Social housing tenant facing eviction after DV noise complaints wins right to stay
The Housing Authority moved to evict Cheryl after numerous complaints from neighbours. (ABC News: Keane Bourke)
In short:
Western Australia's Supreme Court has overturned a decision to evict a woman from social housing over disturbances caused by her family and visitors.
Justice Matthew Howard found the woman was not responsible for any of the disturbances, including rocks being thrown at neighbouring houses.
The woman had called police on several occasions for domestic violence related incidents.
A mother who was facing eviction from her social housing home after complaints from neighbours will be allowed to stay, after the Supreme Court ruled the disturbances were not her fault, including many in which she was being abused.
The court found the woman, who the ABC is calling Cheryl, was a victim of domestic violence and many of the disturbance complaints stemmed from her abuse.
Both courts found Cheryl had been a victim of domestic violence. (ABC Kimberley: Andrew Seabourne)
Cheryl had been living in her home in Waikiki, south of Perth, for less than a year when the WA Housing Authority applied to terminate her tenancy in August 2023.
Her eviction was upheld by the Perth Magistrates Court, but this week that decision was overturned by the WA Supreme Court.
Police called to incidents
Six people lived in the home with Cheryl, including her son and daughter, her granddaughter and great grand-children, and she had frequent visitors.
The Housing Authority said there had been numerous complaints of disturbances about people from the property in less than a year, including rocks being thrown at neighbouring houses.
Neighbours told the court Cheryl was not personally responsible for the disturbances. (ABC Radio Sydney: Matt Bamford)
One neighbour told the court there were disturbances "a couple of times per week" on average, and on two occasions he had returned from holidays early after his home was damaged.
Police had attended the house 54 times in 12 months, the court heard.
But a lot of these Triple Zero calls were made by Cheryl herself, many for domestic violence-related incidents.
Victim sought help
Magistrate Linda Keane found both neighbours who gave evidence indicated Cheryl was never personally responsible for any incidents.
"Police involvement, on many occasions, has actually been at the instigation of [Cheryl], that she has sought help and, if anything, she has been the victim of family violence during those incidents," Magistrate Keane said in her initial ruling.
"[Cheryl] is in an extremely difficult position where she is, herself, a victim of family violence.
"She is vulnerable and, to some extent, lacking in any power to change or affect the behaviour of other people who are at her property."
Cheryl had been living in her Waikiki home for less than a year when proceedings were launched to evict her. (ABC News: Gian De Poloni)
Magistrate Keane said terminating Cheryl's tenancy would effectively render herself and the six people living with her homeless.
However, while Cheryl had not caused any nuisance herself, the magistrate found she had "permitted" the disturbances by not "taking sufficient steps to prevent it".
"It has been said … that [Cheryl] did all that she felt she could," Magistrate Keane said.
"I don't see that [Cheryl] was calling every time people connected to her property were engaging in throwing rocks or playing music really loudly at unacceptable hours or otherwise engaging in disturbances, unless it was, as I say, impacting upon her."
Magistrate Keane said it was clear there was "a lot of trouble" at the property, which had also impacted neighbours.
"It's a terrible thing to say that somehow a person is responsible for family violence towards themselves impacting on the people around them," she said.
"But that's, essentially, what a significant part of this case is about."
Victim did not permit violence
However, in overturning the ruling in the Supreme Court, Justice Matthew Howard found the magistrate had not identified the "particular acts or conduct which were permitted" by Cheryl.
He found the original decision, although unintentional, could have been interpreted as Cheryl being "responsible for the family violence towards herself and that violence had caused the nuisances and interferences".
WA Supreme Court Justice Matthew Howard found Cheryl was not responsible for the disturbances caused by people living at or visiting her house. (ABC News: Briana Shepherd)
Justice Howard found Cheryl had not given permission for any of the disturbances to occur.
"With one exception, they [disturbances] were not caused by [Cheryl]. And, the one caused by [Cheryl] was her calling the police … as she was fearful of her ex-partner," he said.
Eviction 'last resort'
In a statement, the Department of Housing and Works said it was still considering the decision, "and will determine the appropriate action in due course."
"DHW has existing policies and procedures in place to support victims of family and domestic violence and remains steadfast in its commitment to doing so," a department spokesperson said.
"The termination of any tenancy is the last resort for DHW and is often taken to ensure the safety of the community."
Loading...Loading