Can we agree?  Can tenant advocates and the rental industry find common ground?

Thursday 16 May 2013 – 2.30pm

Venue:    Minter Ellison | Level 22, Waterfront Place | 1 Eagle Street BRISBANE

This forum will explore the history of tenancy dispute resolution in Queensland, the strengths of the current QCAT system and what might be improved in the future.

Special guest speakers

Justice Alan Wilson | President | Queensland Civil & Administrative Tribunal

Stacey Holt | Company Director Real Estate Excellence Academy

Real Estate Educator and Advisor

Also the launch of the new TUQ online consumer video “Resolving Tenancy Disputes”

Who should attend:  tenants, lessors, housing providers, real state agents, tenant advocates and service providers interested in issues around housing and access to justice.

Cost:  Free to attend

Mid afternoon refreshments provided

Hosted by the Tenants’ Union of Queensland, Minter Ellison Lawyers and Queensland Association of Independent Legal Services (QAILS)

Click here to download the Flyer & Registration Form

Call for Premier to Review Funding Withdrawal as Tenant Service Closes

The Tenants’ Union of Queensland (TUQ) is calling on the Premier to urgently announce whether the government will fund advice and advocacy support services for tenants under the National Partnership Agreement on Homelessness (NPAH) following today’s announcement that the Cairns Tenant Advice and Advocacy Service (TAAS) is closing.

The Cairns TAAS service is the first to fall after the state government announced last year that it would discontinue funding to the TAAS Program, which supports the work of 23 organisations across the state.

The Federal Minister for Housing, Mr Mark Butler, has previously announced that tenant advice and advocacy services form a core requirement of the in-principle agreement with the states for the continuation of joint funding for homelessness services.

“The closure of the Cairns TAAS represents a loss of direct frontline services for tenants in the Cairns area”, said TUQ spokesperson, Ms Penny Carr.  “The TUQ is working to fill the gap from the loss of this service but we are also only funded until June 30”.

She continued, “We are calling on the state government to tell us whether they are going to fund any tenant advice and advocacy support services as part of the NHAP.  Our understanding is that the state government may be putting the entire package of homelessness funding at risk if they do not”.

”We have not been able to reconcile the state and federal government’s positions requiring tenant services to be funded under the NPAH” Ms Carr said.

“If the state is funding or implementing any tenant advocacy and support services now is the time to let us know rather than let services close’, said Ms Carr. “We want to be able to deliver uninterrupted services to tenants and to retain the expertise and corporate knowledge in our sector.’

The TUQ’s North Queensland based office has previously delivered a greater component of training and sector resourcing but with the TUQ’s own loss of long term workers following State Government cuts last year, they have focussed their work on direct services to tenants.

The TUQ acknowledges the valuable work of their colleagues at the Cairns TAAS.

We need your help to restore funding for TUQ and local tenant advice services. 

Emergency funding for the Tenants’ Union of Queensland (TUQ) and local tenant advice services  runs out on June 30, 2013.

Tenant advice services will close unless the state government restores funding. See Fair go for tenants to find out what you can do.

You can also download a sample letter and contact details here  TUQ supporters letter 2013

TUQ offers visit to correct Mander misunderstandings

The Tenants’ Union of Queensland (TUQ) today expressed deep concern for what appears to be misunderstandings regarding the role of the Tenant Advice and Advocacy Services (TAAS) program after Housing and Public Works Minister Tim Mander’s comments in parliament on Tuesday.

‘In the face of cutting the entire program of tenant advice and advocacy in the state, we are concerned that the Minister does not have the correct information about our services.  As such we would like to invite him to tour the TUQ and other tenancy advice services with us’.

The TUQ outlined several areas of concern regarding the Minister’s comments.

‘Firstly, there is no other program which provides tenant advice and advocacy, especially not the Residential Tenancies Authority’, said Ms Carr.  ‘The RTA has never helped a tenant write a letter, prepare their tribunal application, never appeared in the tribunal on behalf of a tenant.  And nor should they as an impartial body’.

‘If the Minister was thinking that any organisation can pick up the role of tenancy advice as an adjunct that would be concerning’, said Ms Carr.  ‘Tenancy advice is equivalent to paralegal work, requires expert training and support to deliver,and in our organisation is backed up by our in-house solicitors.We are not aware of any other agencies which think they can fill the void if the TAAS services cease functioning.  In fact, insurance would probably be an issue for services if they wanted to give tenancy advice’, continued Ms Carr.

