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Latest news and analysis

Interference with Sale of Home

24/08/2021
Reece's home
Allan and Lynn Reece are home owners and age pensioners. They live in a land lease community called Emerald Tiki Village Caravan Park at Anna Bay in NSW. In early June, 2017 the Reece’s met Mr John Frost, the owner/operator of Emerald Tiki Village. The operator was selling the home on site 10.
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Age restriction rule allowed

24/08/2021
children on a trampoline
A challenge to an age restriction rule has failed and new home owners and their occupants must be over 55 years of age despite the community being a holiday park marketed at families with young children. We agree with the home owners, an age restriction rule in such communities is nonsensical.
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Retirement upheaval update

24/08/2021
Hacienda holiday park
In the long-running Hacienda saga, home owners have achieved a very significant outcome in the face of misconduct by a rogue operator.
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Contempt

24/08/2021
David Dodge
Orders made by the Tribunal are legally binding. So what happens when Tribunal orders are not complied with?
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David vs Goliath

24/08/2021
Bob Morris as David
Bob Morris became an advocate for other home owners in his community when they decided to challenge the legality of the fixed method site fee increase that is a term of their site agreements. Bob wrote this article to share his experience and to highlight some of the difficulties facing home owners when they want to assert or protect their legal rights.
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Palm Lake Resort Appeal Dismissed

24/08/2021
Outasite logo
On 30 June 2021 the NSW Civil and Administrative Tribunal (NCAT) Appeal Panel handed down the decision in Palm Lake Resort P/L v King and Metcalfe NSWCATAP 195. The proceedings were an appeal by the operator against a finding by the Tribunal at first instance that the site fee increase term in the home owners’ site agreements contained more than one fixed method. This case is similar to the one at Kincumber Nautical Village (see preceding article ‘David vs Goliath’) however the fixed method terms being disputed were different.
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Increased rent relief support payments, but NSW Eviction Moratorium must be extended

18/08/2021
Text box with stylised image of coronavirus cell and buildings. Text reads: COVID-19 rental support. Financial support extended to $3000 for waived rent  Further protections required to help prevent virus spread and economic harm.
Yesterday the NSW Government announced they are increasing the rent relief support available up to $3000 for landlords who reduce (waive) rent by this amount for impacted tenants. We welcome and would like to thank Minister Anderson for extending rent relief support. There are a number of ways in which current restrictions and protections should be further clarified and strengthened to ensure they support and protect the community as intended. Our key recommendations in this article.
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The tale of Alan and Annie: living in affordable housing and retiring from paid work

12/08/2021
Moving a home person with packed boxes and moving furniture, Attribution: pikisuperstar - www.freepik.com
‘What happens to an affordable housing tenant when they retire? Will they be forced to move?’ The Tenants' Union of NSW isn't sure of the answer to this question. So, Robert Mowbray - the Tenants' Union's Older Renters Policy Officer - went to do a bit of digging.
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COVID-19 Financial Incentives for Landlords

10/08/2021
Group of people in a house with cartoons of covid outside
The NSW Government has introduced financial incentives that can be claimed by landlords who provide a rent reduction to tenants impacted by COVID-19 during this period. If you are an ‘impacted tenant’, you can advise your landlord that if they provide you with a rent reduction, then they can claim one of the following two types of government payments.
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WESTS lockdown service update

03/08/2021
WESTS - here to help
The Western Sydney Tenants' Service (WESTS) is operating remotely during the COVID-19 Lockdown period. We will continue to deliver our excellent service to the Western Sydney community whilst in lockdown. Our offices are currently closed, but we strongly encourage our clients to continue contacting us online or via phone. As a tenant, you are entitled to exercise your rights within the scope of the current Public Health Orders and landlords are still to be held accountable to their general obligations under the rental agreement and residential tenancies law.
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