New renters' rights fail to provide 'peace, privacy and comfort' for lodgers
For those who pay rent for a single room in a group house, or who live in a shared accommodation-style arrangement, the new laws do not apply.
They appear to be in no-man's land with hopes they will be given some protections when legislative changes to the laws governing boarding houses come into effect. However, there is no timeframe in which that will occur.
A decision handed down in the Supreme Court of Appeal has added weight to he notion that people regarded as boarders or lodgers, and who sign agreements as such, are not covered by the Residential Tenancies Act.
The matter of Shapkin versus the University of Sydney first came to court in the NSW Civil and Administrative Tribunal in 2022.
The tribunal sided with the university, as did the Appeal Panel, which held a hearing in January 2023.
Mr Shapkin then sought leave to appeal from the Appeal Panel's decision, which was heard in December 2023, and he was granted leave to appeal on two out of three grounds.
That hearing took place on May 5, and reasons as to why leave to appeal was refused were handed down on May 16.
At each juncture, the courts have sided with the landlord by regarding Mr Shapkin as a lodger, even though his landlord, which can be a person or an entity, does not physically reside with him.
For an occupant to be a boarder or a lodger, the owner must remain in possession and retain his quality as "master of the house", with "control and dominion" over the hall, the decision says.
The coordinator of the Hunter Tenants Advice and Advocacy Service, Nicole Grgas, says the Shapkin decision is "really troubling".
SPL has come under fire for its treatment of occupants living in SPL-managed group homes, where they are said to conduct spot inspections on a regular basis, as often as every two days, without warning and without waiting to see if anyone is home, rifling through personal belongings.
The organisation has also been heavily criticised for evicting people and/or relocating them with little or no notice.
"If these were residential tenancy agreements, then you have a right to peace, comfort and privacy, and the landlord can only come with certain notice," Ms Grgas said.
"The tribunal has most recently found, and I don't know if I want to advertise it, that these are not tenancy agreements."
That means the increasing number of people paying rent per room will not be afforded the protections of the legislative changes, which came into effect on Monday.
While it is now easier for those renters to have pets in their homes, and feel more secure in the knowledge that 'no grounds' evictions are now unlawful, lodgers continue to live in fear of being evicted or relocated at a moment's notice.
Last week, several residents were forced to move from an SPL-managed property at Rutherford, to which police were called on Monday when SPL staff turned up unannounced, demanding access to the property to retrieve furniture.
The residents had been given less than one business day's notice that they were being relocated.
The week before that, on May 5, SPL moved 20 people out of homes in Elemore Vale. They were given five days' notice, but SPL staff turned up without notice with a removalist truck two days early, at 6am, the Newcastle Herald was told.
Mr Mason has denied any wrongdoing.
NEW laws that strengthen renters' rights in NSW have left many people out in the cold.
For those who pay rent for a single room in a group house, or who live in a shared accommodation-style arrangement, the new laws do not apply.
They appear to be in no-man's land with hopes they will be given some protections when legislative changes to the laws governing boarding houses come into effect. However, there is no timeframe in which that will occur.
A decision handed down in the Supreme Court of Appeal has added weight to he notion that people regarded as boarders or lodgers, and who sign agreements as such, are not covered by the Residential Tenancies Act.
The matter of Shapkin versus the University of Sydney first came to court in the NSW Civil and Administrative Tribunal in 2022.
The tribunal sided with the university, as did the Appeal Panel, which held a hearing in January 2023.
Mr Shapkin then sought leave to appeal from the Appeal Panel's decision, which was heard in December 2023, and he was granted leave to appeal on two out of three grounds.
That hearing took place on May 5, and reasons as to why leave to appeal was refused were handed down on May 16.
At each juncture, the courts have sided with the landlord by regarding Mr Shapkin as a lodger, even though his landlord, which can be a person or an entity, does not physically reside with him.
For an occupant to be a boarder or a lodger, the owner must remain in possession and retain his quality as "master of the house", with "control and dominion" over the hall, the decision says.
The coordinator of the Hunter Tenants Advice and Advocacy Service, Nicole Grgas, says the Shapkin decision is "really troubling".