The Minister also stated that the aim of the program is to advocate to get people into housing.

‘The TAAS program is aimed at helping people maintain their tenancies by understanding and asserting their rights and responsibilities, not helping people get into housing per se’, said Ms Carr.

The KPMG report referred to shows that many clients were helped to access housing, mainly social housing, but this is not the key or only function of the program.

The TUQ also responded to the Minister’s statement that 60% of the services’ core service outcomes were unresolved.

‘Our funders ask us to report on tenancy law outcomes for clients’, said Ms Carr. ‘The figure means that at the time of giving advice, such as helping someone prepare for a tribunal hearing, the outcome of the tenancy law matter is not known in 60% of the cases’, said Ms Carr.‘There is nothing untoward or unusual about that.  In fact, we think  if  recorded, when giving information the RTA would be unaware of outcomes 100% of the time’.

As for suggesting that the TAAS services are not cost effective, the KPMG report mentioned by the Minister found that the program is ‘effective in educating and equipping its clients………..and assisting them to maintain their tenancies.’

81% of clients interviewed said that the assistance provided helped to resolve their problems.  The other 19% were mostly tenants whose issue had not been finalised.  Every client indicated that the service helped them maintain their current tenancy or will help maintain ones in the future.

The report also found that “TAASQ workers are highly committed, often ‘go beyond the call of duty’ and continuously work at capacity in a high-demand environment” (p59).

The TUQ reiterated their call for the Minister to conduct a tour with them before pulling the cord on the guillotine.

(Source document:  Department of Housing (Queensland), Evaluation of the Tenant Advice and Advocacy Service Final Report, KPMG, December, 2008)

 Hansard Record:  page 932 http://www.parliament.qld.gov.au/documents/Hansard/2013/2013_04_16_DAILY.pdf#xml=http://www.parliament.qld.gov.au/internetsearch/isysquery/9cff0d0e-2aed-495c-82fc-056f88fec15b/1/hilite/

The Tenants’ Union of Queensland (TUQ) says that tenants have suffered a devastating blow after the Department of Housing advised 23 tenant services that the government has no plans to extend current funding agreements.

Essential tenant services were cut by the State government last year but were kept going to the end of June by emergency Federal funding.  Communities across the State have been calling on the government to reinstate funding from tenant bond interest to these services.

There are 500,000 renting households in the state, all of which the TUQ says will be left in a more vulnerable position if a funding commitment is not forthcoming.  Whilst supporting the government’s goal of increasing the social housing portfolio, the TUQ says it is a false dichotomy to set that decision against support for the 90% of renter households who live in the private rental market.

‘We call on Premier Newman to reconsider this decision and reinstate funding to tenant services’, said TUQ Statewide Coordinator, Ms Penny Carr.

‘Tenants should not be fooled that the Residential Tenancies Authority (RTA) can fill the gap,’ she continued.  ‘They will lose access to face to face services in their communities, they will have no one to review their documents, help them prepare for tribunal hearings or advocate for them to their lessor or agent.  The RTA does none of these things and nor can they as they must remain impartial’.

About 12% of the $41M in interest generated on tenants’ bond in the 2011-12 year was provided to the Tenant Advice Advocacy Service (TAASQ) Program, delivering services for tenants through 23 community organisations across the State.

‘Our services are virtually self-funded and this decision is like imposing an additional tax on tenants.  The government and industry ride on the back of tenants’ bond monies, gaining free services from the RTA without having to contribute anything.

If this decision stands, tenants lose the only services designed to meet their needs, based in regional communities across the State, at the expense of big government services.

The Queensland government decision to discontinue ongoing funding for tenant advice services funded under the TAAS program, including the Tenants’ Union of Queensland,  is a devastating blow for Queensland tenants.

Last year, the Newman government announced the discontinuation of the TAASQ program as of October 31.  Services would have already ceased except for the Commonwealth government’s provision of one-off emergency funding, keeping services operational until June 30.

The TAAS sector is made up of 22 local/regional tenant advice services providing telephone and face to face advice to renters in their area and the TUQ which provides tenancy law training and support to the local services, telephone and face to face advice to tenants.

The Tenants’ Union calls on tenants, and all those who support a fair rental sector for tenants, to contact their local member, the Queensland Premier, and the Housing Minister, and ask the government to reinstate funding and ensure the continuation of tenant advice services in Queensland.

