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Inner Sydney Voice Publication
Inner Sydney Voice Publication

The key to housing justice - ending ‘no grounds’ evictions

Grounds evictions
March 1, 2024•6 Minutes

#145 Autumn

Moving house ranks among life’s most stressful experiences. The associated financial strain, physical exertion, social disruption, and emotional turmoil are severely compounded when households are forced into relocation. Every 18 minutes, this happens to renters — often retirees and families with school-age children — due to the current ‘no grounds’ eviction provisions in NSW tenancy laws. These provisions allow landlords to evict tenants at the end of a lease or during a lease for no reason whatsoever.

Amidst an escalating rental crisis, an increasing number of individuals and families are thrust into precarious and unsafe housing situations. The popular narrative is that this is a mere imbalance in supply and demand, remedied by building more houses. Conversations with members of the rental community and the welfare sector tell a different story; they offer a better, fairer, and more workable solution.

Frontline stakeholders repeatedly identify an end to ‘no grounds’ evictions as critical in curbing housing insecurity and homelessness. The Inner Sydney Tenants’ Advice and Advocacy Service (ISTAAS), part of Redfern Legal Centre, provides free legal advice and assistance to renters in the inner Sydney region. Preventing homelessness is the central aim of their daily work, and unsurprisingly, demand for their services has increased significantly over the last couple of years.

CEO Camilla Pandolfini told ISV: “Drawing on our experience assisting tenants, we have been advocating for reform and improvements to residential tenancy laws in NSW, including the importance of ending ‘no grounds’ evictions and the need for improvements to the current public housing repairs system.”

Last year, organisations, including ISV, were encouraged by the new Labor Government’s commitment to improving NSW renting laws, through the introduction of reasonable grounds provisions to replace existing ‘no grounds’ eviction sections in the Residential Tenancies Act 2010. It’s been a year since NSW Labor formed Government. Disappointingly, we haven’t seen actual progress (such as a Bill in Parliament) to end ‘no grounds’ evictions.

Speaking to ISV, NSW Rental Commissioner, Trina Jones reemphasised the critical need to end ‘no grounds’ evictions to “rebalance the rental market” and provide much-needed “certainty for both renters and landlords.” Certainty is a crucial feature of a fair housing system, and we are encouraged by the Commmissonier’s commitment to a consultation process that prioritises “people whose lives and livelihoods will be impacted.”

A “rebalance” is undoubtedly needed, but given the asymmetry of the current housing system, any proposed legislative package needs to prioritise the rights and welfare of renters to establish fairness.

We are at a critical juncture for housing justice, and it’s heartening to see a growing alliance rallying around meaningful solutions. As Tenants Union CEO Leo Patterson Ross emphasises, now is the time for individuals to voice their support and advocate for covering all renters under reasonable grounds protections: “Everyone deserves to know why they are losing their home and be protected from unfair evictions.”

The Tenants’ Union is encouraging renters and community supporters to visit its website and tell decision-makers to end unfair evictions for all renters now.

Quotes:

Trina Jones, Rental Commissioner: Ending ‘no grounds’ evictions is a significant reform for NSW, and the goal is to rebalance the rental market and increase certainty for renters and landlords

We had a record number of responses to the Have Your Say survey which sought views on a range of rental reform topics. I am continuing to consult widely on the details of implementing ‘no grounds’ evictions and regularly providing advice to Government to ensure we get this reform right in consultation with the people whose lives and livelihoods will be impacted.

I am working with renters, landlords and industry representatives to ensure that my recommendations are evidence-based and informed.

I look forward to the Government bringing this package to Parliament so we can improve renting in NSW.

Leo Patterson Ross, Tenants’ Union CEO: Everyone deserves to know why they are losing their home and be protected from unfair evictions. Our health, safety and dignity depend on it. Renters and their advocates have been calling governments for reform to eviction rules for many years — it has been unfinished business for almost 50 years and has undermined the experience of renting for even longer.

We’ve seen growing concern and support from the wider community as well as the welfare sector, who see first-hand the impacts on friends, families and communities. Reform for reasonable grounds was an election commitment for the current Government, but it’s not yet certain that it will apply to all renters.

There is now a broad coalition of people who recognise the harm untransparent and unfair evictions cause and are standing up to call attention. Now is a crucial time to join and tell decision-makers why you think it is so important to cover all renters with reasonable grounds on our website.

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Acknowledgment of Country ⸺

We acknowledge and pay our respects to the traditional owners of the lands across the areas we service, particularly the Gadigal people of the Eora Nation, traditional owners of the land on which our office is located.

We pay our respects to Elders past and present.

WARNING: Aboriginal and Torres Strait Islander people are warned that this website may contain images or names of deceased persons.

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