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Tasmania government challenges court ruling on public housing allocation after social housing resident wins increased tenancy rights
ABC NEWS (Australia)
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2/2/2025
Tasmania’s state government is challenging a court ruling that could impact its ability to allocate public housing. The ruling followed a social housing resident’s win in court, which resulted in thousands of people gaining increased tenancy rights.
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00:00
Home means a lot to Lorraine Jordan.
00:05
My homes have always been my safe places and sanctuaries, you know, I've always tried
00:09
to create a nice home so that I feel good and I feel safe.
00:15
She lived in a three bedroom social housing property with her son in Launceston for seven
00:20
years.
00:21
He was the original tenant and Lorraine was an approved occupant.
00:26
But when he moved out, Lorraine was issued with a trespass notice by the provider, Community
00:31
Housing Limited.
00:33
When she left the house to get legal advice, the locks were changed.
00:37
I didn't have anything, I didn't have another set of clothes, nothing, didn't have anything.
00:43
Her cat was locked inside too, and being a Friday, she had to wait until Monday to take
00:49
the matter to court, so she lived in her car over the weekend.
00:53
When I finally got in, the cat was very jittery and he wasn't like that before.
00:59
Lorraine ultimately won in the Supreme Court in a case that centred on the definition of
01:03
tenant.
01:05
Her lawyers argued that CHL had been receiving $180 a fortnight more in rent, but Lorraine
01:11
hadn't received full tenancy rights.
01:14
They said of CHL, you can't have your cake and eat it too.
01:18
CHL argued that it only had an agreement with Lorraine's son, and so the benefit is provided
01:24
by him.
01:25
But Acting Justice Shane Marshall found that Lorraine was in fact a full tenant, because
01:30
the rent was adjusted to reflect her occupancy.
01:34
Lorraine is now able to stay in her home, but the court decision has much wider effects.
01:39
It could grant greater rights to 4,300 people who are living as approved occupants in social
01:46
housing properties across Tasmania.
01:49
It's a significant decision because it means that none of them can be evicted at the whim
01:54
of a community housing provider.
01:57
Instead they must be given a notice to vacate, which requires a justification and appeal rights.
02:03
They do need to be afforded procedural fairness if their income is being taken into account
02:10
in assessing the rent.
02:12
The Tasmanian government has now appealed the decision, arguing it could affect Homes
02:17
Tasmania's ability to allocate dwellings in a fair way through the Tasmanian Housing Register.
02:23
CHL has guaranteed that Lorraine can stay in the home, but she's worried about others.
02:29
How can someone be kicked out of a home over a meaning of a word?
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1:49
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