JPs to hear minor civil disputes – good for tenants?

As the government extends the time for Justices of the Peace (JP) to sign up for a trial to hear minor civil dispute matter in the Queensland Civil and Administrative Tribunal, we’re still not sure whether this will be good for tenants. JPs will be able to hear matters worth up to $5,000.  That’s a lot of money for most tenants.  We hope the pilot’s evaluation will be robust.

The following is a press release from the Queensland Attorney General, Mr Jarrod Bleijie, issued last Friday.

JP pilot program application date extended

The Newman Government has given JPs more time to sign up for the recently announced Queensland Civil and Administrative Tribunal Justices of the Peace pilot program.

Attorney-General Jarrod Bleijie said JPs from Brisbane, Ipswich, Townsville and the Gold and Sunshine Coasts would now have until 5 December to apply to join the program.

“The pilot program will utilise the skills of JPs (Magistrates Court) to come up with common sense solutions to minor disputes of less than $5,000 in QCAT,” Mr Bleijie said.

“The trial will be used to assess whether the use of JPs in QCAT helps to reduce backlogs by freeing up magistrates and QCAT adjudicators to deal with more complex matters.

“To be eligible for the legal positions and preside over the panel, JPs must have been a lawyer with at least three years’ standing in Australia.

“Applicants for the non-legal positions must have held an appointment for at least five years.

“QCAT will provide training, assessment and evaluation of the applicants before they begin hearing matters.”

Mr Bleijie said the pilot program was part of the Newman Government’s review of the state’s JP system.

“JPs play a vital role in the community and the trial is a step towards enhancing that role and addressing the backlogs affecting magistrates courts in these regions,” he said.

“We have committed $3.5 million over the next four years to deliver this pilot program, outsource the delivery of JP training programs and refocus the JP Branch.

“Through this additional funding the Newman Government acknowledges the important volunteer role JPs perform in administering our laws and delivering justice services.”

The pilot program is expected to begin in April 2013.

The pilot QCAT program will be trialled in Brisbane, Maroochydore, Southport and Townsville and JPs can apply at www.qcat.qld.gov.au.

New Minister responds to tenant advice funding cut

Late last month new Housing Minister Tim Mander responded to the parliamentary e-petition regarding the funding cut to the Tenant Advice and Advocacy Program.  In what is the first public statement we’ve seen the new Minister make, he reiterates the claims of the previous Minister.  At least, however, he continues to express the value of the TAAS sector.

Below is what he had to say  (or read it from the website here).  (Read the e-petition here)
November 22
Mr Neil Laurie
The Clerk of the Parliament
Parliament House
George Street
Brisbane Qld 4000

 Dear Mr Laurie

Thank you for your letter of 1 November 2012 to former Minister Bruce Flegg MP regarding petition 1951-12 which raises concerns about the cessation of funding to the Tenant Advice and Advocacy Service (Queensland) (TAASQ). As you would be aware, I have recently been sworn in as the Minister for Housing and Public Works.

The Federal Government has recently announced that it will fund the continuation of the service until the end of June 2013. The Queensland Government has welcomed this decision as TAASQ is recognised as a valuable service. We would also welcome increased funding from the Federal Government to help provide more affordable housing.

The government’s decision to cease funding for TAASQ was one of a number of difficult decisions that has had to be made. Unfortunately, the former government left Queensland with a debt heading towards $100 billion by 2018-19, and a public housing system with no money to build houses.

With around 25 000 families on the Housing Register waiting for social housing assistance, the primary focus has to be on the core business of putting a roof over people’s heads. The money saved from TAASQ is being directed towards providing more houses for Queenslanders. The government is committed to addressing the public housing crisis.

I trust this information addresses your enquiry. If I can be of assistance with other matters within my portfolio, please do not hesitate to contact my office on telephone 07 3237 1832.

Yours sincerely
Tim Mander MP
Minister for Housing and Public Works

Tipping the scales in housing court

(from NYT) Maxwell Holyoke-Hirsch

There’s an interesting opinion piece in Thursday’s New York Times looking at the lack of legal representation for tenants in evictions proceedings.  In Queensland, we generally don’t allow lawyers in the tenancy tribunal but the principle of unrepresented tenants still applies.  If we don’t win the longer term campaign to get tenant advice services refunded we might see the emergence of some of the poor practices referred to in this piece.

Read the New York Times piece, Tipping the Scales in Housing Court here.

 

Australian tenancy laws – relatively weak

Earlier this month, Mr Magnus Hammar, Secretary General at the International Union of Tenants  (based in Sweden) spoke at the National Housing Conference in Brisbane.

In one of his talks he looks at the rental situation in Australia and Europe and highlights the relatively weak tenancy protections offered in Australian jurisdictions.

To see an overview of Mr Hammar’s presentation click here.

What’s fair notice?

Do you know how much notice tenants are generally required to be given when the lessor/agent or a contractor want to enter to carry out repairs or maintenance or to show the property to a prospective purchaser or tenant?

How much notice do you think is fair?  Let us know by making a comment here or you can write and tell the Residential Tenancies Authority during their review of the Act.  We’ll post again soon and let you know the current situation, in case you’re not sure.

Read the RTA’s Discussion Paper by clicking here.

POST SCRIPT         What the law says is that for entries to show prospective purchasers or tenants or to carry out repairs or maintenance tenants must be provided with 24 hours notice in writing on a Form 9 Entry Notice (unless the tenant otherwise agrees). This is a very short timeframe made worse by the following. Because the time is epressed in hours not days or weeks, the RTA says that if the notice is hand delivered the time starts counting immediately. That means, if an agent or owner hand delivers an entry notice to your letterbox after you’ve picked up your mail on that day, you might not see it until a short time before the etnry is due. That seems unreasonable to us. In these circumstances 48 hours might be more reasonable.

