Direct service, in the form of tenancy advice, advocacy and representation on behalf of tenants, continued to be a key element of TAS' work. As with previous years, this included:
TAS' direct service work during 1998/99 continued the trend of recent years to focus more on complex and ongoing tenancy issues. TAS' work has also increasingly involved providing support, advice and resourcing to community workers in other agencies to assist with their advice and casework with tenants.
TAS aims to enable tenants to resolve issues without the need for legal intervention wherever possible and appropriate once advised of tenancy rights and responsibilities. Tenants (or workers in other agencies assisting a tenant) are encouraged to pursue their own resolution once advised of their rights and responsibilities. In most instances tenants are able to achieve a satisfactory outcome without the matter proceeding to Court. This is reflected in our tenancy problem type statistics which show that 6% of our work involved court and other disputes.
The graphic on the previous page illustrates what TAS tries not to do (patronise and "take over" the clients' problem without their involvement) and what TAS' seeks to do in its direct service work (to enable clients to know and enforce their rights and act as a resource for people). Our work with people also seeks to be developmental. We seek to work with people to develop their own skills for future use and increased autonomy. Within this we also recognise that many people require the services of an advocate due to systemic barriers and to help address power imbalances.
If tenants are not able to resolve a matter by negotiation, or with TAS or another agency's assistance, TAS will assist the tenants to pursue or defend an action themselves. Such forums include the Local Court, the Homeswest Appeals Mechanism, the Equal Opportunity Commission and/or the Ombudsman. TAS also resources community workers to pursue such actions on behalf of tenants.
Due to demand for casework assistance exceeding TAS' limited resources, services are targetted to tenants who face the greatest disadvantage in the rental market including:
An overview of the key issues and activities for 1998/99 is provided below.
The statistics produced for the Annual Report and for other TAS reports are based on information collected through the National Information Scheme (NIS). NIS is a computerised data collection system introduced in 1995 as a requirement of all community legal centres funded through the Commonwealth Department of Legal Aid and Family Services (now Family Law and Legal Aid Division (FLLAD)).
There is a national disclaimer for statistics produced by NIS due to continuing problems with NIS data standards: "As there is still not an acceptable level of confidence in the validity of NIS data, the statistics included in this report indicate a trend only." The statistics provided in this report are, therefore, qualified and analysis of client statistics is limited.
As a result of ongoing problems NIS is planned to be replaced by a new statistical database in the year 2000. We have yet to learn if the new system will overcome the reliability issues encountered with NIS.
As NIS was developed for generalist community legal centres, rather than tailored to suit particular centres, TAS has found it useful to collect additional statistics such as the average length of advice calls and the number of information sheets provided. These statistics supplement the NIS data, providing additional indicators of our activities and assisting with evaluation of our services.
The table below compares the total numbers of clients assisted and new clients for 1995/96 through to 1998/99. The table shows a decrease in clients assisted and new clients for 1998/99 compared to the previous year but an increase from 1995/96. Although, other tables in this section indicate a maintenance of advice and advocacy activities throughout the year. This variance can be attributed to increasingly complex and longer term casework reducing the number of clients assisted and new clients.
| 1995/96 | 1996/97 | 1997/98 | 1998/99 | |
|---|---|---|---|---|
| Total Clients Assisted | 1464 | 1688 | 1889 | 1679 |
| Total New Clients | 1409 | 1583 | 1693 | 1409 |
Source: NIS data.
The table below provides a breakdown of TAS' clients for 1998/99, 1997/98 and 1996/97. It shows that the majority of clients were tenants and that a significant number were community organisations, and that the proportion of community organisation clients has increased. TAS expects this trend to continue in 1999/00 through its Resource Unit role under the tenancy network.
| Client Type | 1998/99 | 1997/98 | 1996/97 |
|---|---|---|---|
| Tenant - Individual/Couple | 86.8 | 86.8 | 74.6 |
| Organisation | 10.8 | 10.7 | 8.6 |
| Not Supplied | 2.4 | 2.5 | 16.8 |
Source: NIS data.
