NSW Government is listening, but action is needed urgently
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Tenants' Union staff with sector colleagues after attending the Parliamentary Inquiry on the Rental Fairness Bill 2023.
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Rent bidding reforms postponed
The Tenants' Union and other housing advocates welcomed the NSW government's announcement that the soon-to-be-appointed Rental Commissioner will consider the best approach to end secret rent bidding. The Government's announcement demonstrated that they are actively listening and engaging with the concerns of renters and other stakeholders. For several weeks before the announcement we had expressed our concerns that the planned reforms to 'end rent bidding' would actually introduce rent auctions, including at hearings for the Legislative Assembly Committee's current Inquiry reviewing the Residential Tenancies Amendment (Rental Fairness) Bill 2023 – the Committee's Report is now available. See also: NSW rent reform delayed, referred to inquiry due to rent bidding concerns (news.com.au)
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Housing crisis continues to deepen
Almost every day we receive calls from journalists asking us to talk about the rental crisis and its impact on people’s lives. They ask, “How bad is it? Is this the worst you’ve seen?” On our blog we explore the data to show that right now the rental housing crisis is especially severe – In case of emergency break glass: rental reforms needed urgently.
When we congratulated the incoming NSW Labor Government on their election victory back in March, we noted that cost of living and housing affordability pressures were decisive issues for the electorate. Since then the evidence of the crisis just keeps piling up:
In order to address this crisis, we stand ready to work with the NSW Government on the implementation of the key renting reforms promised:
- End no-grounds evictions (during both periodic and at end of fixed-term)
- Establish a Rental Commissioner as an 'advocate and voice' for renters
- Make tenancy laws more pet friendly
- Introduce portable bonds
- Undertake a review of the Tribunal
- Ensure renters’ data and personal information is stored securely
- Increase social and affordable housing
- $1 million additional funding for Tenants Advice and Advocacy Services
We are also hopeful about the NSW Government’s commitment to increase public and community housing – including announcements about commissioning social and affordable housing on government surplus land, and about freezing the sale of social housing.
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Federal solutions also needed
Last month's Federal Budget held out some hope in the form of increases in JobSeeker and Commonwealth Rent Assistance. However these small increases will be rapidly subsumed by rising rents and other increases in the cost of living. The budget also missed an opportunity to make the real commitments we need to expand public and community housing. Renters and the wider community are calling out for progress to be made on the Housing Australia Future Fund, and for a serious discussion about rent regulation:
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Renting and transphobia
NSW renting laws that need to change to support trans renters
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Sydney recently hosted World Pride – a global celebration of the Lesbian, Gay, Bisexual, Trans, Queer, Intersex, Asexual (and more) community. But unfortunately, at the same time the LGBTQIA+ community, and transgender people in particular, have been experiencing escalating levels of discrimination and outright violence, both here in Australia and overseas.
Discrimination pervades many areas of trans people’s lives, including in relation to housing. All people need and deserve a safe, secure, affordable place to call home, but all too often trans people have significant barriers placed in their way which prevent that from being a reality.
Riley Brooke (Tenants' Union Policy and Campaigns Officer) unpacks the issues faced by trans renters, in a new piece on our blog. Riley also explores solutions that will benefit all renters, and trans renters in particular – such as addressing discrimination, regulating rents, and ending no grounds evictions.
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Stronger data privacy protections required
In the context of the housing crisis and highly competitive rental market, landlords and their agents are asking for more personal information than ever before during the application process. Renters don’t feel like they can say no to these requests for information during the application process, even if they don't feel comfortable about the agent or landlord having this information. There are also no clear and consistent protections in place to ensure the information is being safely stored.
Earlier this year, we ran a survey on privacy and renting asking renters to share with us what kinds of information had been requested or provided by them when applying for a rental property. Renters told us about requests for proof of identity; capacity to pay; history as a tenant; and general character.
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Some results from the survey:
- 92% of renters in our survey felt pressured into sharing information they felt uncomfortable about the agent/landlord having
- 10% had been asked to provide details of their social media profiles
- 41% of renters reported they have refused to share personal information requested when applying for a property and feel they have missed out on properties as a result
- 40% have been asked whether they have gone to Tribunal
- 7% have been asked for or have provided medical records when applying for a rental property
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A recent article from CHOICE agrees that RentTech platforms "collect information that goes well beyond what's needed to assess a tenant's ability to pay the rent." In good news, governments are discussing updating privacy laws, however, disappointingly, real estate agents are pushing back against changes designed to protect personal data (Guardian). See also: ‘Wild west’: Australia’s would-be tenants asked about tattoos and social media as calls grow for regulation (Guardian).
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Share your story – it's powerful.