SPL has come under fire for its treatment of occupants living in SPL-managed group homes, where they are said to conduct spot inspections on a regular basis, as often as every two days, without warning and without waiting to see if anyone is home, rifling through personal belongings.
The organisation has also been heavily criticised for evicting people and/or relocating them with little or no notice.
"If these were residential tenancy agreements, then you have a right to peace, comfort and privacy, and the landlord can only come with certain notice," Ms Grgas said.
"The tribunal has most recently found, and I don't know if I want to advertise it, that these are not tenancy agreements."
That means the increasing number of people paying rent per room will not be afforded the protections of the legislative changes, which came into effect on Monday.
While it is now easier for those renters to have pets in their homes, and feel more secure in the knowledge that 'no grounds' evictions are now unlawful, lodgers continue to live in fear of being evicted or relocated at a moment's notice.
Last week, several residents were forced to move from an SPL-managed property at Rutherford, to which police were called on Monday when SPL staff turned up unannounced, demanding access to the property to retrieve furniture.
The residents had been given less than one business day's notice that they were being relocated.
The week before that, on May 5, SPL moved 20 people out of homes in Elemore Vale. They were given five days' notice, but SPL staff turned up without notice with a removalist truck two days early, at 6am, the Newcastle Herald was told.
Mr Mason has denied any wrongdoing.
NEW laws that strengthen renters' rights in NSW have left many people out in the cold.
For those who pay rent for a single room in a group house, or who live in a shared accommodation-style arrangement, the new laws do not apply.
They appear to be in no-man's land with hopes they will be given some protections when legislative changes to the laws governing boarding houses come into effect. However, there is no timeframe in which that will occur.
A decision handed down in the Supreme Court of Appeal has added weight to he notion that people regarded as boarders or lodgers, and who sign agreements as such, are not covered by the Residential Tenancies Act.
The matter of Shapkin versus the University of Sydney first came to court in the NSW Civil and Administrative Tribunal in 2022.
The tribunal sided with the university, as did the Appeal Panel, which held a hearing in January 2023.
Mr Shapkin then sought leave to appeal from the Appeal Panel's decision, which was heard in December 2023, and he was granted leave to appeal on two out of three grounds.
That hearing took place on May 5, and reasons as to why leave to appeal was refused were handed down on May 16.
At each juncture, the courts have sided with the landlord by regarding Mr Shapkin as a lodger, even though his landlord, which can be a person or an entity, does not physically reside with him.
For an occupant to be a boarder or a lodger, the owner must remain in possession and retain his quality as "master of the house", with "control and dominion" over the hall, the decision says.
The coordinator of the Hunter Tenants Advice and Advocacy Service, Nicole Grgas, says the Shapkin decision is "really troubling".
SPL has come under fire for its treatment of occupants living in SPL-managed group homes, where they are said to conduct spot inspections on a regular basis, as often as every two days, without warning and without waiting to see if anyone is home, rifling through personal belongings.
The organisation has also been heavily criticised for evicting people and/or relocating them with little or no notice.
"If these were residential tenancy agreements, then you have a right to peace, comfort and privacy, and the landlord can only come with certain notice," Ms Grgas said.
"The tribunal has most recently found, and I don't know if I want to advertise it, that these are not tenancy agreements."
That means the increasing number of people paying rent per room will not be afforded the protections of the legislative changes, which came into effect on Monday.
While it is now easier for those renters to have pets in their homes, and feel more secure in the knowledge that 'no grounds' evictions are now unlawful, lodgers continue to live in fear of being evicted or relocated at a moment's notice.
Last week, several residents were forced to move from an SPL-managed property at Rutherford, to which police were called on Monday when SPL staff turned up unannounced, demanding access to the property to retrieve furniture.
The residents had been given less than one business day's notice that they were being relocated.
The week before that, on May 5, SPL moved 20 people out of homes in Elemore Vale. They were given five days' notice, but SPL staff turned up without notice with a removalist truck two days early, at 6am, the Newcastle Herald was told.
Mr Mason has denied any wrongdoing.