Further specification of NIS codes in 1998/99 enabled TAS to distinguish the type of tenancy for its clients. When an analysis of tenancy type by problem type for all activities (advice and casework) was undertaken it revealed that the majority of activities overall related to private tenancy (85%), activities for public rental were 12% and for other tenancy types (community housing and boarder and lodgers) were 3%.
However, approximately 50% of TAS casework activities related to public rental. This trend is discussed further under Casework in this section.
Telephone Advice remains the major form of TAS' direct service delivery. TAS operated three services in 1998/99. These were:
The telephone advice lines were staffed on a roster basis primarily by the Tenant Advocate and Solicitor assisted by the Community Legal Education on an ad hoc and as needs basis, and to a lesser extent the Coordinator. Social Work students on placement at TAS also assisted significantly in staffing the advice lines. The involvement of all staff in advice work assists to ensure that TAS' work in the areas of policy and law reform are informed by day to day contact with tenants and the issues they face in the rental market. It is also an indication of the high priority given to ensuring that advice is available to tenants and community workers during the designated times and on a timely call back basis.
TAS places a high priority on ensuring that advice is available to tenants during the designated times. In 1998/99 TAS achieved 97% coverage of the Advice Lines, exceeding the Strategic Plan target of 90% coverage for the year.
The table below compares the number of telephone advice activities, average length of advice, problems/matters assisted for advice activities and tenancy sheets disseminated for the annual period 1995/96 through 1998/99. Each activity occurred on a separate occasion but may involve the same client. Clients include tenants and community workers. Casework statistics are discussed separately.
| YEAR | TOTAL NUMBER OF TELEPHONE ADVICE ACTIVITIES | AVERAGE LENGTH OF ADVICE (MINUTES) | TOTAL PROBLEMS TYPES ASSISTED FOR ADVICE ACTIVITIES | AVERAGE NUMBER OF PROBLEM TYPES PER ADVICE ACTIVITY | TOTAL NUMBER OF TENANCY SHEETS DISSEMINATED | AVERAGE NUMBER OF SHEETS PROVIDED PER ADVICE ACTIVITY |
| 1998/99 | 1796 | 20.5 | 4449 | 2.5 | 7067 | 3.9 |
| 1997/98 | 1738 | 18.5 | 4063 | 2.3 | 6921 | 4.0 |
| 1996/97 | 1631 | 18.1 | 2979 | 1.8 | 7673 | 4.7 |
| 1995/96 | 1335 | 19.0 | 2052 | 1.5 | 5 200+ | 3.8 |
Source: NIS data and TAS statistics.
1998/99 figures show that TAS' telephone advice activities are slightly above the previous year. Also, that the last two years' activities are significantly greater than the two years previous. This may be attributed to two factors. Firstly, improvements in the recording of individual activities and discrete problems that arise within each activity. Secondly, the increasing complexity of matters being dealt with by TAS through its telephone advice services. The latter may also be attributed in part to the community education and training work undertaken by TAS. This has resulted in more community workers dealing with straightforward tenancy queries themselves and referring more complex cases to TAS.
Recording of the advice provided for each activity and dissemination of information to tenants is critical for internal monitoring of service provision and for accountability and professional indemnity purposes. Positive evaluation results, feed back from funding bodies, and TAS' good professional indemnity record support this work. At the same time administering this work is labour intensive, and TAS maintains that dissemination of information and maintenance of advice records would be better met through additional administrative support.
An independent evaluation of TAS' Advice Line was undertaken by Norah Hosken during the latter part of 1998/99 using an evaluation tool developed and used the previous year. Results of the Evaluation were extremely positive and the report is available from TAS on request.
