Aboriginal and Torres Strait Islander peoples are advised that this article contains names of deceased persons.
Last week the High Court ruled the Northern Territory government has to pay compensation to tenants in public housing in the remote Indigenous community of Ltyentye Apurte (also known as Santa Teresa) due to substandard housing conditions.
Tenants were found to have endured persistent maintenance issues that went unrepaired. For between five and six years, Enid Young claimed she had no back door, no air-conditioner, and a leaking shower and drain, among other issues. Robert Conway claimed his home was infested with insects for almost three years, and he slept in the kitchen due to leaking water for more than five years. Both Young and Conway passed away before their cases were resolved.
Their posthumous victory is being hailed as a landmark case by lawyers and tenant advocates across the country. While the ruling only applies to the NT government for now, legal experts say the precedent could eventually put tenants nationwide on a stronger legal footing to push landlords to provide dignified living conditions, or else pay compensation.
It’s unsurprising that Indigenous communities are leading this charge, given our governments’ persistent neglect of their housing conditions. But renters across the country also face inhospitable housing conditions, and often find it difficult to make their landlords action repairs, even when they’re legally entitled to them.
Too many ‘shit rentals’
Australian renters are increasingly sharing their frustrations online. Jordan van den Berg (known on social media as “Purple Pingers”) has come to prominence documenting Australia’s “shit rentals” on TikTok and Instagram, with videos of dilapidated, damp, mouldy houses coupled with forensic, lawyerly advice to tenants in trouble.
His new website shitrentals.org allows tenants to document their experiences. Since launching in September, it now has 1073 reviews of properties and 1110 of real estate agents (some reviews are positive, but the vast majority are warnings to others).
In what van den Berg suggested “might be the worst one I’ve seen”, a review of a house in Melbourne’s Brunswick contained images of bright yellow mushrooms sprouting between floor tiles. Walls appeared cracked, peeling and mouldy. The reviewer described, “power constantly tripping and unsafe, wiring everywhere and was only dealt with because housemate was electrician … Big chunks of roof fallen down in bedrooms … Real estate essentially unresponsive … And of course now they are wanting to take our bond”.
These examples are just the tip of the iceberg. Renters consistently report much higher dissatisfaction with their house’s condition compared to homeowners. Research from 2018 and 2019 found that 51% of Australian renters were living in homes that needed repairs.
Fast forward to 2023, and the problem appears to have gotten worse — research by online property exchange Pexa found only 32% of renters say they have no issues with their property. 29% of private renters report facing delays when raising issues, which increases to 33% for those with a property manager, suggesting that they “give minimal service to cut down on costs”.
I myself have recently faced unreasonable maintenance delays in the Melbourne apartment I rent with my partner. We waited six weeks for our leaking toilet to be fixed, and two months for our broken stove to be replaced. Cooking on a plug-in fry pan and accidentally submerging my socks in our bathroom puddle might not exactly take me to the High Court, but they are all-too-common indignities renters face.
How to make rentals less shit
I write frequently about housing issues, but even I underestimated the strength of existing tenancy laws related to maintenance. In Victoria, our stove and toilet should’ve been fixed as soon as possible — even less-urgent repairs must be actioned within 14 days. When the agency was slow to respond, I could’ve even paid for the repairs myself (so long as they cost less than $2,500) and billed our landlord for them.
The problem is enforcement — renters have to take obstinate landlords to a tribunal to force their hand. According to consumer group CHOICE, 68% of renters are concerned that a maintenance request could result in a rent increase and 44% are concerned it could get them evicted. Even the Productivity Commission has recognised the downstream consequences of this power imbalance.
One solution would be to beef up enforcement via a public agency. For instance, landlords could only be allowed to start a new contract (including raising the rent) if they pass an independent inspection, at their expense. If the inspector finds the house isn’t up to standards, the landlord should have to fix the existing issues within a specified timeframe. And if they don’t, the tenants should be compensated.
State governments require drivers to get roadworthiness checks for their cars when they’re selling or re-registering them. Why not require the same for landlords?
Failing that, we should let tenants withhold their rent if issues go unfixed. As it stands, tenants must keep paying their rent in full even if they aren’t getting what they signed up for, or else they can be legally evicted. If they go to the relevant tribunal, they will sometimes be rewarded a partial refund, but not always. Providing tenants with a better legal framework for withholding an equivalent portion of their rent if issues drag on would put greater financial pressure on landlords to uphold their end of the bargain.
Finally, landlords’ intransigence is facilitated by a lack of quality housing. Not happy with this barely standing dump? Good luck finding anything else! More abundant housing options would turn the tables on landlords. Not gonna fix things? Then I’m off to a better joint!
In a nation obsessed with homeownership and renovation, we have allowed our rental stock to languish due to investor negligence for too long. The status quo needs a proper fix-up, not just another coat of paint.
Have you experienced a shit rental? Let us know by writing to letters@crikey.com.au. Please include your full name to be considered for publication. We reserve the right to edit for length and clarity.