NEW laws that strengthen renters' rights in NSW have left many people out in the cold.
For those who pay rent for a single room in a group house, or who live in a shared accommodation-style arrangement, the new laws do not apply.
They appear to be in no-man's land with hopes they will be given some protections when legislative changes to the laws governing boarding houses come into effect. However, there is no timeframe in which that will occur.
A decision handed down in the Supreme Court of Appeal has added weight to he notion that people regarded as boarders or lodgers, and who sign agreements as such, are not covered by the Residential Tenancies Act.
The matter of Shapkin versus the University of Sydney first came to court in the NSW Civil and Administrative Tribunal in 2022.
The tribunal sided with the university, as did the Appeal Panel, which held a hearing in January 2023.
Mr Shapkin then sought leave to appeal from the Appeal Panel's decision, which was heard in December 2023, and he was granted leave to appeal on two out of three grounds.
That hearing took place on May 5, and reasons as to why leave to appeal was refused were handed down on May 16.
At each juncture, the courts have sided with the landlord by regarding Mr Shapkin as a lodger, even though his landlord, which can be a person or an entity, does not physically reside with him.
For an occupant to be a boarder or a lodger, the owner must remain in possession and retain his quality as "master of the house", with "control and dominion" over the hall, the decision says.
The coordinator of the Hunter Tenants Advice and Advocacy Service, Nicole Grgas, says the Shapkin decision is "really troubling".
SPL has come under fire for its treatment of occupants living in SPL-managed group homes, where they are said to conduct spot inspections on a regular basis, as often as every two days, without warning and without waiting to see if anyone is home, rifling through personal belongings.
The organisation has also been heavily criticised for evicting people and/or relocating them with little or no notice.
"If these were residential tenancy agreements, then you have a right to peace, comfort and privacy, and the landlord can only come with certain notice," Ms Grgas said.
"The tribunal has most recently found, and I don't know if I want to advertise it, that these are not tenancy agreements."
That means the increasing number of people paying rent per room will not be afforded the protections of the legislative changes, which came into effect on Monday.
While it is now easier for those renters to have pets in their homes, and feel more secure in the knowledge that 'no grounds' evictions are now unlawful, lodgers continue to live in fear of being evicted or relocated at a moment's notice.
Last week, several residents were forced to move from an SPL-managed property at Rutherford, to which police were called on Monday when SPL staff turned up unannounced, demanding access to the property to retrieve furniture.
The residents had been given less than one business day's notice that they were being relocated.
The week before that, on May 5, SPL moved 20 people out of homes in Elemore Vale. They were given five days' notice, but SPL staff turned up without notice with a removalist truck two days early, at 6am, the Newcastle Herald was told.
Mr Mason has denied any wrongdoing.
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The Advertiser
08-07-2025
- The Advertiser
Crew wounded and missing in attack on ship off Yemen
Two crew of a Greek-managed vessel have been wounded and two are missing in a drone attack off Yemen, hours after Iran-aligned Houthi militants claimed an assault on another bulk carrier in the Red Sea, saying the ship had sunk. Monday's attack 50 nautical miles southwest of the port of Hodeidah was the second assault against merchant vessels in the vital shipping corridor by Houthis since November 2024, said an official at the European Union's Operation Aspides, assigned to help protect Red Sea shipping. The Liberia-flagged, Greek-operated bulk carrier Eternity C with 22 members on board - 21 Filipinos and one Russian - was attacked with sea drones and skiffs, its manager Cosmoship Management told Reuters. Two crew were seriously wounded and two were missing, the company said, adding that three armed security guards were on board. The vessel's bridge was hit and telecommunications were impacted. The ship was adrift, an Aspides official said later, after an attack by sea drones and four speedboats with individuals who launched at least four rocket-propelled grenades. The ship had not requested escort or protection from the naval force, the