High Court grants Santa Teresa residents’ right to sue over poor housing

After eight years of legal battles, 70 residents of a remote NT community have won a High Court bid to sue over the ‘deplorable’ state of their homes.

Tenants in a remote Aboriginal community have won the right to sue the NT Government for not carrying out housing repairs in a landmark High Court ruling.

More than 70 households from Ltyentye Apurte (Santa Teresa) took legal action against distress caused from years living in “dilapidated and uninhabitable homes”, with claims including leaking sewage, unstable electricity, lack of hot water and no airconditioning.

The lead tenant in the case Kwementyaye Young lived more than five years without being provided a back door, and told the court she felt constantly unsafe in her home.

More than 70 residents from Santa Teresa have won a High Court bid to sue over poor housing conditions.

On Wednesday the High Court unanimously recognised for the first time the right of tenants to compensation for disappointment and distress when a rented house does not meet legal standards.

It is a decision that could have wide-ranging ramifications across the country by giving tenants a new way to hold landlords accountable for unsafe, unhealthy or uncomfortable housing.

Tragically, Ms Young did not live to see the outcome of her eight-year battle against the NT housing authority. She died earlier this year.

“I am deeply saddened for the family of two tenants who led this case, Ms Young and Mr Conway, who, like Eddie Mabo, did not live to see their fight deliver better outcomes for their community and well beyond it,” solicitor Dan Kelly said.

“Given the injustice recognised today by the High Court, it is regrettable that the last contact Ms Young had from the government landlord before she died was to inform her that her rent was going up.”

Mr Kelly, who was part of the Australian Lawyers for Remote Aboriginal Rights team representing the Santa Teresa residents, said it was a “hard fought victory”.

“I congratulate the community for winning this landmark case,” he said.

“The deplorable state of housing in remote communities, its impacts on health and wellbeing, should not be tolerated in a country as wealthy as Australia. As it stands, legal action is the only way remote communities can enforce their basic rights to habitable housing.

“The NT Government’s neglect of remote housing impacts communities across the Territory, and today’s decision sets an important precedent for all 72 other remote communities, and all tenants across the country.

Grata Fund, the organisation that funded the legal action, said the residents of Santa Teresa were “leading the way” fighting for better housing conditions for all Australians.

“This is the first residential tenancy case heard by Australia’s highest court in a generation, and this historic win will have far-reaching consequences for renters nationwide,” executive director Isabelle Reinecke said.

The case was also the first time the High Court followed Aboriginal cultural guidelines not to use the first name of someone who has died, acknowledging Ms Young with the honorific “Kwementyaye”.

Remote Housing Minister Selena Uibo said the government would “consider today’s judgement in light of the improvements that have already been made” to homes in communities.

“I’m really proud that since coming to government in 2016, the year when this case began, we have built more than 1200 new homes across the Northern Territory and upgraded close to 1700 remote homes. This has made a significant difference to thousands of families,” she said.

“We are committed to continually improving conditions and standards in our remote housing.

“In recent years, investment has increased and systems have been improved. Maintenance requests are now identified and actioned more efficiently.”