Case 83: Young woman caring for siblings protected from eviction

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Following the death of her father and incarceration of her mother, a 23-year old woman agreed to be the guardian of her three younger siblings. She maintained their public housing tenancy and had rental payments deducted from her youth allowance. While overseas on a study tour, her youth allowance was cancelled due to the discontinuation of her enrolment. As a result she accrued significant rent arrears but did not receive notice of this. The Director of Housing applied for a possession order after having issued a notice to vacate. The Homeless Persons’ Legal Clinic argued at the tribunal hearing that the decisions made by the Director failed to properly consider the rights of the young woman and her siblings. The tribunal, instead of making a possession order, made an order that the young woman pay $10 per week towards her rental arrears in addition to her rent.

Source: Homeless Persons’ Legal Clinic, Submission to the Review of the Victorian Charter, 2011