official added. There was no claim of responsibility for the attack. Earlier, the Houthis claimed responsibility for Sunday's attack on the Greek-operated MV Magic Seas bulk carrier off southwest Yemen. The raid involved gunfire and rocket-propelled grenades from eight skiffs as well as missiles and four uncrewed surface vessels. The 19 crew members were forced to abandon the Liberian-flagged vessel as it was taking on water. They were picked up by a passing ship and have arrived safely in Djibouti, sources said. Houthis said they sunk the vessel. But Michael Bodouroglou, a representative of Stem Shipping, one of the ship's commercial managers, said there was no independent verification. Since Israel's war in Gaza against the Palestinian militant group Hamas began in October 2023, the Houthis have been attacking Israel and vessels in the Red Sea in what they say are acts of solidarity with the Palestinians. Israel has struck Houthi targets in response, launching strikes on Monday for the first time in nearly a month. A US-Houthi ceasefire deal in May did not include Israel. The latest attacks highlight a growing operational risk to commercial operators whose vessels have called at Israeli ports, maritime security firm Diaplous said. John Xylas, chairman of the dry bulk shipping association Intercargo, said the crew were "innocent people, simply doing their jobs, keeping global trade moving". "No one at sea should ever face such violence," he said. Two crew of a Greek-managed vessel have been wounded and two are missing in a drone attack off Yemen, hours after Iran-aligned Houthi militants claimed an assault on another bulk carrier in the Red Sea, saying the ship had sunk. Monday's attack 50 nautical miles southwest of the port of Hodeidah was the second assault against merchant vessels in the vital shipping corridor by Houthis since November 2024, said an official at the European Union's Operation Aspides, assigned to help protect Red Sea shipping. The Liberia-flagged, Greek-operated bulk carrier Eternity C with 22 members on board - 21 Filipinos and one Russian - was attacked with sea drones and skiffs, its manager Cosmoship Management told Reuters. Two crew were seriously wounded and two were missing, the company said, adding that three armed security guards were on board. The vessel's bridge was hit and telecommunications were impacted. The ship was adrift, an Aspides official said later, after an attack by sea drones and four speedboats with individuals who launched at least four rocket-propelled grenades. The ship had not requested escort or protection from the naval force, the official added. There was no claim of responsibility for the attack. Earlier, the Houthis claimed responsibility for Sunday's attack on the Greek-operated MV Magic Seas bulk carrier off southwest Yemen. The raid involved gunfire and rocket-propelled grenades from eight skiffs as well as missiles and four uncrewed surface vessels. The 19 crew members were forced to abandon the Liberian-flagged vessel as it was taking on water. They were picked up by a passing ship and have arrived safely in Djibouti, sources said. Houthis said they sunk the vessel. But Michael Bodouroglou, a representative of Stem Shipping, one of the ship's commercial managers, said there was no independent verification. Since Israel's war in Gaza against the Palestinian militant group Hamas began in October 2023, the Houthis have been attacking Israel and vessels in the Red Sea in what they say are acts of solidarity with the Palestinians. Israel has struck Houthi targets in response, launching strikes on Monday for the first time in nearly a month. A US-Houthi ceasefire deal in May did not include Israel. The latest attacks highlight a growing operational risk to commercial operators whose vessels have called at Israeli ports, maritime security firm Diaplous said. John Xylas, chairman of the dry bulk shipping association Intercargo, said the crew were "innocent people, simply doing their jobs, keeping global trade moving". "No one at sea should ever face such violence," he said. Two crew of a Greek-managed vessel have been wounded and two are missing in a drone attack off Yemen, hours after Iran-aligned Houthi militants claimed an assault on another bulk carrier in the Red Sea, saying the ship had sunk. Monday's attack 50 nautical miles southwest of the port of Hodeidah was the second assault against merchant vessels in the vital shipping corridor by Houthis since November 2024, said an official at the European Union's Operation Aspides, assigned to help protect Red Sea shipping. The Liberia-flagged, Greek-operated bulk carrier Eternity C with 