In addition to telephone advice, TAS provides face-to-face advice and information to a number of tenants who 'walk-in' to the office without an appointment or prior contact (see the table below). Many of these 'walk-in' tenants require immediate advice to deal with their tenancy problem and ongoing casework assistance. Some are provided initial information and encouraged to call the public advice number if they require additional information or advice. Tenants frequently cite the reasons for walking in as not being able to get through on the telephone and the urgency of their problem. This is borne out by Advice Line Evaluation results for the last three years which identified accessibility as an area of concern.
| YEAR | TOTAL NUMBER OF FACE TO FACE INFORMATION AND ADVICE ACTIVITIES | TOTAL NUMBER OF PROBLEM TYPES FOR INFORMATION AND ADVICE ACTIVITIES | AVERAGE NUMBER OF PROBLEM TYPES PER INFORMATION AND ADVICE ACTIVITY |
| 1998/99 | 165 | 440 | 2.7 |
| 1997/98 | 198 | 469 | 2.3 |
| 1996/97 | 193 | 382 | 2.0 |
| 1995/96 | 109 | 178 | 1.6 |
Source: NIS data.
(Note: These figures do not include tenants who are referred for casework assistance internally or by another agency).
TAS continues to provide regular advice and assistance to a number of community agencies who themselves work directly with tenants. These include:
Rather than accept automatic referral of clients with tenancy problems from community agencies, TAS encourages workers to assist the tenant and to utilise TAS specialist knowledge where necessary. In this way, TAS assumes the role of 'consultant' to the community agency rather than caseworker with the tenant. Tenants are only referred to TAS where the agency is unable to assist the tenant and TAS has the resources to take on the case. This approach is seen as beneficial in a number of ways:
A limiting factor in using this approach is that community agencies are generally not funded to deal with tenancy specific issues (only one other agency in WA was funded for tenancy specific work) in 1998/99. This necessarily limits the amount and type of work that other community agencies can undertake in relation to tenancy.
This model of service delivery reflects the network model proposed by TAS and implemented by the Ministry of Fair Trading in 1999/00. Funding of the network model will enable TAS to enhance this important role and refine its resource function to locally funded tenancy services as well as continue our work with other community agencies.
The table below provides a comparison on the assistance to community agencies and the number of problems/matters assisted for 1995/96 through to 1998/99. Activities include information, advice and case assistance. The figures show an increase in activities for organisations and reflect TAS' increasing emphasis to train community workers and assist them to assist tenants they are working with. This is also indicative of TAS' increased and strengthened links with a number of community organisations and their workers.
| YEAR | NUMBER OF ORGANISATION CLIENTS | TOTAL NUMBER OF ACTIVITIES FOR ORGANISATIONS | AVERAGE NUMBER OF ACTIVITIES PER ORGANISATION |
| 1998/99 | 180 | 806 | 4.5 |
| 1997/98 | 199 | 506 | 2.5 |
| 1996/97 | 143 | 265 | 1.9 |
| 1995/96 | 44 | 61 | 1.4 |
Source: NIS data.
Casework is a major activity of TAS in recognition of the disadvantage faced by a number of tenants in resolving their tenancy problems, and as a means of trying to address the power imbalance between tenants and the landlord. Casework guidelines have been developed to help TAS target its limited resources to identified groups and tenancy issues. These will be refined in 1999/00 to reflect TAS' change in role to a Resource Unit and a shift in focus to more specialised and public interest cases with local tenancy services undertaking general casework with tenants. TAS has promoted its guidelines to these services as a way of promoting effective targeting.
The following table shows the number of cases opened and closed in each year for the years 1995/96 to 1998/99 as well as the number of cases ongoing at the beginning and end of the period. Adding the cases opened and cases ongoing at the start of the period also provides the total cases worked on in each year.
| Number | 1995/96 | 1996/97 | 1997/98 | 1998/99 |
|---|---|---|---|---|
| Cases Opened | 183 | 257 | 265 | 258 |
| Cases Closed | 155 | 208 | 227 | 363 |
| Ongoing at Start of Period | 50 | 78 | 127 | 165 |
| Ongoing at End of Period | 78 | 127 | 165 | 60 |
| Total Cases | 233 | 335 | 392 | 318 |
Source: NIS data.
