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MEDIA RELEASE
NICK XENOPHON M.L.C. INDEPENDENT
NO POKIES MEMBER OF THE LEGISLATIVE COUNCIL 26
January 2005
MOVE TO CLOSE LOOPHOLE TO MAKE HOUSING TRUST LIABLE FOR ROGUE TENANTS The
Housing Trust will, for the first time, face prosecution and civil liability –
just like private landlords – for difficult and disruptive tenants, under a
Bill to be introduced when State Parliament resumes in February. The
closing of the loophole is being proposed by Nick Xenophon who has been a long
term campaigner against rogue Trust tenants and the impact they have on their
neighbours. In
2002 Mr Xenophon moved for a Parliamentary Inquiry into the Housing Trust’s
practices in dealing with difficult and disruptive tenants.
The Statutory Authorities Review Committee handed down its findings in
November 2003, but it held back on recommending changes to Section 65 of the Residential
Tenancies Act which requires a landlord to provide for the ‘reasonable
peace, comfort or privacy’ of its tenants – a Section that specifically
excludes the Housing Trust. At
the time of handing down its findings the Committee stated: “The
Committee was also mindful that subjecting the Trust to Section 65 would open it
up to potentially expensive litigation. Although
the threat of such litigation would create an extreme impetus for the Trust to
ensure its management of difficult and disruptive tenancies was beyond reproach.
Nonetheless it would be extreme in the short term and the Committee is
assured that the Trust is making changes to its handling of difficult and
disruptive tenancies.” Mr
Xenophon said “despite
the findings of the Committee over 14 months ago after an exhaustive Inquiry and
some improvements in Trust policies and procedures there are still serious deep
seated problems with the way the Housing Trust manages the small minority of
rogue tenants that make life miserable and intolerable for so many others.” “Closing this loophole
will put a rocket under the Housing Trust to ensure that it does all that it
reasonably can to protect the overwhelming majority of decent tenants who
deserve to live in peace. Those
rogue tenants that ‘play the system’ need to know their days are numbered
– and reforming Section 65 is the best way to put the onus on the Housing
Trust to act decisively.” Mr
Xenophon was prompted to move for the changes as a result of “a
steady stream of complaints in recent months from residents whose lives are
being made miserable by difficult and disruptive tenants, and the apparent
inability of the Housing Trust to deal with them.”
Written and authorised by Nick Xenophon, 653 Lower North East Road, Paradise, SA 5075
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