providers must demonstrate more rigorous documentation of how participant choice and control is embedded in living arrangements, including written processes for handling tenancy disputes and property exits.
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
- Property address and registration identifier
- Maximum occupancy and current occupancy
- Property owner / landlord details (if leased by the provider)
- Head-lease or sub-lease arrangements, clearly documented
- Accessibility features and any physical modifications made for participants
Section 2 — Participant Tenancy Rights Statement
- Written confirmation that the participant's right to occupy is independent of the SIL support arrangement
- Reference to the relevant state or territory residential tenancy legislation
- Process for what happens to the participant's housing if they choose to change SIL provider
- Confirmation that no participant can be removed from housing as a result of making a complaint or changing support arrangements
Section 3 — Maintenance and Safety Schedule
- Routine maintenance schedule (smoke alarms, fire safety, electrical testing)
- Process for participants to report maintenance issues and expected response timeframes
- Emergency maintenance contacts
- Record of all modifications and their approval status
Section 4 — Shared Living Arrangements
- How housemates are matched and the participant's involvement in that process
- Process for resolving house conflicts
- Documentation confirming each participant consented to living arrangements
Section 5 — Exit and Transition Planning
- Notice periods and how they are communicated to participants
- Who is responsible for supporting the participant to find alternative accommodation
- How personal belongings and bonds are handled at exit
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
- 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).
- 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.
- 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.
- 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.
- Complete the maintenance and safety schedule — log the property's current safety status and set dates for routine checks.
- 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.
- 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:
- No written statement confirming tenancy rights are separate from support arrangements
- Tenancy agreements that include a clause allowing the provider to terminate housing if supports are cancelled
- No documented process for what happens to a participant's housing when they change provider
- Maintenance logs that are incomplete or show unacceptable response delays
- Shared living arrangements where no consent documentation exists
- Exit planning processes that place the burden entirely on the participant with no provider responsibility
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 136-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.
Frequently asked questions
Does a SIL participant have to have their own tenancy agreement?
Not necessarily in their own name, but their right to occupy the property must be independent of their support arrangement. Whether through a direct tenancy, sub-tenancy, or licence to occupy, the NDIS Commission expects that a participant cannot lose their housing simply because they change SIL providers or make a complaint.
What is the difference between a SIL property template and a standard tenancy agreement?
A standard tenancy agreement covers the legal lease between landlord and tenant under state legislation. A SIL property and tenancy template goes further — it documents the NDIS-specific obligations around participant rights, shared living consent, maintenance responsibilities, and transition planning that quality auditors require under the NDIS Practice Standards.
Can a SIL provider also be the landlord for the same property?
This arrangement creates a conflict of interest that the NDIS Commission scrutinises closely. Providers in this situation must have additional safeguards documented, including clear evidence that the participant's housing security is not affected by any decision about their supports, and ideally an independent advocate or support coordinator involved in housing decisions.
How often should the SIL property and tenancy template be reviewed?
At minimum annually, and also when there is any material change — a new housemate, a change in the participant's support needs, a property modification, or a change in the provider's lease arrangements. Auditors may check the date of the last review as part of ongoing registration assessments.
What happens if a SIL participant wants to leave the property?
The provider must have a documented transition plan that supports the participant to find alternative accommodation without undue pressure. Notice periods should align with state tenancy legislation, and the provider must not impose additional financial or logistical barriers. The exit process should be recorded in the property and tenancy template.
Does the strengthened 2026 NDIS framework change property and tenancy requirements?
The strengthened Practice Standards place greater emphasis on participant choice and control in living arrangements, and on providers being able to demonstrate — through written documentation — how they embed these rights in practice. Organisations registered under the new framework should ensure their templates explicitly address tenancy independence, conflict-of-interest management, and exit planning.
Keep reading
- How to write an NDIS code of conduct policy (2026 template + example)
- How to write an NDIS conflict of interest policy (2026 template + example)
- How to Write an NDIS Consent Policy (2026 Template + Example)
- How to write an NDIS continuity of supports plan (2026 template + example)
- How to write an NDIS governance framework (2026 template + example)
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