May case study: Eviction

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    • #34838
      HRHH QCOSSHRHH QCOSS
      Moderator

      This case has been deidentified, dates and names have been changed to place the scenario in todays frame of reference.

      Scenario
      Single mother Mia is the primary carer for her 8-year-old son, Josh. Mia and Josh live in a social housing property on a fixed term tenancy that began 1 October 2018 and will expire on 30 September 2021. Mia is the principal tenant and she pays $65.10 rent per week. Josh attends the local public school and does well in his classroom activities.

      Since early 2020, Mia has had a Domestic Violence Order (protection order) in place against her former partner Nathan. .Mia has been particularly upset by Nathan’s release from prison this year and she feels at risk of possible harm and abuse by him, despite the protection order being in place.

      Complaints have been made by nearby residents to the social housing provider about Mia’s objectionable behaviour, involving excessive noise (loud music played at night) domestic disturbances, abusive language, threatening behaviour and residents’ concerns for her son Josh. Mia asserts that a couple of the neighbours have a “vendetta” against her. Complaints have been received sporadically across the duration of Mia’s tenancy, however a door knock was undertaken by the social housing provider in January 2021 where more complaints were received.

      Over the duration of Mia’s tenancy, the police have attended the property 41 times. About half of these police callouts were made at the request of the social housing provider, which had concerns about the potential for violence or intimidation from Mia’s ex-partner Nathan if he were to come onto the property in breach of the protection order. The rest of the callouts were as a result of Mia’s objectionable behaviour and were made by her neighbours who took offence to Mia’s erratic behaviour. Mia receives regular support from a psychologist and a local family support agency where she has established relationships with the social work team. She has some insight into her behaviour. Mia reliably attends her appointments.

      The social housing provider recently issued two notices concerning objectionable and anti-social behaviour. One is dated 14 October 2019: Warning Notice about anti-social behaviour at your property; and the second is dated 18 January 2021: Notice to Remedy Breach (other than rent arrears), including a Form 11.

      Mia entered into an Acceptable Behaviour Agreement on 17 January 2021. After signing the Agreement some of her behaviour did change for the better, including stopping playing loud music. However, Mia continued to be aggressive to some of her neighbours and to abuse and swear at her son Josh. After receiving further complaints from neighbouring tenants, the social housing provider applied to QCAT with an application to end the tenancy due to objectionable behaviour. Mia received the notice of application from QCAT on 13 March 2021.

      You are the social housing provider. On 20 March 2021, you undertook human rights training. Mia has not complied with the Notice to Leave. Let’s discuss what you can do next?

      Highlight the important elements of the case and identify the human rights engaged in this scenario.

    • #34859
      HRHH QCOSSHRHH QCOSS
      Moderator

      There are 23 rights identified in the Act. Which would need to be considered when deciding on Mia’s tenancy situation?
      Recognition and equality before the law
      Right to life
      Protection from torture and cruel, inhuman or degrading treatment
      Freedom from forced work
      Freedom of movement
      Freedom of thought, conscience, religion and belief
      Freedom of expression
      Peaceful assembly and freedom of association
      Taking part in public life
      Property rights
      Privacy and reputation
      Protection of families and children
      Cultural rights—generally
      Cultural rights—Aboriginal peoples and Torres Strait Islander peoples
      Right to liberty and security of person
      Humane treatment when deprived of liberty
      Fair hearing
      Rights in criminal proceedings
      Children in the criminal process
      Right not to be tried or punished more than once
      Retrospective criminal laws
      Right to education
      Right to health services

      Act: Human Rights Act 2019 (Qld)

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