Public housing tenants take on WA’s Housing Authority in Supreme Court in action which could end no ground evictions
Public housing tenants who were handed termination notices without grounds on a fixed term tenancy agreement have taken on a Western Australian housing department in court arguing it acted unlawfully.
Two tenants launched legal action against the Department of Communities’ Housing Authority earlier this year.
In a joint hearing, the WA Supreme Court heard the two cases, one which was a case referred by a Perth Magistrate on questions of law.
The court also heard a judicial review case for a mother of four facing eviction at the end of a fixed term public housing tenancy.
One of the cases involved Aboriginal elder Barry Garlett who is a public housing tenant in Perth.
Camera IconProtesters rally outside the Supreme Court challenge to WA public housing ‘no reason’ evictions policies court case in April. Supplied Credit: Supplied
His lawyer Matthew Albert argued in court the Housing Authority had a duty to apply procedural fairness to a tenant before making a decision to terminate a fixed term tenancy.
Mr Albert argued because Mr Garlett was denied procedural fairness making the termination invalid.
The other case involved a 29-year old mother of 4 children who was advised by the Housing Authority that her fixed term tenancy would be terminated.
Prior to entering her first tenancy agreement the mother’s children were put into the provisional care of the Department of Communities.
After her first tenancy agreement expired, she had two officers show up at her house and advised her she needed to sign an extension of her tenancy agreement.
The mother was not made aware she did not have to sign the form or could have requested a tenancy agreement that was not time limited.
Camera IconProtesters rallied outside Parliament House in Perth against public housing ‘no reason’ evictions in April. Supplied Credit: Supplied
She was also sentenced for driving offences last year but was given parole after three months.
Soon after she was advised her tenancy agreement would be terminated, with her lawyer Mr Albert arguing she was denied procedural fairness and the decision by the authority was legally unreasonable.
“Without a home she does not get to be reunified with her children,” Mr Albert said in court.
“There was no indication at all that matter was considered, let alone weighted prior to the termination decision.
“The authority is clear where a decision maker fails to properly engage with something of importance, the decision can be found to be legally unreasonable.”
A lawyer representing the Housing Authority said they were seeking an order from the court to terminate the agreements and to regain the premises that were being occupied by the tenants.
Camera IconSCALE Community Legal Centre solicitor Kate Davis said the argument of legal unreasonableness was more about the impact on children in public housing. Emma Kirk Credit: Supplied
Speaking outside of court, SCALE Community Legal Centre solicitor Kate Davis said the argument of legal unreasonableness was more about the impact on children in public housing.
“One the tenants is a mum whose kids are in care, but the Housing Authority’s termination of her tenancy threatens the capacity for her kids to come back to her.
“The argument is that is legally unreasonable and therefore unlawful.”
Ms Davis said over the past decade they had seen a rise in the number of fixed term tenancies and no grounds terminations in public housing.
“In the six years to June 2022, at least 3070 children were evicted from public housing,” she said.
“Public housing evictions are devastating for children – it’s a pipeline out of education and into juvenile detention, child removal, health and mental health problems, and we have seen children die homeless.
“Fixed term tenancies is the second leading cause of evictions from public housing.
“Evictions from public housing are almost certainly evictions to homelessness.”
Ms Davis said if the tenants win their case it would mean the Housing Authority would need to review its practices.
“We hope in that rethink there would be a shift to better support services to sustain tenants as well to avoid evictions.”
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