22 members on board - 21 Filipinos and one Russian - was attacked with sea drones and skiffs, its manager Cosmoship Management told Reuters. Two crew were seriously wounded and two were missing, the company said, adding that three armed security guards were on board. The vessel's bridge was hit and telecommunications were impacted. The ship was adrift, an Aspides official said later, after an attack by sea drones and four speedboats with individuals who launched at least four rocket-propelled grenades. The ship had not requested escort or protection from the naval force, the official added. There was no claim of responsibility for the attack. Earlier, the Houthis claimed responsibility for Sunday's attack on the Greek-operated MV Magic Seas bulk carrier off southwest Yemen. The raid involved gunfire and rocket-propelled grenades from eight skiffs as well as missiles and four uncrewed surface vessels. The 19 crew members were forced to abandon the Liberian-flagged vessel as it was taking on water. They were picked up by a passing ship and have arrived safely in Djibouti, sources said. Houthis said they sunk the vessel. But Michael Bodouroglou, a representative of Stem Shipping, one of the ship's commercial managers, said there was no independent verification. Since Israel's war in Gaza against the Palestinian militant group Hamas began in October 2023, the Houthis have been attacking Israel and vessels in the Red Sea in what they say are acts of solidarity with the Palestinians. Israel has struck Houthi targets in response, launching strikes on Monday for the first time in nearly a month. A US-Houthi ceasefire deal in May did not include Israel. The latest attacks highlight a growing operational risk to commercial operators whose vessels have called at Israeli ports, maritime security firm Diaplous said. John Xylas, chairman of the dry bulk shipping association Intercargo, said the crew were "innocent people, simply doing their jobs, keeping global trade moving". "No one at sea should ever face such violence," he said. Two crew of a Greek-managed vessel have been wounded and two are missing in a drone attack off Yemen, hours after Iran-aligned Houthi militants claimed an assault on another bulk carrier in the Red Sea, saying the ship had sunk. Monday's attack 50 nautical miles southwest of the port of Hodeidah was the second assault against merchant vessels in the vital shipping corridor by Houthis since November 2024, said an official at the European Union's Operation Aspides, assigned to help protect Red Sea shipping. The Liberia-flagged, Greek-operated bulk carrier Eternity C with 22 members on board - 21 Filipinos and one Russian - was attacked with sea drones and skiffs, its manager Cosmoship Management told Reuters. Two crew were seriously wounded and two were missing, the company said, adding that three armed security guards were on board. The vessel's bridge was hit and telecommunications were impacted. The ship was adrift, an Aspides official said later, after an attack by sea drones and four speedboats with individuals who launched at least four rocket-propelled grenades. The ship had not requested escort or protection from the naval force, the official added. There was no claim of responsibility for the attack. Earlier, the Houthis claimed responsibility for Sunday's attack on the Greek-operated MV Magic Seas bulk carrier off southwest Yemen. The raid involved gunfire and rocket-propelled grenades from eight skiffs as well as missiles and four uncrewed surface vessels. The 19 crew members were forced to abandon the Liberian-flagged vessel as it was taking on water. They were picked up by a passing ship and have arrived safely in Djibouti, sources said. Houthis said they sunk the vessel. But Michael Bodouroglou, a representative of Stem Shipping, one of the ship's commercial managers, said there was no independent verification. Since Israel's war in Gaza against the Palestinian militant group Hamas began in October 2023, the Houthis have been attacking Israel and vessels in the Red Sea in what they say are acts of solidarity with the Palestinians. Israel has struck Houthi targets in response, launching strikes on Monday for the first time in nearly a month. A US-Houthi ceasefire deal in May did not include Israel. The latest attacks highlight a growing operational risk to commercial operators whose vessels have called at Israeli ports, maritime security firm Diaplous said. John Xylas, chairman of the dry bulk shipping association Intercargo, said the crew were "innocent people, simply doing their jobs, keeping global trade moving". "No one at sea should ever face such violence," he said.
