PENINSULA Community Legal Centre has welcomed a decision by the Victorian Civil and Administrative Tribunal that could help protect renters facing eviction in the toughest rental market Victoria has ever seen.
VCAT has refused to grant a possession order to a landlord who wanted to sell an investment property with vacant possession, because to do so would effectively render a family of five homeless.
Importantly, the renters had not breached their tenancy agreement. They had also attempted to find alternative accommodation but, because of the tight rental market and the general economic climate, there was nothing suitable available.
“The VCAT decision recognises the impact that Victoria’s rental crisis is having on renters who are unable to find affordable alternative rentals when their landlord decides to sell up”, said Ash Galvin, the manager of PCLC’s tenancy practice.
“In weighing up the competing interests of the rental provider and the tenants and the impact of a possession order on each of them, the tribunal found that it was not reasonable and proportionate in the circumstances to make a family of five homeless”.
PCLC is seeing an increased number of clients who are facing eviction or experiencing homelessness across Melbourne’s south-east with many being forced to sleep in their cars, tents or couch surf. An estimated 1000 people are sleeping rough in the community on the Mornington Peninsula alone.
PCLC CEO Jackie Galloway said renters were on the frontline of Victoria’s cost of living crisis.
“More renters are being pushed into homelessness because they can’t find a rental they can afford. Many of our clients give up after making up to 100 applications for a home,” she said.
PCLC is hoping the VCAT decision will mean that more tenants will be able to remain in their current rentals in situations where they would face homelessness due to the lack of affordable housing.
Ninety-six per cent of the almost 1000 clients PCLC assisted through its tenancy and advocacy program over the past 12 months experienced financial disadvantage.
Galvin said that with the scarcity of housing across Victoria and the cost of living crisis expected to worsen, the rental crisis was only going to get more serious for local tenants.
“We would encourage anyone who is facing eviction from their property and would like free legal advice to get in touch with PCLC to see whether we can help,” he said.
For free legal advice contact the Peninsula Community Legal Centre on 9783 3600 or pclc@pclc.org.au
First published in the Southern Peninsula News – 20 December 2022
