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Home»News»Legal service to the rescue as eviction threats increase
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Legal service to the rescue as eviction threats increase

By Liz BellAugust 1, 2023Updated:July 16, 2024No Comments4 Mins Read
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NEW data from the Peninsula Community Legal Centre indicates that 42 per cent of renters seeking assistance from the organisation had received a notice to vacate their homes from their landlord, representing a six per cent increase in the last six months. 

This increase occurred against a backdrop of a national rental crisis fuelled by record-low vacancies, a critical lack of affordable and social housing, and a cost of living crisis.

As well as Frankston and the Mornington Peninsula, the legal service covers residents in Melbourne’s south eastern suburbs.

CEO Jackie Galloway said the situation for renters was worse now than it had been for several generations.

“While it is encouraging that housing is high on the political agenda, the situation on the ground for our clients is becoming increasingly desperate. Our latest data confirms that the number of people facing eviction and homelessness continues to increase in our community,” she said.

In the past six months, PCLC’s tenancy and advocacy assistance program helped 960 renters, representing a 37 per cent increase, with 96 per cent experiencing financial hardship. The figures are consistent with recent research that reveals four out of five Australian tenants are experiencing rental stress. 

“Our data illustrates that more landlords are wanting to remove renters at a time when it is almost impossible to find a new place that they can afford,” Galloway said. 

“We have assisted many people who made between 50 to 100 unsuccessful rental applications after receiving a notice to vacate and who were facing the prospect of homelessness.” 

Reasons behind the increase in notices to vacate vary but are often because owners want to renovate or sell, in others they may wish to move into the property themselves, while in others it may be due to rental arrears or allegations that the tenant has breached the lease. 

Of the 42 per cent of renters approaching the organisation who have received notices to vacate, PCLC has been able to prevent 40 per cent of evictions.

“We have been able to help many renters with significant wins,” Galloway said. 

“In many of these cases the renters had done nothing wrong. In others they were struggling to cope with massive rental hikes during a global cost of living crisis. There are a number of ways that we have been able to help them avoid eviction such as negotiating payment plans with their rental provider or by going to VCAT.”

PCLC recently represented a single mother with three children at VCAT, after she was given a notice to vacate by her landlord in order to renovate the property. The tenant had unsuccessfully applied for 55 properties and had nowhere to go.

In weighing up the competing interests of the rental provider and the tenants and the impact of a possession order on each of them, VCAT found that it was not reasonable and proportionate in the circumstances to make the family homeless and the eviction application was dismissed. In other cases, the tribunal has also blocked rent increases.

“It is a very tough situation at the moment and there simply isn’t enough affordable rental housing to go around,” Galloway said.

“But if you are given a notice to vacate your rental property this does not automatically mean that you will be evicted. People who find themselves in this situation or who have other tenancy problems should contact PCLC to see if we can help. 

“We are also calling on the government to invest in more support for programs such as our tenancy advice and assistance program to support renters to understand their rights and ensure that their tenancies can be sustained.”

First published in the Mornington News – 1st August 2023

Mornington Peninsula
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