Housing and Tenancy

Last updated: 29 Mar 2021

 

“The rights to privacy, family, home and correspondence in section 13(a) are of fundamental importance to the scheme of the Charter of Human Rights. Their purpose is to protect and enhance the liberty of the person – the existence, autonomy, security and wellbeing of every individual in their own private sphere. The rights ensure people can develop individually, socially and spiritually in that sphere, which provides the civil foundation for their effective participation in democratic society. They protect those attributes which are private to all individuals, that domain which may be called their home…”

Justice Bell, Director of Housing v Sudi [2010] VCAT 328 [29]

Assisting renters and rooming house residents to assert their rights and respond to notices to vacate, applications for possession and warrants of possession is a critical part of the legal assistance provided by Homeless Law.

Housing affordability and availability are declining. Rising property and rental prices, population growth and low levels of wage growth have increased housing stress for many Australians,[1] placing more and more people at risk of homelessness. Within this context, renter advocates must do as much as possible in order to secure and maintain the housing of vulnerable and disadvantaged clients. Further, renter advocates must be vigilant to ensure that renters and residents are provided with clear guidance about their residential rights and responsibilities.

[1] Productivity Commission, Vulnerable Private Renters: Evidence and Options (Productivity Commission Research Paper (September 2019).

This page contains legal information only. View our disclaimer.

Not a lawyer?

Homeless Law in Practice provides resources and tools for Victorian lawyers and advocates. If you’re looking for help, visit Justice Connect.