Paper: Reforming marginal renting

 Policy paper: Reforming marginal renting [PDF]
 Policy paper: Reforming marginal renting [webpage]

Most renters in New South Wales are covered by residential tenancies legislation. Some renters, however, are not covered.

These ‘marginal renters’ come from different walks of life, and live in a wide variety of different forms of accommodation, including boarding houses, lodgements in private residences, share houses, and supported accommodation. What marginal renters have in common is that they are excluded from mainstream residential tenancies legislation, and they are often disadvantaged in other ways too.

Marginal rental accommodation is a small but important part of the housing system in New South Wales. Despite the important roles it plays, the marginal rental sector is in bad shape.

Legal relations between marginal renters and landlords are governed by unregulated common law contracts, with no fair mechanism for resolving disputes.

Existing measures to encourage the operation of boarding houses have not delivered satisfactory outcomes for investors or the community generally.

Renters in boarding houses are often socially isolated, and so are some landlords.

The accommodation and support provided to people with disability by licensed residential centres is generally unsatisfactory, and at its worst is abusive and exploitative.

Marginal renters deserve better. The marginal rental sector needs reform. In this paper, the TU draws on the experiences and positions of the leading organisations in the community sector to propose a comprehensive four-point plan for reforming marginal renting.

A four-point plan for reforming marginal renting:

1. Law reform to create ‘occupancy agreements’
2. Measures for more viable boarding houses
3. Services to promote social inclusion
4. Appropriate housing and support for people with disability