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The Make Renting Fair campaign has recently published several new renter stories. These convey the human side of the renting crisis:
- "It’s very stressful. Every day we find ourselves discussing the budget, how we can manage to stay in the area. A lot of people are struggling right now but they’re not speaking – I want to speak on behalf of everyone in this situation." Maryam's story
- "The landlord told me he was selling. He lied." Sabine's story
- "There need to be consequences for agents and landlords who are deliberately misleading or dishonest to their tenants." Lauren's story
- "The problem with the renting system is the power imbalance between landlords and tenants." Dylan's story
Can you share your story? We might use your story in social media, connect you with a journalist, or share it anonymously in a submission. You can let us know which suits you best. Share your story with the Tenants' Union.
The Everybody's Home campaign is running a community survey to better understand the housing crisis. Whatever your situation, you can help by sharing your story. Whether you’re without a stable home, on the cusp of eviction, struggling to find a decent rental, or wondering if you or your children will ever be able to afford a home at all – we are all impacted by this crisis and Everybody's Home wants to hear from you!
The NSW Council Of Social Services (NCOSS) is also running a short survey as part of their Cost of Living project. The project aims to get a better understanding of the impact of cost-of-living changes on low-income households in NSW – including those living below the poverty line.
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During Reconciliation Week, the Tenants' Union was also pleased to participate in an event organised with Community Legal Centres NSW about the Voice to Parliament. We heard from Barang Regional Alliance about voting Yes to the Voice, and joined an open yarn on the Voice.
In 2017 the Tenants’ Union committed to supporting the reforms called for in the Uluru Statement from the Heart. We were inspired by the powerful Makaratta campaign. We aim to actively support Aboriginal people in their struggle for Treaty, Voice and Truth.
As a first step in this process, we support the establishment of a First Nations Voice, in a form determined by Aboriginal and Torres Strait Islander Peoples and enshrined in the Constitution. We support the proposed Constitutional amendment to establish a Voice to Parliament that will be put to Australian voters at referendum.
We do not see the Voice to Parliament as an end in itself. Rather we expect from the government, and commit ourselves to, ongoing action for justice for Aboriginal people. At a minimum, we call for implementation of the full recommendations from the Uluru Statement, the Royal Commission into Aboriginal Deaths in Custody, and the Bringing Them Home Report. We will continue to support work towards Treaty, Land Rights, and Justice.
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During Reconciliation Week, we were also pleased to publish a paper on Aboriginal Housing and Housing Activism in NSW. This report seeks to make a contribution to documenting the important history of Aboriginal housing activism from the dispossession of land and housing at the beginning of colonisation to the unfinished business in 2023 of securing appropriate, affordable housing that is aligned with the priorities and needs of Aboriginal people.
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Through a housing activism lens the report looks at early Aboriginal petitioners for land, the operation of reserves and mission and the Cumeragunja ‘Walk-off’, the era of protectionism and the policy and practice of assimilation, the establishment of Land Councils and the battles for land rights, the schemes to provide public housing for Aboriginal people through to the emergence of Aboriginal tenant advice services. The report highlights the on-going resistance and resilience of Aboriginal people. Deep thanks to the Aboriginal advocates, renters, organisations and allies who contributed to this piece and have worked long and hard for justice in this area – and continue to do so.
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New podcast episode: Bond
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The Tenants' Union recently released the 4th episode of our podcast Renting Bytes. In this episode we chat about Bond with Grace Crowley-Shaw, Tenant Advocate at the Eastern Area Tenants' Service. Grace explains the purpose of bond, gives us some tips on getting your bond back and what you can do if the landlord makes a claim against your bond.
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Webinar: Renting and the Law
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The Tenants' Union was pleased to participate in NSW Law Week 2023 – a program of events aimed at helping the community understand legal rights, the law, and the legal system.
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Lehana De Silva, one of the Tenants' Union solicitors, presented alongside others on renting and the law. Lehana discusses rent increases, no grounds evictions, repairs, mould, payment of rent, and bonds.
The webinar is freely available to watch here.
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In NSW, the Tenants' Union is the main resourcing body for the network of Tenants Advice and Advocacy Services (TAASs). There are 15 generalist TAASs, 4 specialist Aboriginal TAASs, and a specialist resourcing body for the Aboriginal TAASs. Each is run by a local non-government organisation. At the TAASs, skilled Tenant Advocates provide expert advice and advocacy to renters. The TAAS network responds to approximately 30,000 requests annually for tenancy advice and provides ongoing assistance to approximately 10,000 tenants annually. You can find your local TAAS using our postcode search or our new interactive maps at tenants.org.au/get-advice
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Help the Tenants' Union continue our work for tenants...
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