Existing residential statements

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Any residential statement under the Disability Act 2006, will remain in place until 31 December 2019.  After this time, it will become void. The rules and protections for specialist disability accommodation (SDA) under this Act will no longer apply from 1 January 2020. You must enter into or establish an SDA residency agreement or a Residential tenancy agreement with your resident before 1 January 2020.

If the resident remains in an SDA without an SDA residency agreement or a Residential tenancy agreement, they will be a ‘tenant at will’ – which means they are not subject to any lease or contract and will not be protected under any written law.

The National Disability Insurance Agency (NDIA) requires you to have a written agreement with an SDA resident. If you do not have one by 1 January 2020, you will be breaching this requirement and may not be eligible to receive SDA payments for that resident.