Tasmania government challenges court ruling on public housing allocation after social housing resident wins increased tenancy rights

ABC NEWS (Australia)

Tasmania’s state government is challenging a court ruling that could impact its ability to allocate public housing. The ruling followed a social housing resident’s win in court, which resulted in thousands of people gaining increased tenancy rights.

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00:00Home means a lot to Lorraine Jordan.

00:05My homes have always been my safe places and sanctuaries, you know, I've always tried

00:09to create a nice home so that I feel good and I feel safe.

00:15She lived in a three bedroom social housing property with her son in Launceston for seven

00:20years.

00:21He was the original tenant and Lorraine was an approved occupant.

00:26But when he moved out, Lorraine was issued with a trespass notice by the provider, Community

00:31Housing Limited.

00:33When she left the house to get legal advice, the locks were changed.

00:37I didn't have anything, I didn't have another set of clothes, nothing, didn't have anything.

00:43Her cat was locked inside too, and being a Friday, she had to wait until Monday to take

00:49the matter to court, so she lived in her car over the weekend.

00:53When I finally got in, the cat was very jittery and he wasn't like that before.

00:59Lorraine ultimately won in the Supreme Court in a case that centred on the definition of

01:03tenant.

01:05Her lawyers argued that CHL had been receiving $180 a fortnight more in rent, but Lorraine

01:11hadn't received full tenancy rights.

01:14They said of CHL, you can't have your cake and eat it too.

01:18CHL argued that it only had an agreement with Lorraine's son, and so the benefit is provided

01:24by him.

01:25But Acting Justice Shane Marshall found that Lorraine was in fact a full tenant, because

01:30the rent was adjusted to reflect her occupancy.

01:34Lorraine is now able to stay in her home, but the court decision has much wider effects.

01:39It could grant greater rights to 4,300 people who are living as approved occupants in social

01:46housing properties across Tasmania.

01:49It's a significant decision because it means that none of them can be evicted at the whim

01:54of a community housing provider.

01:57Instead they must be given a notice to vacate, which requires a justification and appeal rights.

02:03They do need to be afforded procedural fairness if their income is being taken into account

02:10in assessing the rent.

02:12The Tasmanian government has now appealed the decision, arguing it could affect Homes

02:17Tasmania's ability to allocate dwellings in a fair way through the Tasmanian Housing Register.

02:23CHL has guaranteed that Lorraine can stay in the home, but she's worried about others.

02:29How can someone be kicked out of a home over a meaning of a word?

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