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.”

“If Mr Rann is serious about ‘law and order’ he needs to tackle the lawlessness of these feral tenants and ensure the Housing Trust is brought within the ambit of current laws that apply to private landlords.”

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