The figures indicate an increase in caseload in 1996/97. This can be attributed to increased staffing with the employment of a full-time Solicitor in November 1996. Cases for 1998/99 were down from the previous year. This is attributable to the cases handled by TAS being more intensive as well as efforts to reduce our case intake and load in the final quarter in preparation for the change in service under the tenancy network.
The next table provides a comparison of case assistance type for the last two years. Whilst overall case assistance is less for 1998/99 than 1997/98 the case assistance levels were similar and greater in some areas in 1998/99. Again, an indication of the more extensive and complex casework undertaken by TAS. Of note is that representation and appeal lodgement activities were reduced. This reflects that under the RTA TAS may only represent tenants with permission of the magistrate and in our experience this only occurs in some Homeswest matters where the magistrate accepts the client is disadvantaged. It may also reflect that other community workers picking up on this work with tenants following training with TAS as well as greater success in negotiating and advocating leading to less need for representation in many cases.
Some case examples are provided in the following section to illustrate the nature of TAS' case assistance on some different issues.
| CASE ASSISTANCE TYPE | FREQUENCY OF ASSISTANCE 1997/98 | FREQUENCY OF ASSISTANCE 1998/99 |
|---|---|---|
| Advocacy | 171 | 179 |
| Alternative Dispute Resolution | 4 | 9 |
| Appeal Lodged | 22 | 16 |
| Assist Client To Take Own Action | 173 | 411 |
| Briefs Out | 3 | 7 |
| Court Action - Initiate | 13 | 20 |
| Court Action - Defend | 31 | 35 |
| Draft Document | 81 | 74 |
| Draft Letter | 188 | 240 |
| Negotiation | 160 | 176 |
| Research | 88 | 70 |
| Representation | 29 | 9 |
| Test Case | 3 | 2 |
| Welfare Casework | 42 | 28 |
| Mediation | 5 | 5 |
| Other | 134 | 88 |
Source: NIS data.
The following figure provides a breakdown of the tenancy problem types by percentages for all forms of assistance in 1998/99.
Major problem areas for tenants are discussed below with case examples.
In other areas, the trends and issues experienced by tenants show some shifts from previous years. In particular Court and Other Disputes (up 4%) and Repairs (up 3%).
Public Housing continued an upward trend, up 2% from the previous year and 5% from 1995/96. It is important to note that this area of work, while small in overall service terms, constitutes a high proportion of casework assistance. Approximately 50% of all TAS' casework, and the vast majority of major casework, are in relation to Homeswest issues. This is significant given that public housing rental is approximately 5% of all households and private renters are more than 20% of all households. This indicates the increased targeting of public rental to people based on need. It is also a reflection of Homeswest's more stringent management practices and that many tenants need intensive assistance and advocacy to manoeuvre the Homeswest bureaucracy and its increasingly restrictive policies.
Privacy and security issues continue to be of concern for many tenants. Recent publicity about "home invasions" has raised tenants' awareness of the need for good security and led to their seeking advice on their rights in this regard. Similarly, insurance companies' refusals to insure home contents without deadlocks and window locks has prompted tenants to seek advice in this area.
Once again, advice in relation to termination of tenancies represents almost one in four, or 24%, of the advice provided. This is a slight decrease from 1998/99 (25%), but nevertheless represents the most frequent type of advice sought and provided.
Case Example 1
Mr J received a letter from his landlord's solicitor instructing him in very heavy handed terms to vacate the premises. TAS responded to the solicitor on behalf of Mr J and no further action was taken. Subsequently TAS assisted to negotiate termination by mutual consent.
