Tasmanian Government fights to evict disabled man in a case that could affect 7000 public housing tenants

If the Tasmanian Government wins a court case giving it the right to evict a disabled man, it will change the game for Housing Tasmania tenants, says a lawyer.

THE State Government has taken its fight to evict an intellectually disabled man from his public housing unit all the way to the Full Court.

In what is being described as a “test case” for the state’s 7000 public housing tenants, Solicitor-General Michael O’Farrell SC yesterday argued that Housing Tasmania should be able to evict tenants at the end of their lease like any other landlord.

The appeal against a Supreme Court decision to block the eviction order came after Gregory Parsons received a notice to vacate his Glenorchy unit on May 4, 2017, even though his tenancy period had been extended 14 times and he had never been in rental arrears.

He was told the order was on the grounds that his lease was due to expire, a valid reason under the Residential Tenancy Act. When he did not leave, Housing Tasmania sought a court order forcing the 55-year-old to do so.

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Magistrate Chris Webster determined he had no discretion to refuse an order requiring Mr Parsons vacate, but Supreme Court Justice Gregory Geason upheld an appeal against his eviction because he did not consider the order to be both “genuine and just”.

Justice Geason found that all public housing tenants should be provided with reasons for their eviction and an opportunity to remedy any breach.

Mr Parsons’ lawyer, Ron Merkel QC, told Chief Justice Alan Blow, Acting Justice Shane Marshall and Justice Stephen Estcourt eviction should be a last resort as his client remained eligible for public housing at was at risk of homelessness.

Gregory Parsons, 54, in his Glenorchy home. Housing Tasmania are trying to evict him. Picture: RICHARD JUPE

Tenants’ Union of Tasmania solicitor Ben Bartl said the decision of the Full Court could affect more than 7000 public housing tenants in the state.

“Most public housing tenants are on fixed-term lease agreements and if Housing Tasmania is successful, it will mean that any and all public housing tenants can be evicted without being afforded procedural fairness,” Mr Bartl said.

“In our view, given the risk of homelessness, all public housing tenants need to be told the underlying reasons for their eviction and provided with the right of review.”

The Full Court reserved their decision until a later date.