Save Tenant Services wishes our supporters, your family and friends a very happy and safe holiday season. And we hope you get a break from all the challenges of life and find someone to share a laugh with.
Thank you so much for your support – without it, our services would no longer exist. And thanks to you, tenancy advice is available for Queensland tenants every day throughout the holidays except for the weekends and public holidays.
The following press release was issued today by the Tenants’ Union of Queensland. You can view it directly on their website by clicking here.
In another blow, Queensland tenants may be left without a representative voice in the current review of tenancy law.
The Tenants’ Union of Queensland (TUQ) has been making representations to the Queensland government for specific funding to ensure tenants’ interests are represented as the current review of tenancy law progresses through next year. However, no response has been received, and the TUQ now fears there will be no independent, specialist tenant voice in these debates.
The TUQ’s recurrent funding for policy and law reform work finishes at the end of this month, after the Queensland government’s announcement last October to withdraw funding. Given the review of tenancy laws, the TUQ has pursued specific funding to ensure the interests of tenants are represented.
‘Our organisation has been advising tenants and representing their interests in policy and law reform debates since 1986. With no specialist voice at the table where reforms are being debated, the risk of unbalanced outcomes is heightened, with tenants being the big losers’, TUQ spokesperson, Ms Penny Carr said.
The Property Owners Association, the Real Estate Institute and housing policy advocates will now be left to debate tenancy law review outcomes without adequate specialist representation for tenants. Continue reading
The Office of Fair Trading (OFT) has fined a Brisbane property agent and his company $70,000 for, in part, not paying rental bond and rent to those entitled to it. Read the full OFT media release here.
The story below was reported by ABC online on Tuesday December 11. It outlines concerns over the WA government’s ‘three strikes and you’re out’ policy for public housing tenants, something that was being considered her by ex-Housing Minister Flegg.
The Housing Minister Terry Redman has rejected criticism that the State Government’s three strikes housing policy is adversely impacting on children.
The Equal Opportunity Commissioner Yvonne Henderson wants the policy reconsidered because she say it results in a high number of Aboriginal families being evicted from public housing.
She says while traditionally most complaints to the commission have been about discrimination in the workplace, the biggest increase in complaints concerns accommodation.
Ms Henderson says there has been a 65 percent increase in those complaints. Continue reading
This holiday season Queensland tenants will have access to independent tenancy advice services. Against all odds! That’s because, as you probably know, on July 24 the Queensland government faxed all 23 services funded through the Tenant Advice and Advocacy Service (TAAS) Program to inform then of the Program’s discontinuation
Communities, tenants and services rallied across the State voicing concern for the loss of these valuable services. People were outraged that the small amount of tenant bond interest (around 10%) was being withdrawn from the only independent, tenant-focused services available. Most people thought is unfair that given tenant bond interest is used to wholly fund the Residential Tenancies Authority (Click here for a visual representation of the funding for 2010-11), whose services are provided free of charge to lessors and real estate agents as well as tenants that the relatively small percentage of bond interest provided for tenant specific services was withdrawn. Continue reading
The ABC website reported this story last Wednesday, December 5. Unfortunately the Tenants’ Union of Tasmania were not successful in trying to save the tenancies fo a number of public housing tenants. Even though they weren’t successful at least there is an organisation standing up for tenants rights. Where would the community be without tenant advocates?
The Tenants Union is considering its legal options after losing a Supreme Court case in Hobart to stop the eviction of public housing tenants.
The union took legal action against Housing Tasmania after five tenants were evicted.
It argued the tenants were denied natural justice because they were served eviction notices without reasons or opportunity to appeal.
One of the cases, involving a single mother, was tested in the Supreme Court.
Justice Alan Blow found Housing Tasmania was within its rights to evict the woman because her lease had expired and was not terminated.
The judge said that meant she had no right of appeal.
The union’s Ben Bartl, says the decision is disappointing.
“It sends an appalling message to all Housing Tasmania tenants; it says that the government can simply tell tenants that their lease is not going to be extended,” he said.
“In our view the judge has made a decision that is overly legal.”
He says it sends a bad message to other public housing tenants.
See the report on line here.
Reported in today’s Courier Mail by Robyn Ironside
FORMER Public Works and Housing Minister Bruce Flegg has launched legal action against his sacked media advisor Graeme Hallett for defamation, and for costing him his ministerial income.
In a lawsuit lodged in the Brisbane Supreme Court this week, Dr Flegg lays the blame for losing his job squarely on Mr Hallett.
He is believed to be seeking up to a million dollars in special damages for the income he will forgo after quitting the ministry and returning to the backbench.
Dr Flegg also accuses Mr Hallett of defamation as a result of a press conference he called the day after he was sacked by his boss, who said he was untrustworthy.
At the press conference, attended by all major media organisations, Mr Hallett accused Dr Flegg of being unfit to hold office.
He released documents from Dr Flegg’s lobbyist son Jonathon showing he had regular contact with his father’s office despite previously claiming he had been banned from lobbying the minister.
Mr Hallett also revealed diary entries showing Dr Flegg was working in his electorate office were untrue, with the Minister instead working at a Burpengary medical centre as a GP.
Although Dr Flegg and Premier Campbell Newman initially dismissed Mr Hallett’s statements as a “fizzer” the Minister resigned before Parliament sat the following day.
Mr Hallett has raised the possibility of taking action for wrongful dismissal.
Blue ribbon law firm Cooper Grace Ward is representing Dr Flegg in his action.
No date has been set to hear his case.
There is a considerable difference between a backbencher’s and a minister’s salary, equivalent to about $60,000 a year,
We just want to warn you not to get too excited when you read this – this is not Australia (although we wish it was!), it’s Canada. This is from a forum called Tenants Help Tenants in Ontario.
2013 Rent Increase Guideline (June 22, 2012 8:30 am)
Ministry of Municipal Affairs and Housing
Rent increases for the one million tenant households in Ontario cannot exceed 2.5 per cent over the next year, unless a landlord makes a successful application to the Landlord Tenant Board. Continue reading
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.
On Thursday the Courier Mail reported that ex Housing Minister Flegg will not get referred to the Ethics Committee because there is not enough evidence that he knew that the lobbyist register was incorrect. Read the article here.
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
(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.
Given the recent de-funding of the tenant advice services and the current review of tenancy laws, maybe we should recommend the law requires the Minister to provide a percentage of tenant bond interest to independent tenant advisory services for tenants!! This would protect tenants access to tailored advise services in perpetuity.
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.
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.
