Housing win for disabled tenant

TASMANIA’S 7000 public housing tenants will benefit from a Supreme Court decision that has saved an intellectually disabled man from homelessness, says a tenants’ advocacy group.

The Tenants’ Union of Tasmania welcomed a Supreme Court decision yesterday to overturn a Magistrates Court order made last year which would have seen a disability pensioner evicted from his Glenorchy unit.

Housing Tasmania had tried to evict Gregory Parsons, 55, last year on the basis his lease was due to expire, even though he had lived at the property for 10 years and had never been in rental arrears.

The Magistrates Court had ordered Mr Parsons to vacate the property, but the ruling was appealed in the Supreme Court in what has been described as a test case for residential tenancies.

Tenants union solicitor Ben Bartl yesterday said Mr Parsons’ win was a victory for people living in more than 7000 public housing properties across Tasmania, as the ruling meant they could not be evicted without adequate reason.

“The decision means that Housing Tasmania can no longer evict tenants by relying on ‘end of lease’,” Mr Bartl said.

“Instead, Housing Tasmania will have to provide the underlying reason for their eviction – including an opportunity to remedy the breach. This is a significant victory that will provide greater protections for all public housing tenants.”

Mr Parsons has lived in the Glenorchy public housing unit since 2007, but was given a “notice to vacate” in May last year. When he did not leave, Housing Tasmania sought a court order forcing him to do so.

But Supreme Court Justice Gregory Geason yesterday ruled the magistrate had failed to give Mr Parsons “a hearing of his substantive case of the worth which he was entitled”.

Justice Geason said the evidence about the tenant’s circumstances and the history of his tenancy was overlooked.

“That failure is a denial of natural justice,” he said.

Mr Bartl said “end of lease” was an inadequate excuse.

“The failure of Housing Tasmania to provide reasons and to allow its tenants to remedy breaches has been a shameful practice carried out over many years that has resulted in tenants being made homeless,” Mr Bartl said.

He said there had been 15 Housing Tasmania tenants evicted in the past financial year without being provided reasons or a right to remedy the breach.

A government spokesman said: “Housing Tasmania will consider the Supreme Court’s decision.”