75% of NSW tenants hold back reporting a repair for fear of eviction

According to a new survey from the Tenants’ Union of NSW and Marrickville Legal Centre, three-quarters of NSW renters have not reported a problem with their property to their respective landlord because they fear of being evicted on a ‘no grounds’ basis.

The report, named Lives Turned Upside Down, surveyed over 600 people between September and October 2018, and found:

• 98 per cent of renters value housing security and stability;
• 90 per cent say being forced to move would cause them serious financial and emotional stress. Renters quoted thousands of dollars was needed for cleaning, assistance with removing furniture, and bond in advance. They also spoke of time stolen to find, apply and successfully secure new housing;
• 84 per cent of those who have experienced a ‘no grounds’ eviction have held back from reporting a problem for fear of eviction;
• 63.9 per cent said ‘no grounds’ evictions caused them severe anxiety;
• 60 per cent said ‘no grounds’ eviction seriously affected their relationship with the landlord and how they interacted with them.

Additionally, some of the respondents listed the effect on their child, the feeling of having no control, the possibility of being homeless, and the disruption to their lives as the most significant impact of being forced to move by their landlord.

‘No grounds’ eviction in NSW

Under current NSW residential tenancy laws, a tenant can be evicted without being given a reason. Sections 84 and 87 of the Residential Tenancies Act 2010 allows a landlord to issue a ‘no grounds’ eviction notice at the end of a fixed term lease or once the lease is outside of a fixed term.

The report revealed that a “significant” number of renters who receive a ‘no grounds’ eviction notice are evicted for either asserting a right or because of discrimination, and that it is extremely challenging for a tenant to fight the landlord’s decision to evict them.

Almost nine in 10 of the respondents felt that landlords should not have the ability to end a tenancy for no reason, while over half of the respondents who were not currently renting (who either owned property, had rented previously or had never rented) also believed there should be an appropriate reason given by a landlord for ending a tenancy.

Mr Leo Patterson Ross, Tenants’ Union NSW senior policy officer, believes a requirement for landlords to be licensed should be considered:

“[Landlords] don’t think of themselves as service providers, they think of themselves as investors. As long as the money comes in, for some that’s where the concern for tenants ends.”

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