Facing homelessness more people seek legal advice due to housing crisis

Demand for housing and homeless people seeking legal support in the Shoalhaven is now at a crisis point, according to a local Legal Aid worker.

Statistics released today show a surge in demand for housing and homelessness legal support across NSW with areas like the Shoalhaven.

Nowra-based Legal Aid NSW solicitor, Olivia Todhunter, says the situation in the Shoalhaven was reaching crisis levels due to the influx of residents over the COVID-19 pandemic.

"Requests for advice from clients who are homeless or at risk of homelessness has increased in the Shoalhaven by 44 percent from the same period last year," Ms Todhunter said.

"We have seen a spike in clients facing mandatory termination due to 'no ground' evictions. It's devastating to know that even if you have done nothing wrong, your family could be homeless so someone else can have a beach getaway, and the tribunal is powerless to stop it given the way the law is drafted."

Over the past two years, Legal Aid NSW has seen a 45 per cent increase in legal advice provided to clients at risk of homelessness about their housing situation.

Ms Todhunter says the situation in regional areas is especially dire due to the influx of residents over the COVID-19 pandemic and the loss of housing stock due to flood damage.

"Requests for help have massively increased in the past two years, and regional areas are bearing the brunt of it," Ms Todhunter said.

"The rental situation has tightened since COVID-19 and the floods, and housing continues to be increasingly unaffordable.

"Housing problems are one of the largest civil law areas for our clients, and these problems are often associated with other issues such as domestic violence, debt, crime, disability and mental illness.

"Increasing number of clients need legal assistance to save their tenancies or access the support they need to climb out of homelessness."

Debbie McDonald, 60, has been struggling with homelessness for several years after being forced to leave a situation of domestic violence.

Unable to find a rental she could afford on her disability pension, she had no choice but to live in a tent at a caravan park for some time.

"I was in a very dark place, all I knew is I had to leave and find somewhere safe but I had nowhere to go," she said.

Ms McDonald, after a few months, found an affordable rental in Sussex Inlet, but the landlord threatened eviction.

She was referred to Legal Aid NSW by the Shoalhaven Women's Health Centre and ultimately, with our help, was able to defend her rights and recover her bond.

"Having legal assistance just eased my mind and helped me to get out of the cycle of homelessness," she said.

The statistics coincide with the release last month of a Productivity Commission Inquiry into National Housing and Homelessness Agreement.

This reported that not enough people are receiving the support they need to avoid homelessness or to re-enter the housing market. Reasons include a lack of appropriate housing but also because there are gaps in homelessness services.

Last month, a report by the NSW Ombudsman found that some homelessness providers are imposing inappropriate conditions on homeless people with high or complex needs.

Ms Todhunter has helped many clients who face barriers to rehousing due to minor debts or damage, often after fleeing unsafe homes and being denied emergency housing on the basis that they "made themselves homeless".

"The same things that make someone eligible for social housing, such as their experiences of mental illness or violence, are used to paint them as undeserving of support" she said.

"It is important to break the cycle of homelessness by addressing the full range of legal issues that come with it.

"Safe housing is both a fundamental human right and a vital component of a stable, healthy and productive life."