The Tribunal (NCAT) – news and analysis

Outasite Lite 38 – land lease communities news

outasite lite cover
Outasite Lite 38 is winging its way across the internet to subscribers' inboxes. Articles in this issue include, "Community recognition for land lease community advocate", "Appeal afoot – fixed method site fee increases", "Review update", "High Court application", "Advice line extension", and "Holiday period closure".
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Appeal afoot – fixed method site fee increases

Bob Morris
In Outasite Issue 6 (August 2020) we wrote about fixed method site fee increases and mentioned three communities where those methods were being challenged by home owners. Home owners from the Palm Lake Resorts are still awaiting a hearing before the NSW Civil and Administrative Tribunal Appeal Panel, however the Tribunal handed down the decision in Morris and Ors v Kincumber Nautical Village on 3 September.
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Tenants' Union Annual Report 2019-2020

Tenants' Union Annual Report Cover
The past year has been an extraordinary one for the Tenants’ Union, by any measure. Unprecedented bushfires and then flooding across NSW drove many displaced tenants to tenancy services for support. Several months of natural disasters then gave way to the COVID-19 pandemic which not only drove a record number of tenants to our online resources looking for information and advice but it forced the Tenants’ Union’s own staff to start working remotely. During these external challenges, this year the Tenants’ Union was also forced to look for a new office space and recruit a new CEO. It has been an incredible year of change, but the staff at the Tenants’ Union have taken it in their stride and risen to every challenge. 
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Staying Connected – TAAS Conference 2020

TAAS Conference 2020
Last week, over 100 Tenant Advocates participated in our first online Tenants Advice and Advocacy Services Conference. We explored a range of topics, including changes to tenancy laws, policy reform, and advocate work practice. We looked in detail at the effects COVID-19 has had on tenants lives, the Tribunal’s practices, tenancy law, and mental health. 
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Tribunal Pre-hearing Advice

Do you have a NSW Civil and Administrative Tribunal (NCAT) hearing date? Would you like advice from your local Tenants Advice and Advocacy Service? Complete the below webform and your local service will contact you regarding advice and information. While the local service will do their best to call you, if your hearing is less than one week away it may not be possible to speak to you before the hearing date. You should still put your details in the form below and let the Tribunal know that you have sought advice.
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Report on the situation for NSW renters during COVID-19 demonstrates struggle ongoing, potentially getting worse

Picture: Report cover - Family in masks in house, covid virus graphic surrounds house
Tenants' Union of NSW Report released today demonstrates the struggle many NSW renters continue to face as a result of COVID-19. The report 'Supporting Renters During the Pandemic' provides evidence of the continued need for support for renting households across NSW during the pandemic and demonstrates the need for an extension and strengthening of moratorium protections.
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Renters' Guide to COVID-19

Renters' Guide to COVID-19
The Renters' Guide to COVID-19 covers common questions about renting in New South Wales during the Coronavirus pandemic. The Tenants' Union of NSW is working hard to keep this Guide up to date.
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We need to talk about the landlord

Graphic of a family in a house, wearing masks, virus outside
We don’t only need to talk about the relationship between tenants and landlords – we also need to talk about the landlords themselves. A key flaw exposed through the response to COVID‑19 is the profile of those who act as landlords in Australia. They are heavily indebted. They are mostly without training or expertise. As a result, they were scared and desperate and clinging firmly to the one power dynamic they felt they had control over. The need for a more compassionate response to tenants was as apparent to everyone as were the barriers.
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No grounds for limiting reform under COVID-19

Graphic of a family in a house, wearing masks, virus outside
Jemima Mowbray looks at the problems renters have faced during COVID‑19, and shows that they are not new or necessarily distinct from the ongoing issues renting households were already facing. The COVID‑19 health crisis has highlighted and exacerbated existing inequalities and problems experienced by renters – most acutely, the problems of housing insecurity and the lack of affordable rental housing.
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Responding to tenancy issues under COVID‑19

Graphic of people in a house, wearing masks, virus outside
The Tenants' Union is attempting to monitor the impact of the COVID-19 crisis on tenants, within the limitations we have. In NSW we are already hearing from tenants that landlords have been ignoring requests to negotiate rent reductions from COVID impacted tenants, or delaying responses. They have been offering rent deferrals rather than the reductions as required under the protection framework, and in many cases are deciding for themselves that tenants who meet the definition of ‘impacted tenants’ are not eligible. Too many landlords have not been negotiating in good faith as required under the law, and too many landlords have been using harassment to pursue rental arrears while refusing to participate in rent negotiations with COVID‑19 impacted tenants. Eviction notices have been served to tenants for rental arrears, in spite of the evictions moratorium. No grounds eviction notices are being served to tenants, and landlords are using COVID‑19 as a reason to defer repairs and maintenance.
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