Community organisations call for marginal renters protection

Media release

14 March 2010

Community organisations today called on all political parties in NSW to better protect marginal renters – those who are not covered by residential tenancies law or cannot find a place in the mainstream rental market.

Marginal renters are often some of the most vulnerable people in our community.

A new four-point plan released today by the Tenants’ Union of NSW, and supported by a range of community organisations, shows that a mix of better regulation and targeted investment could improve the situation of marginal renters in NSW.

1. Legislate for occupancy agreements: ‘Legal relations between marginal renters and landlords are largely ungoverned and there is no fair mechanism for resolving disputes. The NSW Government can fix this by legislating for occupancy agreements, as has happened successfully in the Australian Capital Territory,’ said Chris Martin, Senior Policy Officer of the Tenants’ Union.

2. Enforce regulation of boarding houses and boost incentives for good-quality providers: ‘Unsanitary and dangerous conditions are a fact of life in some boarding houses. Sensible and enforceable regulation is needed along with assistance to raise standards, including a $15-million boost over five years to the Boarding House Financial Assistance Program.’

3. Expand social inclusion programs for boarding house residents: ‘Many boarding house residents are socially isolated and excluded from economic opportunities. Building on successful local initiatives, there should be a state-wide program to connect residents to local health, welfare and employment services.’

4. Strengthen policing of for-profit operators of boarding houses for people with disability: ‘There is no place in the housing system for the small number of boarding houses that are licensed especially to house people with disability, where for-profit operators take most of their residents’ pensions and offer inadequate housing and care. The government needs to strengthen its policing of these operators while investing more in social housing and support for people with disability,’ concluded Mr Martin.

There are over 25,000 marginal renters in NSW. They include residents of boarding houses and licensed residential centres for people with disability, residents in many forms of student housing, lodgers in private homes and occupants of share houses, refuges and crisis accommodation.

The full plan is available at www.tenants.org.au/publish/marginal-renters/paper-reforming-marginal-renting.php

Media contacts
Chris Martin: 0407 065 760
Gregor Macfie: 0402 531 560

Joint statement: Reform for marginal renters

The 24 undersigned organisations call on all political parties in New South Wales to commit to reform of the marginal rental sector.

Marginal renters are renters who are excluded from the state’s renting laws. They include residents of boarding houses, residents of licensed residential centres for people with disability, lodgers in private homes and occupants of share houses, residential colleges, hotels, motels, refuges and crisis accommodation.

Marginal renters include some of the most vulnerable people in our community. They have been forgotten by the law and neglected in government policy.

Marginal renters deserve better. The marginal rental sector needs reform. The Tenants’ Union of NSW has proposed a comprehensive four-point plan for reform of marginal renting, based on the experiences and positions of the leading organisations in the community sector.

A four-point plan for reforming marginal renting

1. Law reform to create ‘occupancy agreements’

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

The solution: Law reform on the model of the Australian Capital Territory’s successful ‘occupancy agreements’ legislation, so all marginal renters are subject to non-prescriptive ‘occupancy principles’, with dispute resolution through the Consumer, Trader and Tenancy Tribunal.

2. Measures for more viable boarding houses

The problem: Traditional boarding houses are closing down, and too many of those currently operating are unsafe, poorly maintained and badly run. Existing subsidies and programs have not delivered satisfactory outcomes for investors or the community generally.

The solution: A ‘Boarding Houses Register’ to improve standards and liaison with the boarding house sector, a $15-million boost over five years to the Boarding House Financial Assistance Program, and business mentoring and other practical support for boarding house operators.

3. Services to promote social inclusion

The problem: Residents in boarding houses are often socially isolated, as are some landlords.

The solution: A ‘Boarding Houses Social Inclusion Program’ to get boarding house residents and landlords better connected with support services, including mental health and employment services, in their local communities.

4. Appropriate housing and support for people with disability

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

The solution: Stronger action on standards and compliance, and movement from inadequate for-profit operators to social housing with funded support.

Bridge Housing
Coalition for Appropriate Supported Accommodation
Combined Pensioners and Superannuation Association
Dtarawarra (Aboriginal Resource Unit)
Elizabeth Evatt Community Legal Centre
Greater Sydney Aboriginal Tenants Service
Macarthur Legal Centre
Mental Health Coordinating Council
Mid Coast Tenants Advice Service
Murra Mia – Southern NSW Aboriginal Tenants Service
North Western Sydney Tenants Service
Northern Area Tenants Service
NorWest Legal Information and Community Services
NSW Federation of Housing Associations
Older Persons Tenants Service
Parks and Village Service
People with Disability Australia
South West NSW Tenants Advice and Advocacy Service
South West Sydney Tenants Service
Sydney University Student Representative Council
Tenants’ Union of NSW
Uniting Care NSW/ACT
Western Aboriginal Tenants Advice and Advocacy Service
Western Sydney Tenants Service