Housing and Tenancy

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The rights to privacy, family, home and correspondence in section 13(a) are of fundamental importance to the scheme of the Charter. Their purpose is to protect and enhance the liberty of the person – the existence, autonomy, security and wellbeing of every individual in their own private sphere. The rights ensure people can develop individually, socially and spiritually in that sphere, which provides the civil foundation for their effective participation in democratic society. They protect those attributes which are private to all individuals, that domain which may be called their home…

Justice Bell, Director of Housing v Sudi [2010] VCAT 328 [29]

Assisting tenants and rooming house residents assert their rights and respond to applications for possession is a critical part of the legal assistance provided by the HPLC. Currently housing has never been less affordable or available and tenant advocates must do as much as possible in order to secure and maintain the housing of vulnerable and disadvantaged clients. Further, tenant advocates must be vigilant to ensure that tenants and residents are provided with clear guidance as to their tenancy rights and responsibilities.