Without these services Queensland will be the only state in Australia where tenants do not have access to advice and support.

Tenant advice services were mainly self-funded by tenants from the interest earned on tenant bond money held by the RTA. Without tenant advice services Queensland tenants will be left without a voice, and without access to advice and support to maintain their rental homes and ensure successful tenancies.

If you would like to support the campaign to reinstate funding to tenant advice services in Queensland visit savetenantservices.net.au to keep up-to-date with campaign news.

Check out the Tenants’ Union’s new video series  Tips for resolving tenancy disputes in Queensland   The video series includes information about tenant advice services, the RTA dispute resolution service, and information  about the role of QCAT in deciding tenancy disputes, including how to apply for a hearing or what to expect when you attend a QCAT tenancy hearing.

These videos  aim to assist tenants to resolve disputes and will hopefully help tenants feel better prepared and more confident if you need to go to the Queensland Civil Administrative Tribunal (QCAT) for a tenancy matter.

For more information about QCAT see going to the tribunal for a tenancy dispute  or look under “information for tenants”.

The Tenants’ Union  “Tips for resolving tenancy disputes in Queensland” videos cover:

1. An overview of the tenancy dispute process, including information about free tenant advice services.
2. The role of the Residential Tenancies Authority (RTA) Dispute Resolution Service.
3. The role of Queensland Civil and Administrative Tribunal (QCAT) in hearing tenancy matters and deciding tenancy disputes.
4. Show how to lodge an application with QCAT, if you need to go apply to QCAT for a tenancy hearing.
5. Include tips for tenants on how to prepare, and what to expect, if you need to attend a QCAT tenancy hearing.

QCAT  information and forms are also available from the QCAT website at www.qcat.qld.gov.au .

The Tenants’ Union of Queensland (TUQ) has made representations to the Queensland government for specific funding to ensure tenants’ interests are represented in the current review of Queensland tenancy laws.  In 2012 the  Qld government cut all funding for the Tenants’ Union and local Tenant Advice and Advocacy Services (TAAS).

The Tenants’ Union continues to represent tenant concerns but  TUQ Coordinator Penny Carr said, ‘It is a travesty if there is no funding for tenant views to be represented in the review process. Tenant bonds generate millions of dollars in interest annually – just over $36M last financial year and just under$46M the year before.  Tenants do not receive any interest back on their bonds. Some of this bond interest should be used to ensure that tenants’ views are represented in the review of the Act”.

Most bond interest is used the fund the Residential Tenancies Authority. A small amount of bond interest  previously funded free community advice services for tenants, including the Tenants’ Union. The Qld government cut funding for tenant advice services  in Oct 2012 and funding for the Tenants’ Union’s policy and law reform work ended in Dec 2012. Tenant services in Queensland are now operating with emergency federal funding until June 2013.

Tenants make up 30% of Queenslanders and deserve to have their interests represented in tenancy law debates . Tenants also need access to free advocacy and support services. Interest income from tenant bonds should be used to fund these services for tenants’.

Another Blow for Queensland Tenants

Media Release –  21 December, 2012

In another blow, Queensland tenants may be left without a representative voice in the current review of tenancy law.

The Tenants’ Union of Queensland (TUQ) has been making representations to the Queensland government for specific funding to ensure tenants’ interests are represented as the current review of tenancy law progresses through next year.  However, no response has been received, and the TUQ now fears there will be no independent, specialist tenant voice in these debates.

The TUQ’s recurrent funding for policy and law reform work finishes at the end of this month, after the Queensland government’s announcement last October to withdraw funding.  Given the review of tenancy laws, the TUQ has pursued specific funding to ensure the interests of tenants are represented.

‘Our organisation has been advising tenants and representing their interests in policy and law reform debates since 1986.  With no specialist voice at the table where reforms are being debated, the risk of unbalanced outcomes is heightened, with tenants being the big losers’, TUQ spokesperson, Ms Penny Carr said.

The Property Owners Association, the Real Estate Institute and housing policy advocates will now be left to debate tenancy law review outcomes without adequate specialist representation for tenants.

The cuts to the TUQ will result in the loss of another three positions across the organisation following 7 staff being made redundant earlier this year.

These latest cuts will also affect social housing tenants who are facing a raft of changes in government policies in relation to their housing.  Like the review of tenancy laws, social housing tenants will be left without adequate representation.

