The Eviction: Take 3

This is the third instalment on Michael's fight with NT Housing. NT Housing are really determined to get Michael and his family out. NT Housing issued three notices to quit on the same day. These are in addition to the notice to quit for failing to maintain premises. This particular notice has been withdrawn. But Michael still has to answer the other notices. 

So I am going to look at all three eviction notices. One is for being in rent arrears, one is for being over the income and asset limit for public housing, and one is a no-ground eviction. Something smells fishy. It smells like, we don't like them and we will get them out any way we can. And obviously, someone is also covering their ass. If one notice of quit fails, we can rely on another. Let's take things one at a time...

 

Income and Asset Limit

 

In the Northern Territory, existing tenants are assessed for eligibility on a regular basis. An eligibility assessment is conducted at every rental rebate assessment (possibly every 13 weeks). NT Housing has assessed Michael as being over the income and asset limit. This has happened because Michael's grownup children are living with him. One obtained a job in the mining industry, and the other plays professional football. I don't think parents should lose their house just because their kids come home to visit.

The stated policy of NT Housing is that tenants pay extra rent if income is assessed at being over the income and asset limit. So an eviction on this basis would seem to go against government policy. In any event, one of Michael's sons has moved out since NT Housing has targeted his family. He couldn't cope with the stress of dealing with NT Housing. I expect that NT Housing would be withdrawing this particular notice to quit. 

Recall that Michael is a full-time carer for a young indigenous man with Down Syndrome. NT Housing did not offer to rehouse Michael and young Steven elsewhere in government housing. NT Housing did talk to a real estate agency to try and arrange accommodation in the private sector. According to Michael, it was an 'absolute dump'. He also tell me that it is nigh on impossible for mixed families to obtain decent accommodation in the Northern Territory.

I don't know whether NT Housing are planning on selling this particular property to an investor. But I am aware that NT Housing are pursuing a policy of selling off government houses to raise revenue. An investor is going to rent the same property out to the same kind of people at a profit. How is this going to help vulnerable and disadvantaged people in our community? See more details here.

I don't think NT Housing are respecting the human rights of Michael and his family. I'm not going to get into the ins and outs of human rights law. But note that article 17 of the International Convention on Civil and Political Rights (ICCPR) states no one shall be subjected to arbitrary interference with their family or home.

Michael and his family have lived in this house for twenty years. I don't think NT Housing respect the integrity of the family unit, nor do I think they understand the psychological importance of the home. It is not just owners that have family homes. Tenants have family homes as well. It is quite clear NT Housing doesn't have a human rights culture...this needs to change.

Rent Arrears

I have reviewed Michael's account with NT Housing. I am a wordsmith, not an accountant. But I did find a few interesting things. Michael has been in rent arrears at various times over the years. NT Housing issued a notice to quit for being behind in rent in 2002 and later in 2008. On these occasions Michael and NT Housing entered into an instalments agreement.

The main reason Michael has been in arrears is that Michael failed to hand in something called a Rent Rebate Form. He provides an income statement from Centrelink to NT Housing. So the system records that Michael is in arrears when he hasn't dropped in a form to the office. NT Housing has the discretion to refuse backdated rental rebate forms. So basically, it has the power to evict someone for being in arrears if they decide not to accept a backdated rent rebate form. Whether they exercise this power or not is another story.

NT Housing puts the onus on the tenant. I don't think NT Housing is a client-centred organisation. Do we live in the stone age? Centrelink and the Australian Taxation Office (ATO) should be sharing this kind of information. Just attending an office can be difficult for some people. Putting this particular situation aside, consider how this requirement would impact on people with physical and psychological disabilities, like agoraphobia. I don't think NT Housing is sensitive or responsive to the needs of its constituency. Michael even told NT Housing he found the process too 'confusing'. But of course it doesn't act on feedback it receives.

I am also concerned that processes and procedures are not flexible insofar as they do not allow for cultural practices. For example, when Michael's wife went out bush, he couldn't submit the rental rebate form as Centrelink could not release her private information.

NT Housing records that Michael was not only in rent arrears, but also in arrears with respect to water charges, and legal fees. If a tenant uses water over a certain limit, they must pay for it. Michael was only in arrears with respect to water charges because he has had an ongoing water underground water leak in the backyard since he first moved in. 

Michael complained numerous times over the phone and in writing. But for some reason NT Housing only accept maintenance requests in writing. This isn't very responsive to client needs. NT Housing arranged to have the leak fixed, but it has never been fixed properly. I have come across this problem before. Some landlords are unwilling to fix plumbing problems...and it is tenants that pay for it in the end.

As of now, Michael has paid off most of the rent arrears. He anticipates that he will be on top of things by the time his appeal is heard.

No Ground Eviction

In all jurisdictions including the Northern Territory, tenants can be evicted without grounds. In the Northern Territory, NT Housing can issue notices to quit without actually giving the tenant a reason. The National Association of Tenant Organisations issued a report in 2010 - A Better Lease on Life: Improving Australian Tenancy Law. It recommended that the ability to evict tenants without any ground be removed to prevent arbitrary and unreasonable evictions. It states: 

The ability of landlords to terminate tenancies ‘without grounds’ (which includes ‘end of a fixed term’ terminations) and the ever present threat of eviction without any reason required, contributes significantly to tenants’ insecurity. It undermines the sense of belonging in their home and willingness to pursue other rights such as seeking repairs to the property. Retaliatory evictions were identified as a concern across the country and their elimination identified as the single most important issue. 

If tenants cannot identify the reason for which they are being evicted, it is open to abuse. How do tenants know if they are being evicted for a reason that may or may not be directly or indirectly discriminatory? How do tenants know if they are being evicted for political reasons? 

This brings me back to Michael's fight with NT Housing. Michael doesn't sit down and take it if he thinks NT Housing is doing the wrong thing. Michael went to his local member when NT Housing refused to backdate his rent rebate form. He also went to the media when NT Housing refused to install a bayonet so he could install a heater. Steven, our special little guy, only has partial use of his precious lungs. He has 25% use of his lungs and gets pneumonia quite frequently. Michael also refused to sign a new lease agreement under the Residential Tenancies Act 2010 (NT). NT Housing has referred to Michael as a 'difficult tenant'. In my view, attempts at keeping NT Housing transparent and accountable is not a valid reason for eviction.

Concluding Comments

In the next instalment, I am going to talk about maintenance issues with respect to Michael's fight with NT Housing. And trust me, I am rubbing my hands together with glee... 

Post script. Michael's rebate form has been approved, and he is no longer in rent arrears. The notice to evict on the basis of being over the income and asset limit has also been withdrawn.