CMCD > Policy and Strategic Direction > Boarding Style Accommodation Review > Submissions

Submissions

Summary of Responses to the Discussion Paper

The discussion paper Issues and Options for the Regulation of Boarding Style accommodation in the ACT was published in the Community Notice Board section of the Canberra Times of 13 November 2010 to seek the views of the community, with consultation ending on 18 December 2010.

In total, eight written responses were received. Of these, four submissions directly engaged with issues raised in the discussion paper and provided suggestions for strengthening the legislative and regulatory framework, while three focused their comments on the issues of housing affordability and homelessness in the ACT. One response, while expressing support for a review of the current regulatory framework, did not put forward a detailed submission.

Canberra Grammar School provided verbal comments raising the issue of if, and how, a revised legislative and regulatory framework might affect boarding schools, given the very different type of ‘boarding accommodation’ they provide, and the need to take this into consideration in any amendments to legislation.

The three submissions which focused on the issues of homelessness and affordable housing have been forwarded to the Department of Land and Property Services for the information of the Housing Affordability Working Group.

To download a copy of the discussion Paper visit Boarding Style Accommodation

Summary of key points made in the submissions

The current arrangements are inadequate to protect occupants and discourage unscrupulous landlords from profiting from vulnerable people.
Clear and consistent definitions need to be developed to minimise confusion and ambiguity. In particular it is necessary to define the terms ‘boarding style accommodation’, ‘boarding house’, ‘overcrowding’, ’occupants’ and ‘tenants’ and apply them consistently across legislation. As well, the occupancy principles in the Residential Tenancy Act 1997 need to be strengthened and clarified.
There is broad support for a prescriptive definition of ‘overcrowding’ based on mandatory minimum standards.
‘Boarding style accommodation’ will need to be defined in a way that does not inadvertently make subject to the same regulation existing informal models such as share housing and student accommodation or bona fide short term accommodation providers such as ‘backpacker hostels’.
Legislation should be cross-referenced to enhance ‘navigability’ and potentially, compliance.
There is support for simplifying and strengthening the regulatory framework, in particular for: concentrating powers of inspection and enforcement in one authority; and establishing a registration and accreditation process and a publicly available register.
Putting a cap on the total amount of rent that can be charged for a property may remove the incentive for overcrowding.
The existing penalty regime needs to be strengthened. Stronger penalties, higher and cumulative fines and proactive inspection and enforcement could be considered, as well as an ‘undue enrichment’ provision.
There is a need to provide protection and support to complainants against retaliatory action (i.e. eviction) to encourage proactive reporting of substandard or illegal rental accommodation arrangements. Third party action by a representative body on behalf of occupants could also be considered.
Any changes to legislation and regulation will need to be supported by public information and education.
Given the lack of affordable accommodation in the ACT, increasing regulation may have the unintended effect of increasing homelessness. To minimise this risk, priority needs to be given to the creation and provision of affordable housing for disadvantaged people.
A working group comprising broad stakeholder representation should be established to resolve the identified issues and progress changes.