Eviction notice for elderly Melbourne renter ruled invalid

An eviction notice given to an elderly social housing tenant who disputed the validity of a rent increase has been struck out.

Judy Belfield was among a group of elderly residents facing extra out-of-pocket costs after HousingFirst took carriage of several inner-east Melbourne properties, which had previously operated under a private trust called Glenloch, in 2023.

The organisation said the rent increases it later issued to the portfolios' residents were necessary to maintain the properties after years of low and inconsistent rents, and it sought to handle them in a way that would minimise any impact.

But some of those tenants told the ABC they were facing financial distress and might have to cut out "expensive food" like fresh fruit to make ends meet.

Ms Belfield, whose rent was increased by about $65 a week, continued paying her earlier weekly rent of about $234.

A dispute was lodged with the Victorian Civil and Administrative Tribunal (VCAT) after HousingFirst issued her a notice to vacate in April, arguing she was more than $1,000 in arrears.

The tribunal on Thursday heard that while the parties had attempted to negotiate a payment plan, the dispute turned on a "basic disagreement" over whether the rent increase was compliant with the Residential Tenancies Act.

The renter's representative, Shane McGrath from the Housing for the Aged Action Group, told the tribunal that his client believed a formal notice of rent increase was required.

"She doesn't believe that notice or that letter validly increased her rent, so she continued to pay her rent previous to the purported increase,"

he said.

"The rent was not lawfully increased so Ms Belfield was not in arrears on the day the [eviction] notice was served."

HousingFirst, however, told the tribunal that the nature of the increase exempted it from notice periods that would otherwise be required.

"We want to know whether or not the notice that we provided was legal and enforceable, and if it was, I just want to do a repayment plan, so we understand each other going forward," the organisation's representative said.

"That's all I'm looking for."

Senior VCAT member Vivienne Topp ultimately declared the eviction notice invalid — not because of any ruling around the rent increase, but because of "confusion" around how much the notice claimed Ms Belfield owed.

"I can hear evidence from the renter and her advocate that it's confusing, that she doesn't agree with the amount listed on her notice to vacate," she said.

"This matter is struck out. The notice to vacate is not valid."

It's unclear whether the matter will return to VCAT.

HousingFirst's rent increases sought to bring the Glenloch properties in line with the rest of its community housing portfolio, which caps rent at 30 per cent of household income.

The organisation, which began as the Port Phillip Housing Association, has grown to become a major provider of social housing across Melbourne, with more than 2,000 properties in its portfolio.