Where are we at with ending 'no grounds'?
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For many years now we've been seeking changes to give renters greater security. Renters in NSW currently live with chronic insecurity about their housing and eviction provisions allowing landlords to evict a tenant for no reason are particularly problematic. For our recent report, A Constant Worry, renters told us about the financial strain and emotional distress they experience when forced to move because of these ‘no grounds’ evictions.
We have told the NSW Government that no grounds needs to be addressed urgently. Every year in NSW 30,000 renting households are evicted without being provided with a reason. But it is not only those renters who are impacted – the threat of receiving a no grounds eviction is felt by all renters, at all times, and dampens our ability to assert even basic tenancy rights.
Recent news on the reform front – Jenny Leong, Housing Spokesperson for the NSW Greens last November introduced a bill to ban no grounds evictions. On the 16th May, after debate on the Parliament floor, the Bill was referred to a Select Committee for inquiry and report. The Select Committee consists of five members: Jenny Leong, Chair and crossbench member, three government members – Donna Davis, Clayton Barr, Trish Doyle, and Tim James as Committee member from the opposition.
The Select Committee will consider and report on the Bill, and seek public input, with particular reference to:
- The grounds for which an eviction is reasonable.
- The appropriateness of evidence requirements to support reasonable grounds or a penalty scheme for those who falsely claim a reasonable ground; and
- Any unintended consequences, including on housing affordability and availability, for renters and owners.
The Select Committee will also consider and report on a jurisdictional comparison of no grounds evictions policies. They must report back by 20 September 2024. It is unlikely we will see the NSW Government introduce their own rental reform bill addressing no grounds evictions until the Committee has tabled its report and recommendations.
As soon as we know more we will provide details on any opportunities to have a say or provide a submission through the Committee process.
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On 20 May the Tenants' Union, in partnership with Sydney Alliance and the Rental Commissioner of NSW, Trina Jones, and joined by organisers from Better Renting and Shelter NSW, facilitated our first Renters Forum in the Sydney CBD. It was a powerful event, full of participation, listening, sharing, and solutions from renters from various backgrounds and communities, a lot of us with very similar shared experiences. Renters' experiences, insights and visions are real expertise, and we thank Commissioner Trina Jones and other policy-makers for coming to listen. If you're a renter living in south-western or north-western Sydney and keen to participate in these events focused on how renting should be, you can register for one of the upcoming forums:
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People's Commission into the Housing Crisis
Australia’s first People’s Commission into the Housing Crisis also took place a couple of weeks ago. This platform, convened by the housing campaign Everybody’s Home heard from everyday people affected by housing insecurity. The Commission heard about renters coping with rising housing costs by avoiding trips to the doctor and other essential appointments, and reducing their heating or cooling. The Tenants’ Union has been a supporter of Everybody’s Home for 6 years, and our CEO Leo Patterson Ross attended the commission and called for decision-makers to honour renters' stories by listening and then moving to real action.
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Cost of Renting Survey 2024
If you can't make an in-person event, you can still speak up! Better Renting are running a huge national survey of renters to document the issues that have been affecting renters in the past year. The particular focus is on cost of living issues related to housing and energy costs. By completing this survey you can help elevate these issues and push for a policy response so that renters can have better homes...
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Everyone deserves a safe home
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It's time to end violence against women and children
As we rage and despair in the face of ongoing global violence, and mourn the 27 women killed so far this year in Australia; we take hope in the rallies across the continent to end gender-based violence, domestic and family violence. We welcome commitments from both the NSW Government and the Australian Government to increase funding for domestic violence prevention and support. However we note that housing is a key part of the solution, and a much larger funding commitment is needed for public and community housing. It is also disheartening that Community Legal Centres, Tenants Advice and Advocacy Services, and other frontline services continue to miss out on the funding increases we so desperately need.
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New DV resources for victim-survivors who are renters
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We have spent several months reviewing and completely re-writing our DV resources. Special thanks to Women's Legal Service NSW for invaluable expertise and assistance in this work. The resources have been overhauled for legal accuracy and usability; and are available in a refreshed online format and PDF. Please check them out, share them; as always, we welcome feedback:
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NCAT Aboriginal Tenancy List
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Paula-Rose Bassett is Aboriginal Paralegal at the Tenants' Union. Paula is a proud Wiradjuri and Wakka Wakka woman and a strong advocate for Aboriginal rights in the community sector. In a new piece on the Tenants' Union blog, Paul reports on the NCAT Aboriginal Tenancy List.
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In September 2023, the NSW Civil and Administrative Tribunal (NCAT) introduced a fortnightly Aboriginal Tenancy List in its Consumer and Commercial Division. The List is available for tenants and landlords who identify as Aboriginal and/or Torres Strait Islander. My recent visit was unique and inspiring – offering a glimpse into how our legal system could better accommodate cultural and socio-economic specific needs.
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I observed that the informal nature of the hearing room space catered to Aboriginal and Torres Strait Islander ways of being, accommodating extended family and children. Each session of the day began with an Acknowledgment of Country and Tribunal Members took the time to explain the hearing process. There were Tribunal conciliators available and during conciliations the parties were provided with time and support to address the grounds for the NCAT application. Parties had the opportunity to work towards positive and realistic outcomes. These outcomes included tenants sustaining their tenancies, establishing realistic payment plans, and getting orders for repairs.
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Mythbusting with Youth Law Australia
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Do you follow the Tenants' Union on Instagram? We've nearly hit 1,000 followers and we'd love you to help us get the grand milestone!
For Youth Week we teamed up with Youth Law Australia who produced a great series of short mythbuster reels on tenancy other legal issues.
Who decides if you get your bond back? Should you stop paying your rent if your landlord doesn't do repairs? Do you have to leave as soon as you get an eviction notice?
Chek out the mythbuster videos at @youthlawaustralia and follow us at @tenantsnsw
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At the Tenants' Union we are proud of the significant contribution we make to the policy and academic conversations on housing issues in Australia. We regularly produce independent research, original data analysis, policy submissions, and briefings – for both decision-makers and the wider public. We always seek to bring a critical independence, academic rigour, and much-needed renters' perspective to this work. Now you can find all our research, submissions, briefings, and media releases in a new reports hub that can be searched and filtered by subject-area and content type. There are currently over 130 items in the collection, spanning the past decade. Our main site search also now allows you to filter by subject-area and content type – such as reports, blog, news, factsheets, sample letters, etc.
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Help the Tenants' Union continue our work for tenants
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