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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-06-17 Daily Xml
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Tenancies Mediation

The Hon. D.G.E. HOOD (15:12): My question is to the Treasurer. Can the Treasurer outline whether he has any information about the number of disputes between landlords and tenants that have been referred to the Small Business Commissioner for mediation in recent times?

The Hon. R.I. LUCAS (Treasurer) (15:12): I am happy to take that question on notice, but certainly, I think about a week ago—

The Hon. E.S. Bourke: It's like they need to run down the clock.

The PRESIDENT: Order! The Hon. Ms Bourke, ask a question if you get a turn at some stage, but be silent otherwise.

The Hon. R.I. LUCAS: If I can get any updated information I am happy to convey it to the honourable member, but I was advised about a week ago by Treasury, because I was interested to know, given the concerns that had been expressed to many of us in relation to the potentially significant number of disputes between landlords and tenants as a result of COVID-19 and the inability for many tenants to be able to pay rent and the concerns that not only the tenants had but also the landlords had in relation to it.

As the members will know, we rushed legislation through the parliament and we had a very long debate about the provisions of the arrangements that would arise between landlords and tenants. Put simply, there was the capacity, ultimately, hopefully for most of these issues to be resolved between the landlord and the tenant with the guidance that was ultimately voted upon by the parliament. Secondly, if that was incapable of resolution, there was the option of mediation by the Small Business Commissioner. Then, thirdly, there is the capacity to eventually go to court.

The advice I received about a week ago was that there were roughly only about 30 to 40 potential disputes between landlords and tenants that had been referred to the Small Business Commissioner for mediation. The cautionary note at that particular time was that that clearly may well mean that there are still further disputes that will arrive with the Small Business Commissioner as attempts at resolution between the landlord and the tenant prove fruitless, and that therefore this shouldn't be a final indicator of the total number of potential cases.

I would have to say that if at this particular stage we were, a week ago, looking at around 30 to 40 cases, that is a positive sign that the legislation this parliament ultimately voted upon may well have been sufficient in and of itself to resolve many of the potential disputes between landlords and tenants, and that hopefully there is a relatively small number of disputes that end up having to be mediated and an even smaller number that have to be resolved by the court in the end.

I hasten to say that it is still early days, but the early signs are that the legislation the parliament approved has so far proved to be quite successful.

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