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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-09-18 Daily Xml
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HOUSING SA

The Hon. R.L. BROKENSHIRE (15:24): I seek leave to make a brief explanation before asking the Minister for Communities and Social Inclusion questions with regard to tenant damage to Housing SA premises.

Leave granted.

The Hon. R.L. BROKENSHIRE: On the last Tuesday of sitting, the minister tabled the following and informed the house that 'Approximately $6,740,000 of the total customer debt relates to charges for property damage.' That is $6.7 million of the total $19.726 million of tenant debt in the last Housing SA annual report. When these figures were explored further by the Today Tonight program last Tuesday, the minister declined to be interviewed and Mr Brendan Moran—a man I feel terribly sorry for as the government pushes him out to take the fire on these issues—made this statement:

Three strikes, you're out policy was put in place by the Government a number of years ago and it has led to quite an increased number of evictions.

I recall, Mr President, that you did not agree that the government had a three strikes policy when I put it to this place some time ago. Mr Moran also said some of the tenants have alcohol and drug dependency and they work with other support agencies to make their tenancies sustainable. My questions of the minister are:

1. Can the minister explain the workings of the 'three strikes, you're out' policy to this chamber and the statistics on evictions pursuant to that policy and other outcomes since its inception, whenever that was?

2. Is tenancy in Housing SA properties a right or a privilege?

3. What message does the minister have for the 20,000 people on the waiting list when current tenants, some of whom destroy properties and leave taxpayers with tens of thousands in clean-up bills, are given another property?

The Hon. I.K. HUNTER (Minister for Communities and Social Inclusion, Minister for Social Housing, Minister for Disabilities, Minister for Youth, Minister for Volunteers) (15:26): I thank the honourable member for his most important questions. It is well known that it is Housing SA's policy that the tenant of a Housing SA property is responsible for all non-fair wear and tear repairs to their rental property. Fair wear and tear is any deterioration of or damage to a property that arises from age and reasonable use of the property. Non-fair wear and tear is any deterioration of or damage to a property as a result of wilful, reckless, neglectful or deliberate actions by a tenant, including household members and visitors, that did not arise out of or was not in connection with the reasonable use of a property.

When tenants occupy a Housing SA property they sign a conditions of tenancy lease, in which the tenant agrees to give notice to Housing SA of any damage, blockage, breakage or defect in or around the property which is not the result of fair wear and tear as determined by Housing SA. When the deterioration, damage or loss is determined as non-fair wear and tear the cost of the maintenance will be charged to the tenant. Tenants have the opportunity to have the damage repaired themselves by a licensed contractor or have Housing SA fix the issue and charge them for the maintenance cost.

Tenants are charged for damage which is accidental. If someone puts a hole in the wall with a ball while playing inside or the lawnmower flicks up a stone which breaks a window the tenant will be responsible to have the repairs done and paid for or, as I said, have Housing SA fix the problem and charge them for the cost. If tenants have damage done as a result of a break-in or by someone where the tenant involves the police, e.g. domestic or family violence situations, then Housing SA will use the police report number to rebate any charge to the tenant. In some cases, where the perpetrator can be identified, the charge will be passed to them.

Tenants who do not pay the charge for damage or fail to arrange to pay the debt off over a period of time will be referred to the Residential Tenancies Tribunal for an eviction order. Applicants who refuse to pay their debts owed to Housing SA are not considered for housing, no matter which category they are assessed for. So, even category 1 applicants will need to have or maintain a repay arrangement on their debt prior to being considered for a housing offer. Housing SA does not have a system to differentiate between the levels of damage caused by tenants. We take a very hard line between wilful damage and fair wear and tear damage.

The term 'trashed' is often used but it is reasonably subjective, and what is considered trashed by one person could be quite different for another. However, Housing SA has very clear guidelines that we use in assessing damage to properties. What can be measured as damage to property if it is wilful, reckless or deliberate will result in the firmest response from Housing SA. Last year Housing SA evicted 15 people for wilful or reckless property damage via the Residential Tenancies Tribunal.

These evictions were not based solely on the cost of repairs but by the intent shown in relation to damaging the property. In 2010-11 Housing SA had 42 properties where the cost of repairs to the property was between $5,000 and $10,000. It also had five instances where the cost of repairs exceeded $10,000. In 2011-12 there were 72 properties in the $5,000 to $10,000 range and 12 which exceeded the $10,000 level.

When assessing tenants for rehousing, Housing SA takes into account their debt and how it was accrued. If the tenants are reapplying for a Housing SA property after being evicted for property damage, Housing SA will request support services be put in place to determine whether the tenants are capable of independent living. There is no three strikes policy in relation to damaging of Housing SA properties or in relation to tenant debt. The three strikes policy relates to disruptive behaviour by tenants.

The Hon. R.L. Brokenshire interjecting:

The Hon. I.K. HUNTER: The Hon. Mr Brokenshire says 'Oh!' Well, the Hon. Mr Brokenshire needs to actually understand what the policy is. We have a three strikes policy and it relates to disruptive tenancies, not to damage, and the Hon. Mr Brokenshire should know better. He should not come into this place and try to ascribe to others wrongful information. I am trying to give him advice. He should listen to it and not make these errors on radio into the future.

The Hon. T.J. Stephens interjecting:

The Hon. I.K. HUNTER: The Hon. Mr Stephens says I should give him a slap, but Mr President knows that I do not resort to violence in the chamber.

Members interjecting:

The Hon. I.K. HUNTER: Let me come back to the issue at hand. Where tenants are found to have demonstrated that they are incapable of living independently, they are instead referred to supported living facilities rather than being housed independently by Housing SA. Several years ago Housing SA changed the conditions of tenancies for tenants receiving a new allocation of housing. These new tenants are now placed on an original probationary lease and then placed on fixed term leases of either 12 months, two years, five years or 10 years. Tenants who abide by the conditions of tenancy are offered extensions to their fixed terms, whereas tenants who are not abiding by their lease can have their fixed term reduced or Housing SA can choose not to extend their lease further and terminate their tenancy based on those breaches.

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