Read The Times Australia

Daily Bulletin

An open letter on rental housing reform

  • Written by: John Watson, Section Editor: Cities + Policy
An open letter on rental housing reform

Following a review of the New South Wales Residential Tenancies Act 2010 in 2016 and extended consultations, the NSW government has introduced a number of reforms to parliament. Debate is expected to occur this week. However, without reform to current eviction proceedings, many housing advocates have expressed concern that these generally good proposals will have little effect. Today, 45 housing researchers from a range of disciplines have signed the following open letter.

We are academics who research and teach about housing. We come from a range of disciplines – for example law, economics, social sciences, planning – and many of us have worked variously with housing providers, tenants’ groups and government agencies on housing issues. We have in common commitment to the principle that everyone should have a secure, affordable home of decent standard, whether they own or rent.

Too often, however, our rental housing sector fails to deliver on this principle. There are numerous reasons for this; one of them is the legal insecurity of tenants under current New South Wales residential tenancy laws. In particular, the provision for landlords to give termination notices, with no grounds, at the end of a fixed-term tenancy or during a continuing tenancy is contrary to genuine security.

“No grounds” termination notices give cover for bad reasons for seeking termination, such as retaliation and discrimination. The prospect that a “no grounds” termination notice may be given hangs over all tenancies, discouraging tenants from raising concerns with agents and landlords and undermining the legal rights otherwise provided for by their leases and the legislation.

The deficiencies of our current laws are becoming worse, as more households rent, and rent for longer into their lives. About 32% of NSW households rent and this proportion is growing. Over the five years to 2016, 63% of the net growth in the number of NSW households was households in rental housing. And 42% of NSW renter households include children.

Our deficient current laws are also increasingly out of step with tenancy laws in comparable jurisdictions. Many European countries, as well as most of the Canadian provinces and the largest US cities, do not provide for “no grounds” terminations by landlords.

Last year, Scotland reformed its tenancy laws to remove provisions for “no grounds” terminations and replace them with prescribed reasonable grounds for termination. In Australia, Tasmania has for some years not allowed “no grounds” terminations of continuing tenancies. This month, the Victorian Parliament amended its residential tenancies legislation to remove provision for “no grounds” termination notices for continuing tenancies and for fixed-term tenancies, except at the end of the first fixed term.

We call on the NSW state government to improve security for renters, by legislating to end no-grounds termination by landlords and providing instead for a prescribed set of reasonable grounds for terminations.

These reasonable grounds would include grounds already in the legislation, such as rent arrears and other breaches by the tenant, and sale of the premises, as well as new grounds, such as where the landlord needs the premises for their own housing, and where the premises are to be renovated, demolished or changed to a non-residential use.

The prescribed reasonable grounds should have different notice periods, reflecting their different degrees of urgency and priority. Proceedings on notices should go, as they currently do, to the NSW Civil and Administrative Tribunal, and the tribunal should determine whether the ground exists and whether termination is justified in all the circumstances.

This reform would make all tenants feel more secure, without unduly restricting landlords in reasonable uses of their properties. The only inconvenience would be to the retaliators, the discriminators and those who cannot cope with even a modest level of accountability. If the reform prompted these landlords to leave the sector, they would sell to a new home owner or to a more professionally minded landlord – either of which is to the good.

There is more to be done across a range of policy areas to improve the functioning of all aspects of our housing system. We need more accessible home ownership, a differently structured and more professional market rental sector and a revitalised social housing sector. These changes require a comprehensive housing policy, coordinated across areas and levels of government and carried out over a long term.

But, in tenancy law, the single most important reform is ending “no grounds” termination by landlords. And the parliament could do it now.