Ms Carr continued, ‘It will be a travesty if there is no funding for tenant views to be represented.  Tenant bonds generate millions of dollars in interest annually – just over $36M last financial year and just under$46M the year before.  Tenants do not receive any interest back on their bonds and deserve to have some of it spent key issues such as representing their interests in tenancy law debates’.

Whilst the TUQ says it still holds out some hope that funding will come through, redundancies are due to take place in the next couple of weeks.  Christmas will be a dismal time for those workers.

In July this year the Queensland government withdrew funding from every tenant advice service in the state.  In October the Commonwealth government stepped in with emergency funding to take services through until June.  As a consequence tenancy advice will be available for tenants through until then, including over the Christmas period.

Tenants can get advice free from the TUQ’s telephone advice service from:

Mon – Fri 9am-4pm (extended to 7pm on Tues & Wed) by calling 1300 744263

The RTA is conducting a review of the Residential Tenancies and Rooming Accommodation Act 2008 (the Act) to ensure the Act is meeting its objectives of fairly balancing stakeholder interests, and to remove legislative barriers to improved RTA service delivery.

The Tenants’ Union encourages tenants to contribute your responses to the review. You can view the discussion paper on the RTA website at www.rta.qld.gov.au  The RTA website also includes an online response form.

The Tenants’ Union of Queensland will prepare a detailed response to the review. Tenants are encouraged to email us at mail@tuq.org.au with your comments.

A discussion paper  on the RTA website outlines a number of issues identified by the RTA during its ongoing monitoring of the Act in the areas of:

• Balancing stakeholder interests
• Streamlining service delivery, and
• Reducing red tape.

The RTA has developed options against each issue to stimulate discussion within the sector, and these are not necessarily proposals for change.

The RTA is calling for submissions on the issues and options raised in the Discussion Paper.

Responses are due by 2nd January 2013 so tenants and tenant services have a very limited time to respond.

Submissions must be made in writing.  You can address one issue or a range of issues.  It is suggested that:

•  When commenting on a particular option, please refer to the option number in the Discussion Paper or use the response form as a fillable response sheet
• If you are raising additional issues not covered in the Discussion Paper, clearly indicate this in your submission
•  Where appropriate, provide evidence to support your comments, such as practical examples, statistics, Tribunal decisions or case studies.
• A response of “no change” is always an option.

If your submission contains information that you do not wish to be disclosed to others, please mark it “Confidential”.   Otherwise, under the Right to Information Act 2009, the RTA is required to grant access to documents in its possession unless an exemption provision applies.

You can send your submission by post, email, fax or online to:

Principal Policy Officer
Tenancies Act Review
Residential Tenancies Authority

Mail:               GPO Box 390, Brisbane, QLD 4000
Delivery:      Level 23, 179 Turbot Street, Brisbane
Email:            review@rta.qld.gov.au

The Federal Minister for Housing, Brendan O’Connor has announced emergency funding for tenant advice services. This is great news for Queensland tenants. This announcement follows the devastating decision by the Queensland government, on July 24, to cut funding to all 23 services funded through the Tenant Advice and Advocacy Service program (TAAS).

Tenants’ Union of Queensland spokesperson, Ms Penny Carr said, ‘This emergency, interim funding from the federal government is such a welcome relief.  It will provide Queensland tenants with continued access to specialised tenancy advice, advocacy and support services.  It also means we can retain the corporate and legal knowledge of dedicated advice workers across the state’.

TAAS services were due to run out of funding on October 31, with two services only funded to the end of September. On Wednesday 3^rd October Minister O’Connor announced emergency federal funding for tenant advice services.  This emergency funding will now keep TAAS services open until July 2013.

Federal Govt Provides Emergency TAAS funding

This is great news about interim funding but our campaign calling on the Queensland government to reinstate ongoing funding for tenant advice services needs to continue.

For more information about the campaign to reinstate funding for TAAS visit www.savetenantservices.net.au  online and on Facebook.

Sign the e-petition on the parliamentary website to Protect Tenant Rights  http://www.parliament.qld.gov.au/work-of-assembly/petitions/e-petitions (Sign now. Closes 29/10)

Contact the Queensland Housing Minister Bruce Flegg and the Premier Campbell Newman to call for reinstatement of fuding for TAAS and TUQ.

Download campaign kit as word document Full campaign kit

This kit includes;  TAAS facts and figures, how TAAS cuts affect you, tips on writing letters, and contact details for the Premier and the Queensland Housing Minister.

Find out more