[DATE]

[NAME]

[HOUSING SERVICES MANAGER]

[XX] Housing Office

[ADDRESS]

[CLIENT NAME]

[ADDRESS]

Dear [NAME]

We act for …. A copy of an Authority to Act signed by … is attached for your records.

The listed tenant at the above property is Mr [NAME]. As you know, Mr [CLIENT] and his family have been residing at the above property for over [X] months while Mr [NAME] has been in [COUNTRY]. Mr [NAME]'s return to Australia has been delayed due to ongoing ill health.

The Director of Housing has obtained a Possession Order in relation to the property and we understand that it is intended that the warrant will be executed in late [DATE]. This letter sets out:

  • Background on the tenancy and the arrears;
  • Details of the [CLIENT] family’s hardship and the significant likelihood that they will be homeless if the eviction proceeds; and
  • Information about the Director of Housing’s obligations under the Charter of Human Rights and Responsibilities Act 2006 (Vic).

This letter requests that the Housing Office considers alternatives to evicting the [CLIENT] family.

Given the potential consequences of the decision for the [CLIENT] family, please discuss the content of this letter with the Housing Services Manager and, if necessary, the Director of Housing, before making a decision in relation to this matter.

Background on the tenancy and the arrears

I understand from my discussions with Mr [CLIENT] that:

  • In early 2011 the Housing Office became aware that Mr [CLIENT], his wife [NAME] and their 2 year old daughter [NAME] were residing at the property.
  • The Housing Office is now also aware of the birth of another daughter in [DATE] 2012.
  • During the time that the family has resided at the property Mr [CLIENT] has paid rent on a regular basis at the rebated rate, which was the rate payable during Mr [NAME]’s tenancy.
  • Mr [CLIENT] contacted the Housing Office and was given approval to pay the rent on a monthly rather that fortnightly basis, as this enabled him to better budget for his family on his limited income.
  • John from the Housing Office has attended the property while the [CLIENT] family has been living there and was reportedly happy with the [CLIENT] family’s maintenance of and care for the property.

Essentially, Mr [CLIENT] and his family have been living in the property, treating it as their home and meeting their obligations as tenants for over 12 months.

I understand that a rent review was undertaken at some point during Mr [NAME]’s absence and, because Mr [NAME] was not able to complete the rebate form, the rent was adjusted to market rate. Mr [CLIENT] has instructed that Mr [NAME] is located in a rural and war affected area in [COUNTRY] where communication services are virtually non-existent. On top of this, Mr [NAME] has been chronically unwell and unable to travel back to Australia as planned.

I reiterate that the current arrears are due to the inability of Mr [NAME] to complete a rebate form, and not due to non payment of rent. The [CLIENT] family has been paying rent at the rebated rate for approximately 12 months.

Mr [CLIENT] does not recall a Notice to Vacate or a Notice of Hearing being brought to his attention by the Housing Office. However, we understand that an application for possession was heard by VCAT on [DATE] in relation to the property. Neither Mr [NAME] nor Mr [CLIENT] attended the hearing where the possession order was made.

The [CLIENT] family’s links to [AREA] and surrounding area

Over the past 12 months, Mr [CLIENT] and his family have established strong links to the area. These include, but are not limited to:

  • Weekly attendance at the local [XX] Church which holds services in the [XX] language;
  • Mrs [CLIENT]’s attendance at the [XX] Language Centre for English classes;
  • Mrs [CLIENT]’s engagement with the local maternal health care centre for her new born baby and general medical services for both her children; and
  • Mr [CLIENT]'s ongoing enrolment at the [XX] Institute of Education at [XX] where he is a second year student in [XX].

Mr [CLIENT] supports his wife and children on an Austudy allowance while he engages in full time study. The family does not have a car and so is reliant on public transport to access Mr [CLIENT]’s place of study and Mrs [CLIENT]’s supports, including English classes and maternal health care.

The [CLIENT] family will suffer extreme hardship if evicted

We are instructed that, Mr [CLIENT] came to Australia as a refugee from [COUNTRY] in [YEAR]. His wife came to Australia last year and the property has been their home since that time.

Mr [CLIENT] is trying to get an educational qualification so that he can build a better life for his family. He is due to complete his Diploma in [XX] in [XX].

Mr [CLIENT] supports his family of four on his Austudy allowance and is simply not able to afford private rental.

We understand from conversations with [NAME], [CLIENT’S] SHASP worker, that Mr [CLIENT] and his family (which includes a new born baby) would suffer extreme hardship if they were evicted from the above property. SHASP have spent considerable time assisting Mr [CLIENT] in seeking accommodation for him and his family. Most recently [XX] Community Housing stated that once evicted the only accommodation available to the family would be rooming house. This would not be appropriate accommodation for a family with a new born baby and a two year old.

SHASP have assisted the family with an application to [XX] Housing Association. The [CLIENT] family also has a current public housing application with an effective date of [XX]. As you know, the [CLIENT] family will be waiting many years before a property becomes available through either of these applications.

Given the above, Mr and Mrs [CLIENT] and their two children will be homeless if they are evicted from the property.

Application of the Charter of Human Rights and Responsibilities Act 2006 (Vic)

In light of the above information, we refer to the Charter of Human Rights and Responsibilities Act 2006(Vic) (Charter). As a public authority, the Charter requires the Director of Housing act in a way that is compatible with human rights and to give proper consideration to the human rights impact of any decision to remove the [CLIENT] family from the property (section 38).

In the current circumstances the following Charter rights are engaged:

  • Section 13, Privacy and reputation: A person has the right (a) not to have his or her privacy, family, home or correspondence unlawfully or arbitrarily interfered with.
  • Section 17, Protection of families and children:(1) Families are the fundamental group unit of society and are entitled to be protected by society and the State; and (2) Every child has the right, without discrimination, to such protection as is in his or her best interests and is needed by him or her by reason of being a child.

Thehealth, safety, security and happiness of the [CLIENT] family would be significantly affected by their eviction from the property. The decision to proceed with the eviction would leave the family homeless and extremely vulnerable. It would cause them to be disconnected from supports and it is highly likely that Mr [CLIENT] would have to abandon his studies.

Alternatives to evicting the [CLIENT] family

As mentioned above, we understand that the Housing Office have obtained a Possession Order in respect of the property, which expires on [date]. It appears that Mr [NAME] will not be able to return to Australia prior to the expiry of the Possession Order and therefore will not be able to complete the rebate forms and engage with the Housing Office about his tenancy before this date.

We invite the Housing Office to meet with the [CLIENT] family, the HPLC and [SHASP / WORKER] urgently, to discuss the possibility of extending the family’s residence at the property pending Mr [NAME]’s return to Australia (which we anticipate will occur within the next six weeks).

We request that the Housing Office considers alternatives to evicting the [CLIENT] family. In particular, we request that the [CLIENT] family be permitted to stay in the property pending Mr [NAME]’s return.

[INSERT REQUESTS BASED ON CLIENT’S INSTRUCTIONS – FOR EXAMPLE, TENANCY TO BE TRANSFERRED INTO CLIENT’S NAME]

Given the urgency of the matter, please let me know your response to this letter by 5:00pm on [DATE].

Yours sincerely,

[VOLUNTEER LAWYER]