Signatories

Dr Chris Martin, Research Fellow, Faculty of Built Environment, University of New South Wales

Professor Brendan Edgeworth, Faculty of Law, University of New South Wales

Professor Chris Gibson, Human Geography, University of Wollongong

Professor Keith Jacobs, Director, Housing Community Research Unit, University of Tasmania

Professor Alan Morris, Institute for Public Policy and Governance, University of Technology, Sydney

Professor Kath Hulse, Director Centre for Urban Transitions, Swinburne University of Technology

Professor Hal Pawson, Housing Research and Policy, University of New South Wales

Professor Pauline McGuirk, Director Australian Centre for Culture, Environment, Society and Space, Faculty of Social Sciences, University of Wollongong

Professor Peter Phibbs, Urban Planning, The University of Sydney

Professor Bill Randolph, Faculty of Built Environment, University of New South Wales

Professor Eileen Webb, Faculty of Business and Law, Curtin University

Adjunct Professor Michael Darcy, School of Social Sciences and Psychology, Western Sydney University

Associate Professor Hazel Easthope, Faculty of Built Environment, University of New South Wales

Associate Professor Daphne Habibis, School of Social Sciences, University of Tasmania

Associate Professor Kurt Iveson, Urban Geography, The University of Sydney

Associate Professor Kristian Ruming, Department of Geography and Planning, Macquarie University

Associate Professor Judith Yates, School of Economics, The University of Sydney

Dr Gareth Bryant, Political Economy, The University of Sydney

Dr Nicole Cook, Lecturer in Human Geography, University of Wollongong

Dr Louise Crabtree, Senior Research Fellow, Institute for Culture and Society, Western Sydney University

Dr Laura Crommelin, Research Lecturer, Faculty of Built Environment, University of New South Wales

Dr Tanja Dreher, Associate Professor, School of Arts and Media, University of New South Wales

Dr Christina Ho, Senior Lecturer, Social & Political Sciences, University of Technology, Sydney

Dr Justine Humphry, Lecturer in Digital Cultures, Department of Media and Communications, The University of Sydney

Dr Edgar Liu, Senior Research Fellow, Faculty of Built Environment, University of New South Wales

Dr Sophia Maalsen, IB Fell Post-Doctoral Research Fellow, Faculty of Architecture, Design and Planning, The University of Sydney

Dr Daniel Ooi, Research Fellow, Victoria University

Dr Justine Lloyd, Senior Lecturer, Department of Sociology, Macquarie University

Dr Jean Parker, Research Associate, Department of Gender and Culture Studies, The University of Sydney

Dr Madeleine Pill, Researcher, Department of Government and International Relations, The University of Sydney

Dr Emma Power, Senior Research Fellow, Institute for Culture and Society, Western Sydney University

Dr Dallas Rogers, Program Director, Master of Urbanism, The University of Sydney

Dr Ben Spies-Butcher, Senior Lecturer, Economy and Society, Macquarie University

Dr Adam Stebbing, Director of Bachelor of Social Science, Department of Sociology, Macquarie University

Dr Amanda Tattersall, Post-Doctoral Fellow, Henry Halloran Trust, The University of Sydney

Dr Lawrence Troy, Research Fellow, Faculty of Built Environment, University of New South Wales

Dr Robert Mowbray, Older Persons Project Officer, Tenants’ Union NSW

Deb Batterham, Researcher, Launch Housing

Zahra Nasreen, Researcher, Department of Geography and Planning, Macquarie University

Pratichi Chatterjee, PhD Candidate, Faculty of Science, The University of Sydney

Sophie-May Kerr, PhD Candidate, University of Wollongong

Craig Lyons, PhD Candidate, School of Geography and Sustainable Communities, University of Wollongong

Gemma McKinnon, Researcher, University of New South Wales

Bill Swannie, Academic, College of Law and Justice, Victoria University

Alistair Sisson, PhD Candidate & Research Assistant, School of Geosciences, The University of Sydney

Authors: John Watson, Section Editor: Cities + Policy

Read more http://theconversation.com/an-open-letter-on-rental-housing-reform-103825

Business News

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

Turning Your Empty Tables into Revenue

The rise of AI demand tools in hospitality, the EatClub–CommBank partnership, and seven trends reshaping Australian dining  A growing number of Australian venues are turning to AI-powered demand mana...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...