No-ground evictions — where landlords evict tenants without providing a reason — are a contentious issue in housing law, creating significant uncertainty for tenants. These evictions disrupt lives, destabilise communities, and often lead to homelessness. With rising rental populations across Australia, addressing no-ground evictions has become a priority for policymakers, legal advocates, and tenants’ rights organisations. This discussion explores the impact of these evictions, the legal avenues available to challenge them, and the proposed reforms aimed at creating a fairer rental market.
Understanding and Challenging No-Ground Evictions
Tenants facing forced evictions often experience immense stress and uncertainty. Forced evictions can occur for various reasons, but no-ground evictions — where landlords do not provide a specific reason for eviction — are particularly problematic. These evictions can disrupt lives, destabilise communities, and lead to homelessness. It is crucial for tenants to know their rights and seek legal assistance to challenge such evictions.
Tenants can apply for legal action through several avenues:
- Legal Aid and Community Legal Centres – These organisations provide free legal advice and representation to tenants facing eviction.
- Tenants’ Unions – These unions advocate for tenants’ rights and can offer support and guidance on how to handle eviction notices. Each state and territory in Australia will have its own tenant advocacy body.
- Tribunal Hearings – Tenants can contest evictions at tenancy tribunals, such as the NSW Civil and Administrative Tribunal (NCAT). Here, tenants can present their case and evidence to argue against the eviction.
Preventing a Forced Eviction
Stopping a forced eviction involves several key steps, such as the following.
Understanding Your Lease Agreement
Tenants should thoroughly review their lease agreement to understand their rights and any clauses related to eviction.
Responding to Eviction Notices
It is crucial to respond promptly to any eviction notice. Tenants should seek legal advice immediately upon receiving such a notice.
Gathering Evidence
Collecting evidence that supports the tenant’s case is essential. This can include communication with the landlord, maintenance records, and any other relevant documents.
Attending Tribunal Hearings
Tenants should attend all tribunal hearings and present their case clearly and confidently. Legal representation or advice can be invaluable in these situations.
NSW Government Takes Action Against No-Ground Evictions
The current NSW government has recognised the need to protect tenants from no-ground evictions. These evictions allow landlords to terminate leases without providing a specific reason, which can lead to unfair and arbitrary displacement of tenants. In response, the NSW government has taken steps to address this issue.
On 27 July 2024, state Premier Chris Minns announced that efforts are underway to table sufficient rent control legislation to stop no-ground evictions in September 2024. The legislation in particular will only allow landlords to evict a tenant on bases such as:
- Non-payment of Rent – If a tenant fails to pay rent, the landlord must follow a specific process to seek eviction.
- Renovation – the landlord can have an eviction if they intend to renovate or repair the property – but cannot put up a new listing for at least four weeks after the project is completed.
- Breach of Lease Terms – If a tenant breaches the terms of the lease agreement, the landlord must provide evidence of the breach.
- Sale of Property – If the property is being sold, the landlord must provide notice and comply with regulations to ensure the tenant is treated fairly.
- Programme Exclusion – An eviction is also possible if the tenant is found to be no longer qualified for an affordable-housing programme.
When it comes to termination notices on fixed-term leases, the proposed measures seek a change. For rental agreements of under six months, the standard 30-day notice would be set at 60 days. If a lease was for over six months, the 60-day termination notice is to be issued at 90 days out. A Portable Rental Bonds Scheme is also being proposed, designed to help tenants transfer their rental bonds when switching properties instead of having to pay out of pocket before moving in.
Minns explained that the legislation is meant to align NSW’s rental standards with that of other Australian states and territories such as SA, Queensland, and the ACT. Current NSW residential data, for instance, noted that 33 per cent of the state population were in rental properties up from 17.6 per cent eight years ago.
When asked about the government’s action, Tenants’ Union of NSW CEO Leo Patterson Ross said it is a long time coming as frequent moves because of evictions or mutual exits take a physical and mental toll on the tenants and their loved ones.
Conclusion
Tenants seeking legal action against forced evictions, particularly no-ground evictions, is paramount. By understanding their rights and the legal processes available, tenants can better protect themselves from unfair displacement. The NSW government’s efforts to ban no-ground evictions demonstrate a commitment to tenant protection and housing stability. As these policies continue to evolve, it is crucial for tenants to stay informed and proactive in defending their rights.
The proposed legislation, public consultations, and support for tenants are positive steps toward ensuring that no-ground evictions become a thing of the past, providing a more secure and fair rental market in NSW and in the entire country.
DISCLAIMER: This article is for informational purposes only. 2 Ezi has no business relationships with any government authority, property agent, or property finance specialist.
