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Posted: 2024-03-28 18:00:00

Frustrated renters say they’re being booted from their homes simply for requesting repairs.

And they claim the ongoing rental crisis means landlords can kick them out knowing they will easily tenant their properties with one of the many eager renters desperate to find a home.

Many of the landlords terminating tenants’ leases have capitalised on a loophole that allows them to circumvent many regulations by categorising the evictions under “no grounds”.

Tenants Union of NSW CEO Leo Patterson Ross said his community legal centre was getting more calls this year from disgruntled tenants who were asked to leave shortly after requesting repairs.

“The problem with no grounds is that because you don’t have to give any reason for the eviction, it can hide some people who are evading the conditions of the (rental) contract,” Mr Patterson Ross said.

Renter case study - no grounds eviction Dave

Renter Dave Monck is ready to escape Sydney’s rental crisis and move to Hobart after receiving two no grounds evictions in the last 12 months, one he said was after asking for repairs. Picture: Tim Hunter.


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“Most landlords will do the right thing, but there are some who are actively trying to get off their obligations and serving notice to the tenant because they feel they are asking for too many repairs, even if they are legitimate requests.”

Renter Dave Monck has been evicted from multiple rental properties on “no grounds” – including a Stanmore home he claims he was asked to leave after requesting works to fix a mould problem.

“I was having to clean mould every few days and I was not getting any response from the real estate agent and the landlord,” he said.

A day after finally getting a mould expert and painter to inspect the property, Mr Monck said he was handed a no grounds eviction notice. “Instead of fixing the mould they kicked me out,” he alleges.

“I felt like I had no option at all. The current system is completely failing renters.”

Another tenant, renting in Sydney’s northwest, said they were ejected from their home after asking for a sealing issue to be fixed. “We feel like we are being bullied by the property manager just because we asked for repairs,” the tenant said.

Renter no grounds eviction

Renters that requested a sealing issue that was causing water damage to their floorboards be fixed allege they were handed an eviction notice for requesting repairs. Picture: Tim Hunter.


Mr Patterson Ross said the current rental system, coupled with extreme rental housing shortages, had created a climate of distrust, where tenants were often too scared to bring up issues for fear of getting asked to leave their homes.

A recent Finder survey revealed about one in four renters avoided contacting their landlord or real estate agent over needed repairs because they were worried about having their rent put up.

Finder home loans expert Richard Whitten said many tenants were hoping they would escape a rent increase by flying under the radar.

“Tenants are living in a state of fear that should they do or say something wrong, they will be faced with a rental increase – or worse, be forced out when their lease is over,” he said.

Some landlords were likely avoiding necessary repairs because of interest rate hikes, Mr Patterson Ross said.

Shoot with Leo Patterson Ross

NSW Tenants Union CEO Leo Patterson Ross said tenants are living in a state of fear. Picture: Jonathan Ng


“A lot of people become investors without good financial planning advice. They are vulnerable to mortgage rates,” he said.

Mr Monck said the instablitility, cost and discomfort of renting in Sydney encouraged him to move to Hobart, leaving his adult children and his workplace of almost 35 years.

“I hadn’t thought about leaving Sydney before this last eviction,” he said.

Mr Monck was previously a homeowner during his marriage, but after separating from his wife, he was unwillingly thrust back into the rental market.

After being evicted from the Stanmore home that was riddled with mould, he and his two kids had to move the week before Christmas, which he said was extremely stressful.

They were able to secure a 13 month lease so it didn’t fall on Christmas again, but Mr Monck has been handed another no grounds eviction notice.

Renter case study - no grounds eviction Dave

Mr Monck is worried that he may not be able to retire due to rising costs of rentals despite being one of the most senior levels in his career. Picture: Tim Hunter.


“I’m 55 and I’m worried that I’m not going to be able to retire – I can’t sign a 25 year mortgage,” he said.

“It’s a big deal to move to Hobart, there’s a lot of trepidation,” he said.

Mr Monck is a senior clinical nurse consultant and has worked at RPA hospital for almost 35 years.

Lots of senior nurses had left the hospital due to how difficult it was during the pandemic, according to Mr Monck, who was concerned Sydney’s rental crisis may push more experienced nurses out of the city.

“It (RPA) is like my second home, people keep using the analogy it’s like loosing another marriage. I thought I’d stay and retire as a senior nurse there.”

Mr Monck has been paying $850 a week in rent in his current rental property.

SYDNEY RENTAL QUEUES

Sydney’s high rental demand could push more skilled workers out of the city. Picture: NCA NewsWire / Flavio Brancaleone


He said in the entire 12 year period he has been in different rental homes, he has never been comfortable.

“I’m in that camp of renters that I’m in a pretty shitty house, but as soon as you stir the pot you’re at risk,” Mr Monck said.

“I’m on a good wage, I’m one of the most senior nurses in the hospital, the amount I’ve spent on rent in a year is almost 60k, that should be enough to buy you a house.”

He said there should be an end to no grounds evictions as well as a mechanism to cap rents and to make them more affordable.

“Landlords have all the power and all the money and I’m not poor, I’m in the top rung of nursing and I can’t buy a house.”

Mr Monck referred to international rental models in Scandinavian countries and New York City where home ownership is very low, but renters were able sign long term leases or have their rent indexed to their income.

“The model we have now gives renters no power, no security and no comfort and there’s a myriad of problems it causes socially and environmentally,” he said.

He was angered by the lack of action from the current government, who a year ago had promised there would be rental reform.

“The party that promised the action got in and didn’t do it … they’re liars its self evident that they lie.”

PREMIER NIGHT ECONOMY

The Minns government is being slammed over inaction on their rental reform election promise. Picture: NCA NewsWire / Nikki Short


He said in his current rental property there was no insulation to regulate the temperature throughout the seasons.

“People who own houses they can insulate, I know renters that would buy an EV if they could get a garage where they could charge. It (renting) limits your comfort your lifestyle and your peace of mind”

He said his 22 year old son Emile was also struggling to secure a rental property to move into with his sister.

Rental market conditions tightened in February with the national vacancy rate hitting a new

low of 1.07 per cent. With fewer properties available for rent, sought-after suburbs are leasing

faster than usual. Rentals are being snapped up in just over a week in some cases, according to PropTrack data.

Renter case study - no grounds eviction Dave

Mr Monck a senior nurse at RPA hospital is uprooting his life to move to Tasmania to escape Sydney’s rental crisis. Picture: Tim Hunter.


“He’s been applying for six or seven rental places a week for the last few weeks and he’s got nothing,”

“I certainly empathise with the young people not being able to get into the housing market but I also know a few guys in my circumstance who got in (to the housing market) when we were young and involuntarily taken out of it and now are having issues getting back in.”

He did however feel a sense of excitement at the prospect of being able to buy a house in Hobart.

“It’s just out of the question here in Sydney.”

“I don’t know if I’ll get a job as a nurse in Tasmania, but I do feel ready to leave Sydney because everything’s gone a bit pear shaped.”

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