Tenancy law review Q#2 – Bonds

In early November, the Residential Tenancies Authority announced a ‘targeted’ review of Queensland tenancy laws and released a public Discussion Paper to which responses are due by January 2.

As we noted soon after, we’re going to ask your views about  some of the topics in the Discussion paper.  This is our second question and it’s about bonds.

Do you think the maximum amount of bond should be increased?

The RTA’s Discussion paper canvasses the option of increasing the maximum amount of bond allowed to be taken from tenants in general tenancies (units, apartments, houses etc).  Currently the maximum bond is the equivalent of four weeks’ worth of rent.(unless the property rent is more than $700 per week and then it’s unlimited). The paper proposes allowing an additional week’s rent to be charged when the property has a pool, is fully furnished or if the tenant has pets.

What do you think?  Do you think that in some situations, agents or lessors should be able to charge an additional bond?  Or do you think that bonds are already enough to provide some financial protection? Do you think a ‘pet bond’ would help tenants in allowing them to have pets or have no effect?

To read the entire Discussion Paper, go to this link then click on ‘Discussion Paper’. Or read this section on page 7 & 8.

The value of tenant advice service (in New South Wales)

It’s not only Queensland which has a network of tenant advice services.  The Tenants’ Union of New South Wales recently posted an article on theiir blog site, The Brown Couch, about the value of tenant advice services in their state.

TUNSW cost the price of their services at around 3 cents per day per renting household.  The costings are quite simla here in Queensland.  Read the New South Wales article by clicking here.

What do you think about tenancy law changes?

Last week, the Residential Tenancies Authority announced a ‘targeted’ review of Queensland tenancy laws and released a public Discussion Paper to which responses are due by January 2.

Over the next couple of weeks, we’re going to ask your views about  some of the topics in the Discussion paper.  Our first question is about times for entry by the agent and or the lessor.

Currently, if an entry to a tenant’s property is to be made only by the lessor and/or the lessor’s agent and no third person (for example for a general inspection), a commencement time for the entry of up to two hours may be given.  The Discussion Paper canvasses extending this commencement time period to three hours.

What do you think?  Many tenants want to be on site when entries are made.  Is it reasonable for the start time for entries to allow a three hour window?

To read the entire Discussion Paper, go to this link then click on ‘Discussion Paper’..

WA tenancy network critiques 3 strikes policy

As the Queensland Housing Minister looks increasingly like introducing tougher ‘anti-social’ behaviour restrictions, we look at a critique of these laws from Western Australia where the Minister says he is basing his policy.

For the record, in Queensland tenants – public or private – can already be taken to the Tribunal by the lessor seeking a termination of the agreement on the basis of objectional behaviour.  In deciding whether to terminate the agreement, the tenancy tribunal would consider what evidence was available.

Why should this quite vulnerable group of public housing tenants have additional expectations and requirements placed on them?

To read the Western Australia tenancy network critique, click here.

First day without State funds, thanks Commonwealth

Today was the first day tenant advice services didn’t get state funding.  That state funding is mainly from tenant bond interest but 31 October was the date of funding withdrawal.

The emergency Commonwealth money is on it’s way.  23 tenant advice services whose funding was cut by the state received funding contracts for the Commonwealth money late on Tuesday.  Services which were quick to turn around the signing of the contracts will have money very soon.

The most bizarre thing is that because  the Commonwealth decided to get the State to administer their emergency funds,the same bureaucrats are winding up the previous contracts and sending out the new ones.

R.I.P tenant bond interest for tenant advisory services in Qld

Today is the last day that tenant bond interest will be provided by the Queensland government for tenant advice services in this state.  Three months’ notice of program discontinuation provided to the 23 services funded under the Tenant Advice and Advocacy Program ends today.  Tomorrow, tenant bond interest that would have been applied fo tenant advice services will apparently be diverted to social housing programs.

Good bye our dear friend.  Let’s hope we are reunited sooner rather than later.

Thanks to the Commonwealth government’s emergency funding tenant advice services will remain open until at least the end of June.  We now have a new battle ahead to regain the small proportion of tenant bond interest usually applied to our valuable tenant advice services  beyond that date.

State housing minister opens Private Rental Market forum

There were many tenant advocates at today’s Private Rental Market Forum run by the Tenants’ Union of Queensland (good work TUQ!!).  The State Housing Minister, Bruce Flegg, opened the event and was very conciliatory but failed to give any commitment to funding for tenant advice services next year. We’re sure the advocates and the Save Tenant Services mob will continue to raise the issue.

Last days of state funding for tenant advice services

October 30 – it’s the second last day of state government funding for tenant advice services in the Queensland. Withdrawal of funding (even though it comes mainly from tenant bond interest) occurs as of November 1. Thank goodness the Commonwealth government, through Housing Minister Brendan O’Connor, stepped in with emergency funding taking services for tenants through until June 30, 2013.

Next stage of the campaign – we need your ideas

We know that we’ve been a little quiet lately but the focus has been around the funding

Dear minister letter image
 

arrangements following on from the Commonwealth announcement of emergency funding until June 2013.  Whilst the Commonwealth funding is a welcome relief, there is still a long way to go to regain funding beyond June next year.

Focus on this next step will start soon and we’re asking for your ideas.  What do you think we need to do, what should the next stage of the campaign focus on and how can we work together to regain long term funding for tenant advisory services in Queensland?