A WA parliamentary question on notice addresses complaints, evictions, and procedures related to Homeswest (public housing) tenants in Bunbury. The response provides data on evictions and outlines the Department of Housing and Works' processes for managing complaints and breaches of tenancy agreements.

AnsweredQoN 3361Legislative Assembly
Asked
13 May 2008
Portfolio
Housing and Works

QuestionView source ↗

(2) How many complaints against Homeswest tenants did the Bunbury Department of Housing and Works Office receive in 2006?
(3) How many Homewest tenants were evicted in Bunbury last year and what was the reason for each eviction?
(4) How many Homeswest tenants were evicted in Bunbury in 2006 and what was the reason for eviction?
(5) What is the procedure for dealing with complaints against Homeswest tenants?
(6) How many warnings do Homeswest tenants get when they break the rules before being evicted?
(7) What are the criteria for evicting Homeswest tenants?
(8) If Homeswest tenants are found guilty of any criminal offence, does that result in suspension of their tenancy?
(9) If no, are there any criminal offences which would results in suspension of their tenancy?

AnswerView source ↗

Answered
12 June 2008
Responded by
Minister for Housing and Works
Response time
30 days
The Department of Housing and Works advises:
(1-2) It is the role of the Department to provide housing for those most in need. This includes people who have no other housing options. Especially where children are involved, significant efforts need to be made to try to continue to provide them with a home. The Department seeks to balance providing a home and support for the more disadvantaged members of our community, with the broader community's right to a peaceful and safe neighbourhood.
The Department does not collate data across its 35,340 public housing dwellings on the number of complaints or outcome of subsequent investigations based on individual tenancies. Each tenancy is managed and monitored.
(3)  There were four evictions in the Bunbury region in 2007:  three of the evictions were for arrears, and one eviction was for antisocial behaviour.
(4) There were two evictions in the Bunbury region in 2006, both evictions were for arrears.
(5) The Department does not condone antisocial behaviour caused by its tenants. Where that behaviour is in breach of their tenancy agreement, the appropriate action will be taken. The Department is bound by the
Residential Tenancies Act 1987
. The processes prescribed by the
Residential Tenancies Act 1987
involve responses to substantiated complaints, which are progressively a Notice of Breach, a Notice of Termination and finally court action to terminate a tenancy. The Department investigates complaints to confirm what has occurred so appropriate action, including eviction, can be taken against a tenant.
With regard to antisocial and criminal behaviour, the Department fully supports police efforts to identify and charge the perpetrators.
The investigation of complaints includes the Department substantiating the complaint and the responsible party. At all times tenants are reminded of their obligations under the Tenancy Agreement and the risk to their tenancy should unacceptable behaviour continue. If there are issues within a tenancy causing complaints then the Department will work with the tenant to address these through the SHAP program, or the inter-agency approach of the Strong Families program.
(6) The
Residential Tenancies Act 1987
does not stipulate the number of warnings that must be issued prior to an eviction. Each situation including the details of the breach are assessed on their merits. The process followed is as per (5) above.
(7) Whether or not a tenant is evicted is the decision of the Magistrates Court.  The process followed leading up to taking a case to court is as per (5) above.
(8-9) Each incident is considered on a case by case basis with the outcome dependant on the nature of the offence, whether the offence was linked to the tenancy and whether the offence constitutes a breach of the
Residential Tenancies Act 1987.
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