Experts warn more renters are at risk of no grounds evictions in the escalating rental crisis unless the law is reformed with urgency.
Eastern suburbs firefighter and single mum of four has been evicted just a day after she expressed concerns of an excessive rental hike.Janie Barrett
Kristina was shocked to receive her eviction notice a day after where she raised her concerns about the excessive rental increase. Tenants face a high bar to fight an eviction or an excessive rental increase in NSW.
“It’s a low blow. I was absolutely gobsmacked to get the email,” said Gram,who will have to leave just days before Christmas.
“My reasoning for talking about it was about raising awareness. It’s not just me. It’s a lot of parents,single parents with kids in the same situation. It puts people off from speaking up.”
The 45-year-old firefighter,and single mother of four,said she would have welcomed an explanation at the very least.
“An explanation would be nice. It makes it harder to swallow,without any explanation I can only assume it’s retribution.”
The agent representing the landlord said while they had not read the initial story about Kristina raising her concerns,the landlord’s family is navigating personal health challenges affecting both members that have significantly influenced their decisions,and added the rent offer was below market price.
Gram had been paying $800 a week and was notified her rent would jump to $1100. She counter-offered $975,but the agent came back asking for $1200 a week. Gram then agreed to $1100,and considered taking extra shifts or getting a second job.
She is not alone as a renter is evicted every 18 minutes in NSW,according to a Fair Trading end of tenancy survey. While the,it is unclear when the law will be introduced into parliament.
Gram said she was “gobsmacked” to receive the notice.Janie Barrett
Tenants Union of NSW chief executive Leo Patterson Ross said no grounds evictions have a chilling effect on the relationship between tenants and their landlords.
“They’re worried about the consequences,” Patterson Ross said. “It’s too easy to be evicted and too hard to find a new place,so people try to stay undercover,unnoticed,so they try to minimise the notice. That’s where no grounds affect that relationship.”
Without requiring a landlord to provide a reason from a list of reasonable grounds for evictions,there is no easy and transparent way to protect tenants from unscrupulous landlords’ behaviour,he said.
“At the moment a landlord moving back in or a landlord looking to avoid a repair serve the same no-grounds notice. The reform is about providing transparency around giving that notice,” Patterson Ross said.
The only avenue of recourse from a retaliatory eviction is for a tenant to lodge a complaint through the NSW Civil and Administrative Tribunal which even then can exercise discretion to uphold the eviction notice.
“It’s a discretion that you have to convince the tribunal to exercise which is very hard to achieve and is very narrow. It’s all on the tenant to prove it.”
He said renters,especially those who are most vulnerable,often are not in the position to engage in hard-to-win legal disputes when they are looking for the next home to live in.
“This is not what we put people through to access energy,water and healthcare. We put these systems in place to protect those who are vulnerable to pressure,so they don’t have to carry this load to get the basics of a decent life.”
NSW Rental Commissioner Trina Jones said she supported improving rental laws and would make recommendations on proposed changes to the state government after further consultation.
“I strongly oppose unfair evictions and for this reason,my priority is on getting this element of the package right,” Jones said.
“Renters tell me about the stress they are under,and we are working hard to ensure there are protections in place.”
Patterson Ross stressed the need to ban no grounds evictions from fixed and rolling leases to prevent landlords from exploiting loopholes in the reforms like in Queensland.
Real Estate Institute of NSW chief executive Tim McKibbin said he believed there were enough protections in place in the current legislation.
He said there were many reasons why landlords want to recover possession of their property,such as divorces and health reasons,and it was inappropriate if they had to provide evidence to support that.
He said he was concerned that reforming no grounds evictions would result in landlords investing their money elsewhere.
“That first and foremost these people have chosen to buy a residential property and what investors always want is the maximum return on their investment,” McKibbin said.