Case Example 2
A community organisation rang TAS for urgent assistance for one of their clients who had just rung them. The police were at the client's rental premises assisting the owner with eviction. TAS immediately rang the client and ascertained that there was no Court Order in relation to termination of the tenancy. The client asked the policeman to come to the phone, and TAS was able to inform the officer of the provisions of section 80 of the Residential Tenancies Act and of Police Standing Orders in relation to eviction from rental premises. The police promptly instructed the owner to immediately leave the premises. TAS followed up with a letter to the Commissioner of Police asking that the Standing Orders be brought to the attention of all Officers.
Of continuing concern to TAS is Homeswest's use of "anti-social behaviour" and "standards" as reasons to evict public housing tenants. It is TAS' experience that the tenants primarily affected by such evictions are Aboriginal. Also of concern to TAS and other community agencies is the apparent tightening of Homeswest's requirements for tenants, which has led to a decreased willingness to negotiate with tenants about terminations, and /or an increase in the amount of time taken to resolve the dispute.
Case Example 3
Ms M had a Homeswest tenancy under a fixed term agreement, because Homeswest identified her as a problem tenant. She rang TAS when her accommodation manager told her she had to move out because Homeswest was not going to renew her tenancy. However, TAS identified that Homeswest had passed the limitation date for termination and subsequently negotiated a secure tenancy and for maintenance and repairs to be carried out to the premises. This case alerted TAS to the potential for Homeswest policy in relation to fixed term tenancies to breach tenants' rights to natural justice/procedural fairness. TAS will continue to pursue this issue.
oarders and lodgers face additional problems in relation to termination, as the distinction between a boarder/lodger and a tenant is not always clear. It is however a crucial distinction to make, as boarders and lodgers (unlike tenants) are not afforded protection under the RTA. This means that TAS time can be spent preparing cases which may never be heard if the Court decides that the client is a boarder/lodger, rather than a tenant. With the lack of other legislation TAS takes an inclusive approach in assisting this group. We promotes a broad interpretation of the definition of a residential tenancy agreement under the RTA where one can be argued to exist and advocates for the onus to be placed on the owner to show that the RTA does not apply. The need for legislative protection for boarders and lodgers is an issue TAS will continue to pursue.
For tenants living in caravan parks, the RTA provides some protection. However, the RTA was not designed for tenants who, for example, own their own mobile home (which is seldom mobile at all), but rent the site. For these tenants termination can result in considerable expense as they may be forced to sell or relocate their home in order to comply with a termination order.
Case Example 4
Mrs A owned her own caravan but rented the site on which her caravan was situated, she had a periodic tenancy agreement and was covered by the RTA. Over several years, Mrs A had invested considerably in establishing a garden, laying slabs, and erecting an annex. The owner of the Caravan Park asked her to relocate to a different site, when she declined she was issued with a sixty day termination notice. A resolution was negotiated but the case highlighted unintended negative consequences of bringing Caravan Parks under the Residential Tenancies Act. TAS will continue to pursue caravan park issues.
An ongoing issue is that although landlords are able to terminate a tenancy due to their own hardship, the same option is not available to tenants (although new legislation in other states does allow for this). This can create particular difficulties for certain tenants such as women escaping domestic violence, who may be forced to leave a tenancy before their tenancy agreement expires. Currently, such tenants face considerable difficulties ending their tenancies.
Case Example 5
Mr N had to terminate his fixed term tenancy because he was relocating interstate due to work commitments. There was no scope for Mr N to apply to have his tenancy terminated due to hardship. Before he left WA, the premises were occupied by new tenants, found by Mr N and approved by the Real Estate Agents. However, the new tenancy did not work out and the Agent claimed compensation from Mr N through the Court. An order was secured before Mr N was notified of the claim. Unlike many tenants who find themselves in this situation, Mr N was fortunate that his job allowed him to travel back to WA to have the order set aside. TAS assisted Mr N with legal advice and information to assure this positive outcome.
