July 10, 2012
The Tenants’ Union of Tasmania is taking court action against Housing Tasmania, claiming the department is evicting people unfairly.
The union says five public housing tenants have been evicted, or are about to be evicted from their properties, without formal reasons or an opportunity to appeal against the decision. It has approached Housing Tasmania and the Community Services Minister, Cassy O’Connor, to resolve the issue.
The union’s solicitor Ben Bartl has lodged an application with the Supreme Court to stop the evictions, alleging the tenants have been denied natural justice.
“They’re a government decision maker and government decision makers are bound by the rules of natural justice; that is, when Housing Tasmania make a decision that goes against somebody they need to provide that person with the reasons for that decision and provide them with the right of review,” he said.
“Housing Tasmania provide a safety net to people who are not able to compete in the private housing market and therefore they need to go over and beyond what normal landlords do. That is they need to provide tenants who they want to evict with both reasons for the decision and a right of review.”
Housing Tasmania has defended its processes and says it is entitled not to renew leases.
Operations Manager Lynden Pennicott says non-renewal of lease or eviction is always an action of last resort after persistent lease breaches. He says public housing tenants are able to seek reviews within Housing Tasmania, or by the Ombudsman, as well as taking their case to the Magistrates Court.
The Premier, Lara Giddings, says Housing Tasmania has to have policies in place to make sure its properties are maintained and tenants pay their rent.
“I’m not aware of the five people that are involved in this particular case at all to understand their individual circumstances,” she said.
“But it is very difficult, I understand, and policies have to be set, and certainly there are avenues in which those policies can be tested.”
Source: ABC News
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