Redfern Legal Centre worked with other Community Legal Centres to argue against the bill and were successful in having some amendments made, but these did not go far enough.
For more information on the changes see the Tenants' Union of NSW Blog The Brown Couch.
The Tenants' Union has uncovered an anomaly that may lead to a great injustice.
Long term social housing tenancies have been caught by the new provisions even when there is no anti-social behaviour aspect.
The new Section 154G (1) will override Section 94 (4) ('Long term tenancies') of the 2010 Act, because of the effect of Section 137 of the Act.
It will require the Tribunal to reduce the period before a possession order is made from 'not less than 90 days' to 'no more than 28 days', unless there are 'exceptional circumstances justifying a later day'. At law, the words 'exceptional circumstances' have a very high bar.
What this means for long term tenants of social housing providers is:
- No reason has to be given when asked to leave,
- No notice of termination is served, and
- A possession order is to take effect in no more than 28 days, except for “exceptional circumstances”.
This change will adversely impact on not just tenants in public housing, but also community housing which also is caught by this provision. Now, instead of enhancing their rights, it drastically reduces those rights.
There is an urgency that Section 154G of the 2010 Act be amended to include a sub-section (3) that reads: (3) This section does not apply to Section 94.’