Perth Now
07-07-2025
- Perth Now
Crew wounded and missing in attack on ship off Yemen
Two crew of a Greek-managed vessel have been wounded and two are missing in a drone attack off Yemen, hours after Iran-aligned Houthi militants claimed an assault on another bulk carrier in the Red Sea, saying the ship had sunk. Monday's attack 50 nautical miles southwest of the port of Hodeidah was the second assault against merchant vessels in the vital shipping corridor by Houthis since November 2024, said an official at the European Union's Operation Aspides, assigned to help protect Red Sea shipping. The Liberia-flagged, Greek-operated bulk carrier Eternity C with 22 members on board - 21 Filipinos and one Russian - was attacked with sea drones and skiffs, its manager Cosmoship Management told Reuters. Two crew were seriously wounded and two were missing, the company said, adding that three armed security guards were on board. The vessel's bridge was hit and telecommunications were impacted. The ship was adrift, an Aspides official said later, after an attack by sea drones and four speedboats with individuals who launched at least four rocket-propelled grenades. The ship had not requested escort or protection from the naval force, the official added. There was no claim of responsibility for the attack. Earlier, the Houthis claimed responsibility for Sunday's attack on the Greek-operated MV Magic Seas bulk carrier off southwest Yemen. The raid involved gunfire and rocket-propelled grenades from eight skiffs as well as missiles and four uncrewed surface vessels. The 19 crew members were forced to abandon the Liberian-flagged vessel as it was taking on water. They were picked up by a passing ship and have arrived safely in Djibouti, sources said. Houthis said they sunk the vessel. But Michael Bodouroglou, a representative of Stem Shipping, one of the ship's commercial managers, said there was no independent verification. Since Israel's war in Gaza against the Palestinian militant group Hamas began in October 2023, the Houthis have been attacking Israel and vessels in the Red Sea in what they say are acts of solidarity with the Palestinians. Israel has struck Houthi targets in response, launching strikes on Monday for the first time in nearly a month. A US-Houthi ceasefire deal in May did not include Israel. The latest attacks highlight a growing operational risk to commercial operators whose vessels have called at Israeli ports, maritime security firm Diaplous said. John Xylas, chairman of the dry bulk shipping association Intercargo, said the crew were "innocent people, simply doing their jobs, keeping global trade moving". "No one at sea should ever face such violence," he said.
News.com.au
28-05-2025
- News.com.au
Landlord demanded tens of thousands of dollars then threatened to kick out tenant if they did not pay up
A landlord who demanded tens of thousands of dollars from a tenant before they moved in then threatened to kick them out if they did not pay more money found herself in front of a magistrate. The woman from NSW claimed she did not understand her obligations to handle rent, bond payments or a property condition report under WA's tenancy laws when she pleaded guilty to four charges of breaching the Residential Tenancies Act. The NSW landlord owned a property in the Perth suburb of Ardross when she entered into a tenancy agreement and demanded $16,200 from her tenant to cover the first three months' rent, about a month before the tenant moved in. She then demanded an additional $2700 in fortnightly rent about a month before the next due date and told the tenant in a text message she would find another tenant if the payments were not made. The woman failed to lodge a further $16,200 paid as a security bond with the Bond Administrator at Consumer Protection within the 14-day time frame, then only lodged $5,400 of the bond four months after it was received. She arranged to deposit the remaining $10,800 with the Bond Administrator after Consumer Protection started legal proceedings against her. The court was also told the landlord provided the tenant with two copies of a property condition 32 days late. The landlord was fined $8500 and received a spent conviction in the Perth Magistrates Court. Magistrate Donna Webb said ignorance of the law was no excuse and the landlord should have inquired about her obligations. Consumer Protection commissioner Owen Kelly said the Residential Tenancies Act was a vital safeguard for tenants, who were especially vulnerable during periods of high demand in the rental market. The commissioner said the landlord violated the Act by seeking more than two weeks' rent from the tenant a month before the tenancy took occupancy. He said the tenant was subjected to unnecessary risk by being asked to pay three months of rent upfront before moving in. 'When tenants have fewer options, they may have little to no power to negotiate with landlords before or during the tenancy,' he said. '(The tenant) was also placed under unnecessary financial burden when further rent demands were made before that initial period had expired.' The commissioner said handling security bond money was a serious matter, and the 14-day lodgement rule was in place to safeguard the interests of both tenants and landlords. 'All landlords with property in Western Australia need to familiarise themselves with the laws, or delegate this responsibility to a property manager, otherwise they risk facing legal repercussions,' he said.
