Public tenant ‘vindicated’ after Housing Tasmania drops legal case

A Tassie woman who last year won a Supreme Court battle against Community Housing Ltd after being booted from her public housing residence has expressed relief the case is finally over.

Launceston woman relieved after Homes Tasmania withdraws appeal of her victory in the Supreme Court last year. Picture: istock

A Launceston woman who last year won a Supreme Court battle against Community Housing Ltd after being booted from her public housing residence has expressed relief an appeal against her victory was dropped.

Lorraine Jordan, 59, was living as an “approved occupant” at the West Launceston property rented by her son when landlord Community Housing Ltd served her with a trespass notice after her son moved out in 2023.

An initial Magistrates Court challenge filed on Ms Jordan’s behalf by the Tenants’ Union of Tasmania – which argued she was entitled to a key to the property – failed after the court ruled it did not have jurisdiction to hear the case because Ms Jordan was not legally a tenant.

That decision was appealed to the Supreme Court, which last November ruled that despite Ms Jordan being listed as an approved occupant at the address, the fact that her income was taken into account in the property’s rent calculations meant she was, in law, a tenant.

Homes Tasmania then filed its own appeal challenging the Supreme Court decision, but recently withdrew the application on “legal advice”.

Ms Jordan, who recently signed a five-year lease at the property, said she hoped her case would help provide greater security for Tasmania’s public housing residents.

“I’m very relieved that the case is over,” she said.

“I was at risk of losing my home and having to pay the costs of a Supreme Court appeal.

“I feel vindicated now that the Supreme Court has found in my favour and Homes Tasmania have withdrawn their appeal to the highest court in the state.

“More importantly, the Supreme Court decision stands, meaning that thousands of approved occupants in social housing properties across Tasmania are protected in law.”

Tenants’ Union of Tasmania principal solicitor, Ben Bartl, said that for years, approved occupants had been evicted from their social housing homes in Tasmania because of an erroneous belief that they had no rights.

“The Supreme Court strongly disagreed, finding that any approved occupant who is making a contribution to the household rent is deserving of the law’s protection,” Mr Bartl said.

A spokesperson said Homes Tasmanian had withdrawn its appeal against the decision after receiving legal advice, and was reviewing current policies to ensure that a “fair and transparent” housing system is available to all Tasmanians who are most in need.

“Homes Tasmania is committed to delivering a well-functioning housing system that provides safe, appropriate and affordable housing for all Tasmanians,” the spokesperson said.

“As at 31 January 2025, there were 3794 approved occupants in Homes Tasmania properties, 1474 of these are adult approved occupants, the remaining 2320 are child approved occupants.”

Originally published as Public tenant ‘vindicated’ after Housing Tasmania drops legal case