At a time when the number of homeless people continues to increase, preventing unreasonable evictions will provide some security to renters already under considerable housing stress.
By Keely McDonough -
The Law Society of NSW is calling for reform of rental laws to address the homelessness crisis across the state, pushing for a commitment from the next Government to end “no grounds” evictions from residential properties ahead of tomorrow’s NSW State Election.
In their 2023 NSW Election Platform, the organisation highlighted the link between the lack of security in the private rental market and homelessness, and the further strain it puts on vulnerable groups including the elderly, people living with a disability and Indigenous communities.
President of the Law Society of NSW Cassandra Banks said there are “good reasons” to review the existing right of a landlord to end a lease at any time for no reason with 90 days’ notice and 30 days’ notice at the end of a lease, to prevent evictions on unreasonable grounds.
“At a time when the number of homeless people continues to increase, preventing unreasonable evictions will provide some security to renters already under considerable housing stress,” Banks said.
“These groups include older people, those living with a disability, Aboriginal and Torres Strait Islander people and people experiencing family or domestic violence.”
The Platform also states that consideration should be given to reform the Residential Tenancies Act 2010 to prevent evictions on unreasonable grounds.
Banks said more funding should be given to specialist legal services that focus on financial hardship and homelessness so they can continue assisting clients in maintaining tenancies.
“The option to downsize or move isn’t available to people who already find it difficult to pay rent every month, especially in a tight market like Sydney and larger regional centres,” she said.
“Those providing free or low-cost legal assistance so clients can maintain tenancies and avoid homelessness, need to be able to continue their crucial work.
“While the Law Society commends the parties competing for government in Saturday’s election for committing to prevent unreasonable evictions, those struggling most to house themselves and their families need the reassurance that they can find legal help when they need it most.”
Law Society of NSW President Cassandra Banks
In early March, the NSW Liberal and Nationals party proposed a “reasonable grounds” model for evictions for periodic leases, including extending notice periods for end of fixed-term leases from 30 to 45 days to allow renters more time to find a home.
Other proposed measures include introducing a new, optional standard lease agreement with three- and five-year terms; introducing a rental bond rollover scheme, and regulating information collected and stored from tenants and applicants.
NSW Attorney General Mark Speakman said the Coalition had increased social housing in NSW by nine per cent, which is more than double the national figure of four per cent.
“[We are] investing $1.2 billion to tackle housing and homelessness through assertive homelessness outreach, early intervention and social and affordable housing across the state to reach the Premier’s Priority target to reduce street sleeping across NSW by 50 per cent by 2025. The latest advice is that we are on track to achieve that,” Speakman said.
If elected, NSW Labor will establish a Rental Commissioner, end secret rent bidding, stop evictions unless they are on reasonable grounds and implement a portable bonds scheme.
“Labor is also introducing a mandatory requirement for 30 per cent of all homes built on surplus government land to be set aside for social, affordable and universal housing,” Shadow Attorney General Michael Daley said.
