Housing Tasmania has appealed the decision of Parsons v Director of Housing [2018] TASSC 82 which was handed down in early December 2018. The importance of the Parsons decision was the Supreme Court’s finding that, in effect, all public housing tenants have to be provided with the reasons for their eviction as well as being provided with an opportunity to remedy the breach and stay in their home.

The case concerned an intellectually disabled man who was being evicted into homelessness from his Housing Tasmania home after ten years. Despite asking for reasons for his eviction and a right of review, Housing Tasmania stated that it was because his lease was ending.

We are very concerned that Housing Tasmania continues to circumvent their own “best practice tenancy management principles” including “ensure natural justice by making tenants aware of problems honestly and giving them an opportunity to refute an allegation, remedy a breach or negotiate a resolution” and “maintain a commitment to secure housing and use eviction as a last resort”.*

The appeal to the Full Court of the Supreme Court is likely to be heard in March 2019.

*Housing Tasmania ‘Behaviour in Housing Tasmania Properties Policy