- In short: Renters who have been issued notices to vacate are staying put and waiting for a court order just to delay homelessness for a couple more weeks
- What's next? The Real Estate Institute warns a court history may deter future landlords and it says tenants need to consider whether that is worth the risk
Joanne Reid has been counting down the days until she becomes homeless — today it has arrived.
When her lease ended, Ms Reid received a notice to vacate the property she has been renting in Longford.
"I was absolutely horrified," she said.
"Because of my health issues, I wouldn't last a day on the streets. I know I won't. I know I don't have a chance."
The disability support pensioner has desperately tried to find another property but has found nothing affordable or suitable.
Ms Reid even resorted to staying in her rental and waiting for a court order, just to keep a roof over her head a little longer.
"It's absolutely terrifying," she said.
"I didn't have a choice at all."
Now she has no idea where she will go. All she wants is to feel safe.
"I wouldn't wish this on anyone," she said.
"If there was a law about loving and caring for one another, we'd all get charged for not caring and loving one another."
Court option 'delaying homelessness'
In March (the latest available data) Tasmania's vacancy rate was 1.1 per cent in Hobart, 0.9 per cent in Launceston, and 0.6 per cent in Burnie.
In some cases, the Tenants' Union of Tasmania has been advising people to buy time by staying beyond the date set out in their notice to vacate.
Solicitor Andrew Smith said tenants were entitled to do so and, while it was not ideal, it was sometimes the best advice in a bad situation.
"We're seeing matters in the Magistrates Court each week where tenants will stay on beyond the date of the notice to vacate simply because they don't have anywhere else to go and it will give them a few extra weeks with a roof over their head," he said.
"It's still pretty dire considering they're only delaying their descent into likely homelessness."
A notice to vacate can give someone between 14 and 42 days to move out.
After that, the owner has to apply to the Magistrates Court for an order for vacant possession, which can give the tenant another couple of weeks.
"It's not as simple as just going and finding another property," Mr Smith said.
"Tenants are not doing anything illegal by [staying past their notice]. Though they might find that when applying for properties in the private market, that real estate agents might give them a bad reference … which is just going to make it even more difficult in an already very competitive market to get a property."
Mr Smith said in many cases, eviction was no fault of the tenant, with it often resulting from an end of lease, or the owner wanting to take possession of the property.
'Symptomatic of housing policy failure'
Keith Jacobs, who retired earlier this year, established the University of Tasmania's Housing and Community Research Unit.
The adjunct professor said the advice to stay on after a notice to vacate was appropriate given the stakes.
"I think in the circumstances, it is the right advice because the alternative is far worse," he said.
"My opinion from afar is that the solicitors who are giving advice to tenants are aware of all the complexities, both the difficulties and the advantages of taking that advice, and have probably done the best thing for those people.
"Of course, in an ideal world, that would probably be bad advice.
"It's symptomatic of a failure of housing policy."
The Tasmanian government has committed to building 10,000 affordable houses by 2032.
Mr Jacobs acknowledged that would make a significant difference but said the state could be more ambitious.
He said immediate policies, such as tougher controls on short-stay accommodation, or taxing empty properties to encourage landlords to rent them, would go a long way.
He said there should also be a freeze on rents.
Mr Jacobs said Australia needed to even out the playing field to prevent landlords from accumulating wealth at the cost of tenants.
Tenancy history warning
Real Estate Institute of Tasmania chief executive Michelle Tynan said the advice was irresponsible and could present serious risks down the track.
"In the terms of the lease agreement, and notice to vacate and court orders, that all become part of a residential tenancy history," she said.
Ms Tynan said a court history would likely deter prospective landlords.
"It becomes a pre-emptive, I suppose, red flag, in some cases, to whether or not a rental provider would perhaps take on that tenancy," she said.
"Is that a risk you wish to take on as a rental provider?"
Ms Tynan said tenants should seriously consider the long-term ramifications of staying beyond the date in a notice to vacate.
"Given the current market and how tight things are as a tenant, is that something that you would want hindering your ability to get your next rental property?"
Rent freeze ruled out
The state government has ruled out regulating rent increases and taking a tougher stance on short-stay accommodation.
A government spokesperson said freezing rent would likely have the "perverse impact" of making tenure less secure, with landlords only able to increase rents by terminating an agreement.
"Rent controls, including limits on rent increases, encourage higher tenant turnover, as owners seek to increase rent while a property is vacant," they said.
There are 18 homeless shelters across the state providing crisis, transitional, and emergency accommodation.
Homes Tasmania has more than 200 units of supported accommodation in the construction pipeline.
A spokesperson said Tasmanians facing homelessness should contact its support arm Housing Connect as soon as they needed help.
"It can help with referrals to crisis accommodation, private rental assistance, applying for social housing, and organising support for as long as someone needs," they said.
Ms Reid said Housing Connect told her it could take years to find a home, but it put her in touch with crisis accommodation.
