Tenants could be evicted if they ‘alarm’ neighbours under proposed changes

PROPOSED changes to the Residential Tenancies Act could mean renters are evicted if they “alarm” another person.

PROPOSED changes to the Residential Tenancies Act could mean renters are evicted if they “alarm” another person.

Homelessness and family violence advocates fear a “catastrophic” influx of vulnerable people on the streets if changes to the Residential Tenancies Act are allowed, which include expanding reasons for and speeding up evictions.

The state government’s review of the Act, which determines the rights and respon­sibilities of tenants and land­lords, comes as data shows the number of renters in Victoria more than doubled in 15 years.

Among about 250 reform options released by Consumer Affairs Victoria, tenants could be hit with same-day eviction for past conduct — including damage that has already been repaired. Tenants could also be evicted for paying rent late three times during their tenancy — even by just one day.

Changes have been suggested to widen the definition of anti-social behaviour for evic­tion, from a detailed list including violence, damage and danger to a vague description of con­duct that could cause some­one to be “alarmed, distressed, intimidated or harassed”.

Tenants Union of Victoria chief executive Mark O’Brien said if the proposals were implemented, they would expand reasons for eviction, weaken the test and speed up the process.

“Some options set the benchmark so low for eviction it makes it hard to understand what won’t get over it,” he said.

“It would be a disaster for all tenants and particularly catastrophic for low income and vulnerable tenants.

“It will drive demand for homelessness services and wipe away any investment the government is making in these services.”

Council to Homeless Persons chief executive Jenny Smith said if the changes came into effect “we’ll see an immediate increase in the number of people turning up to homelessness services, and in people sleeping rough on our streets or in cars”.

“Getting into private rental and keeping it is already hard enough for people struggling on low incomes, or who’ve experienced family breakdown, job loss or mental illness, and these changes will just make it easier and quicker to evict people from their homes,” she said.

The Residential Tenancies Act is expected to be discussed in cabinet on Monday.

The office of Minister for Consumer Affairs Marlene Kairouz did not respond to questions on when the review would likely be completed.

But spokeswoman Crys Ja said it was “vital” that tenancy laws were responsive to the needs and rights of both renters and landlords.

“We’ll continue listening to the community about the options that have been canvassed and will look to start legislating a new Act in 2018,” she said.

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VICTORIAN RENTERS

2001 — 262,264

2002 — 266,456

2003 — 277,937

2004 — 289,475

2005 — 298,541

2006 — 313,397

2007 — 332,375

2008 — 358,066

2009 — 378,898

2010 — 399,968

2011 — 425,498

2012 — 457,618

2013 — 483,672

2014 — 508,100

2015 — 531,351

2016 — 553,469

Data from the month of December, Department of Health and Human Services Rental Report