Advice in relation to bond issues also decreased slightly for this year, ie. from 18% in 1996/97 to 16% in 1997/98. There are a number of possible reasons for this decrease:
Bond issues remain a primary problem for tenants, however it is important to acknowledge that prior to 1994/95 bond issues represented the major issue being referred to TAS. Clearly there has been some progress in this area.
Case Example 6
Mr T had a typical bond dispute - his bond money had not been lodged correctly and the owner was refusing to return it, saying that there was minor damage and that the premises required professional cleaning, and that although the carpets had been cleaned, they needed to be done again. TAS assisted Mr T to prepare for his bond dispute hearing by assisting him with the necessary documentation; by providing him with advice and information about arguments successfully used in previous cases; and through discussions on how to prepare and what to expect on the day. Mr T recovered his bond money.
Repairs are the next most common advice type at 13%, which is higher than 1997/98 at 10%. Repair issues relate to owner's failure to carry out repairs and/or to lengthy delays in repairs being undertaken. TAS' experience is that failure to carry out repairs continues to make it difficult for many tenants to secure a reasonable standard of living.
Case Example 7
The E family (mum, dad and 2 kids) are all hearing impaired. They have lived in the same old Homeswest house for many years and the place was in great need of maintenance and repairs. For example, it needed restumping so badly the floors had developed slopes, which gave the family members a feeling of seasickness. Homeswest maintained the house was in reasonable repair. TAS corresponded with the family via facsimile, and arranged for an inspection with an officer of the Local Council and an interpreter; followed by a second inspection with Homeswest and an interpreter. Although the family experienced some delays, with continuous follow up, Homeswest brought up the house to a reasonable standard.
Of concern is an apparent increase in the number of landlords "contracting out" of their duty to carry out repairs. This means that they modify or restrict their obligation to ensure premises are maintained in a reasonable condition, and may put the onus on the tenant to bear the cost of repairs.
Case Example 8
Mr and Mrs B had come to WA from Europe for work and study purposes. They stayed in a hotel until they saw an advertisement for a unit that they thought would meet their needs. They inspected the property and went to the agent's office to negotiate a tenancy agreement. They were told that tenancy agreements were standard in WA and that they should sign the document immediately to secure the tenancy. After they moved in they noted the need for some maintenance. However, when they approached the agent about the work he pointed out to them their tenancy agreement obliged them to do the work. They felt they had been misled and TAS assisted them to make a complaint to the Real Estate Agent's Supervisory Board, however the REASB declined to take any action. They maintain that they have no powers to intervene in agent/tenant issues, as the real estate contract for services is with the owner not the tenant. TAS will be raising this issue and seeking redress for tenants with a complaint about an agent's conduct.
With respect to public housing, TAS is concerned about Homeswest's policy of carrying out only minimum work if premises are earmarked for redevelopment in the future. This had led to difficulties for a number of public housing tenants. Also of difficulty for public housing tenants is Homeswest's continuing inability to ensure that their contractors provide proper notice before attending premises to carry out routine maintenance and repair work. This issue was pursued during 1998/99 and Homeswest has now established guidelines for the provision of notice to tenants.
Case Example 9
Ms J's Homeswest premises were in extremely poor condition. They had been subject to vandalism, the roof leaked and there were ongoing plumbing problems. Homeswest refused to repair the premises because they were earmarked for demolition under the redevelopment program. Ms J was on the waiting list for transfer but because she had an existing debt to Homeswest, her transfer was delayed for many months, leaving her and her children living in substandard housing.
TAS continued to experience significant unmet need for its services with 8459 unanswered call recorded on its advice line. There were also many occasions were TAS was not able to respond to a request by a tenant or agency to take on a new case. It is hoped that increased funding for tenancy services and the establishment of new services in 1999/00 will help address at least some of the unmet need. As part of the pilot funding program a component of TAS' work in 1999/00 will be to gather data on the need for services.