WA Govt tenancy laws leave landlord in limbo

The extension of laws protecting tenants from being evicted during COVID-19 has been slammed, with a Mid West grandmother claiming she has been left homeless because of the temporary regime. Leading up to her Geraldton tenant’s lease expiring in late November, 64-year-old Aileen Trant wanted to move into her Geraldton property after realising her dream of travelling around Australia in a van, picking fruit to make money along the way. Before her journey, she rented out the house she had bought from the sale of her Eneabba family farm as a single empty-nester and planned to be away for two years, until the coronavirus struck and cut her trip short. But the State Government’s extension of the Residential Tenancies COVID-19 Response Act emergency period from the end of September until March 28 kept laws, including the moratorium on rent increases and termination of tenancies, in place. This stopped Ms Trant from returning to the property, even after taking the matter to court, with the former wheat and sheep farmer resorting to living in her van on family members’ driveways, who were split throughout the Mid West and Perth, unable to stay in one place to find work. “Living life in limbo is extremely hard ... financially, things are tough. I haven’t got a job but thankfully I will survive,” she said. “I’m not just worried for me, but for other people. “Landlords are not always wealthy, I think that’s a misconception people have that just because you own a property you can rent out, you are wealthy. “Although I was declared a low income earner and having a low superannuation balance, I am not eligible for JobSeeker as I have too many assets, which I am unable to sell or live in.” Ms Trant’s Magistrate’s Court application to claim back her Geraldton property was unsuccessful, despite the tenant not submitting any evidence of financial hardship caused by COVID-19. Her rental contract with her tenants living in her Perth property in Forrestfield does not expire until June. But just before Christmas, Ms Trant’s Geraldton tenant surprised her with news she would be moving out in late January. “When (the Government) put it in place it was probably the right decision but things have changed, and that’s a long time for homeowners not to have access to their homes if they wish to,” she said. “How many of these people who have stayed in houses actually lost their jobs? “None, in my case, but they were still protected by it and it’s frustrating they can (potentially) damage your house or not pay rent.” Real Estate Institute of WA president Damian Collins said Ms Trant’s situation was a result of poor planning by the State Government. “So people who are not COVID-affected are going about their lives with this rent control ... so why would a tenant leave before the moratorium ends?” he said. “I think it’s purely politics why they decided to extend the legislation.” Consumer Protection retail and services acting director Trish Blake said while the courts had granted landlords access to their homes on the grounds of hardship in a number of matters, no application had been made to the Residential Tenancies Mandatory Conciliation Service in this case. “Mandatory conciliation was implemented to assist landlords and tenants reach agreement on such matters as the tenant vacating the premises if the landlord needed to move back into their property,” she said. “Even though this application has been refused by the court, it may still be able to be heard by the RTMCS.”