Fairer Safer Housing

The Victorian Labor Government is moving to reform the Residential Tenancies Act 1987.

They are like to take a targeted approach rather than "root and branch" reform. This is unfortunate. The problems are deserving of forensic attention.

Here is a list of things I would do:

1. Look to Queensland for inspiration. Their system isn't perfect but a great deal better than Victoria's mess. 

2. Create a separate statutory body responsible for all things housing. I hear good things about the Queensland's Residential Tenancies Authority. I'm not convinced housing is a consumer problem. And I don't think dodgy landlords are an enforcement priority.

3. Set up a register for landlords. Carry out background checks. We need to know who they are and take away their rights if they do the wrong thing. Keep a record of bond claims to make sure the money is going where they say it's going.
 

4. Enshrine a right of appeal. I've heard disturbing stories about VCAT's handling of tenancy disputes ranging from outright bias to errors of law. Tenants should not have to go to the Supreme Court to get a good quality judicial decision.

Here is a perspective from a tenant whose first language isn't English:

No fines, low compensation. If I resume yesterday's hearing, a landlord has the right not to do repairs and to treat you like shit...so why do they have laws??? The thing is I'm petrified when I talk to the tribunal and to the landlord so I can't express what I want to say. I even forgot I had a notice to vacate! 

The notice to vacate as been cancelled but the landlord hasn't been fined for abusing it! Out of the over $10,000 I asked for compensation (I did "over ask" on purpose) I will get $77!!! Even though I pointed out that the real estate agency abused their power, didn't respect the RT act etc, they got away with NO FINE! Conclusion: I am really pissed off!

5. Give tenants an enforceable right to safety. Make carbon monoxide detectors mandatory. Get inspectors out there checking houses for faults. Give them the power to fine landlords who do the wrong thing.

 

6. Do a human right analysis. Residential tenancy laws were enacted before the Charter of Human Rights and Responsibilities 2006 was enacted. Get rid of open inspections for a start. They're a complete violation of privacy.

7. Move away from regulating contracts to regulating housing. It's an important distinction. Begin to standardise laws across different kinds of housing. Why should people renting caravans have less rights than other kinds of tenants?

8. Legislate for minimum standards. Tenants pay for and expect housing that ticks all the boxes i.e. heating, ventilation, waterproofing etc. Is it not too much to ask? Inspect houses before they are leased and don't annoy tenants. Make landlords pay for telephone/internet sockets and TV antennae ports. Why should tenants pay? It is the landlord that owns the property and benefits from these things being installed.

9. Give tenants security of tenure. And flexibility for when the unexpected strikes. Not everyone has secure ongoing employment. I don't know about you, but I can't predict what will happen in three years. Compensation for moving costs would also be great.
 

10. Implement time limits for repairs. Even New Zealand has done it. Everyone's sick of waiting. It's seriously not that hard....