Talbot Estate Rockhampton refuse mediation for to-be homeless residents

A court hearing has been held regarding the leases of two elderly women not being renewed for their homes at a Rockhampton estate. The pair could be living on the streets within weeks.

Barbara Williams is being forced to leave her home at Talbot Estate, Wandal.

Two elderly ladies in Rockhampton could be living on the streets within weeks as the board members of Talbot Estate hold their ground and refuse to renew their leases, amid new court action.

Talbot Estate was founded in the 1960s in Wandal and has 77 one-bedroom and two-bedroom cottages and units catering for aged persons relying on the pension.

The estate is run by the Management Board of Talbot Estate and acts as an independent non-for-profit organisation.

Residents Barbara Williams and Christine Sawbridgeworth received a Notice to Leave letter in the mail on April 26, from legal firm Swanwick Murray Roche on behalf of the Board.

The formal letter stated their leases, which are due to expire on June 30, would not be renewed.

Under the legalisation of the Residential Tenancies Act, reasons are legally not required to be provided.

Barbara and Christine have been beside themselves with stress while searching for somewhere to live amid a crushing local and national housing crisis.

An official letter affidavit sent to Barbara from the Board, states it will not be revoking the Notice to Leave.

“While the current rental crisis is acknowledged by the Respondent, it submits that it makes no material impact on the Applicant’s submission,” it reads.

A third resident also received the letter however has found accommodation through Anglicare.

Barbara Williams at her Talbot Estate home in Wandal with her assistance dog, Colin.

Ms Williams was originally offered the Anglicare accommodation however was unable to take it due to space needed for her assistance dog.

The Notice to Leave has now been referred to the courts to be overturned and a Queensland Civil and Administrative Tribunal hearing was held at the Rockhampton Courthouse on May 30.

The idea of meditation was initiated several times, to which Barbara and Christine agreed, however a representative for the Board remained steadfast and did not agree.

After back and forth between the parties, and as both Barbara and Christine became visibly upset, the matter was resolved to be adjourned to be heard on June 14 with the Notice to remain in place.

The day after the court hearing, Barbara received a letter from the Board, maintaining its position and calling for the QCAT application to be dismissed.

Barbara, who suffers from PTSD and high anxiety after an injury during her time as a counter terrorism officer with the Australian Federal Police, believes she is being “kicked out” as a form of retaliation against her.

In an affidavit submitted for the QCAT matter, the Board claims Barbara “has unreasonably abused the manager and other residents” and “makes reasonable demands”.

“A history of difficult relations, and a series of complaints by a tenant to a lessor is not, without more, evidence of retaliatory conduct,” it states.

“The respondent avoids getting involved in disputes between residents of its estate, nor is it required to intervene. However, a goal of the respondent’s management board is to foster peace and liveability for its residents.”

The lounge room of Barbara Williams' small one-bedroom home.

Throughout the affidavit, it is mentioned several times the Board is “self-funded from the rent paid by its tenants”.

“It does not receive funding from any level of government or any community organisation for its day to day operation and consequently cannot be classified as community housing,” it states.

It should be noted the board received $200,000 from the Federal Government for bathroom facilities upgrades in 2019 and 2020.

At the time it was founded in the 60s, it also received government subsidies.

In the meantime, Barbara and Christine continue to look for somewhere to live however nothing suitable has become available.

Barbara pays $165 per week for her Talbot Estate home and requires somewhere with room for her assistance dog.

She has been able to get the assistance of a barrister who is donating their services for the next court date.