URGENT

[DATE]

[ATTENTION TO]
[LANDLORD]
[ADDRESS LINE 1]
[ADDRESS LINE 2]

Dear [LANDLORD]

[CLIENT NAME], [ADDRESS] (the Property)

We refer to the Possession Order dated [INSERT DATE] in relation to the Property.

We are assisting [CLIENT NAME] on a pro bono basis.

The purpose of this letter is to:

  1. offer to pay a lump sum of $[INSERT AMOUNT] toward the arrears immediately;
  2. propose a payment plan of $[INSERT AMOUNT] per fortnight (i.e. [CLIENT’S] rent plus $[INSERT AMOUNT] toward the arrears each fortnight) until the arrears are addressed;
  3. explain the reasons that [CLIENT NAME] has fallen behind in the rent and the steps that s/he is taking to address these problems;
  4. set out [CLIENT NAME]’s circumstances and explain the risk that s/he will re-enter homelessness if evicted; and
  5. request that, subject to [CLIENT NAME] complying with a proposed payment plan (under which the arrears would be repaid in full by [INSERT MONTH]), [INSERT HOUSING NAME] agrees not to purchase or execute the warrant in relation to the Property and to allow [CLIENT NAME] to sustain his tenancy.

This letter also reminds [HOUSING NAME] of its obligations as a registered Housing Association under the Housing Act 1983 (Vic) (Housing Act) and as a social housing provider under the Charter of Human Rights and Responsibilities Act 2006 (Vic) (Charter).

We appreciate that this is a very tight timeframe, but given the urgency of the matter, please confirm before [INSERT TIME, DAY, DATE, MONTH, YEAR] that further enforcement steps (in particular, purchase or execution of the warrant) will be put on hold while the content of this letter is considered.

[CLIENT NAME] – background and history of homelessness

We are instructed that:

–[CLIENT] moved to Australia from [INSERT] in about 1999. He came as a refugee and had suffered significant trauma before moving to Australia.

–He lived in public housing between approximately 2005 – 2009, but he fell behind in his rent and was evicted. His chronic gambling addiction was the cause of his arrears and this is discussed further below.

–[CLIENT] was homeless for a period of about six months. He slept rough for a short time before being referred to [service].

–His worker at [NAME OF PLACE, NAME OF CASE WORKER], assisted him to access the current Property where he has lived for almost three years.

[CLIENT] explains that after he was evicted from public housing he felt suicidal and considered ending his life [CLIENT] reports that he has become isolated from his community. He has no friends or family that he can turn to for support.

He has gained significant strength from his employment as a [insert], where he has worked for eight years. He instructs that he feels respected there and he respects his colleagues. He managed to hold down his employment despite his homelessness in 2009.

[CLIENT] instructs that he has a chronic gambling addiction which he has struggled with for seven years. He appreciates that this is a debilitating problem and is committed to addressing his addiction.

Addressing the arrears and sustaining the tenancy

Proposed payment plan

[CLIENT NAME] earns approximately [INSERT AMOUNT] per fortnight from his/her[INSERT TYPE OF EMPLOYMENT] as [INSERT OCCUPATION].

The Possession Order identifies that [CLIENT NAME] owed [INSERT AMOUNT OF ARREARS] at [INSERT DATE]. We understand that S/he paid [INSERT AMOUNT] on about [INSERT DATE], but has not paid any further amounts since this time. [CLIENT NAME] instructs that the current arrears are approximately [INSERT AMOUNT]. We also understand that [CLIENT NAME]’s rent is [INSERT AMOUNT] per week i.e [INSERT AMOUNT] per fortnight.

Please let us know if these amounts are not accurate.

[CLIENT NAME] is committed to making the following payments to [INSERT HOUSING NAME]:

DATE / TOTAL AMOUNT (i.e. rent + arrears) / AMOUNT TOWARD ARREARS
TOTAL

The amount of [INSERT AMOUNT] can be made immediately upon [HOUSING NAME] confirmation that, subject to [CLIENT NAME] complying with the above payment plan, [HOUSING NAME] will not purchase or execute the warrant in relation to the Property.

We reiterate [CLIENT NAME]’s instructions that S/he appreciates the importance of paying his/HER rent and S/he is committed to making sure S/he meets this obligation in the future.

Support to sustain the tenancy – [addressing ANY ISSUES CLIENT MAY HAVE]

In our conversation with [CLIENT] on [DATE], we provided him with the Gambling Help number, 1800 858 858.

[CLIENT] called that number on [DATE]. He spoke with –[NAME], who made an appointment for him to see a financial counsellor at [ADDRESS] [TIME, DAY, DATE]]. [CLIENT] is also going to have an appointment with a counsellor specialising in gambling addiction next week and is waiting for confirmation of the time and date.

We can provide further information about [CLIENT] engagement with these supports if needed. We reiterate that he is committed to addressing his addiction.

[CLIENT] also instructs that he will arrange for his rental payments to be paid directly to [HOUSING NAME] by his employer (initially [INSERT AMOUNT] per fortnight and, once the arrears are addressed, his full fortnightly rent). We hope this provides comfort to [HOUSING NAME] that [CLIENT] is committed to addressing his arrears and keeping up with his rent.

With proper supports in place, [CLIENT] will have a chance of overcoming his addiction and continuing in the employment that he is so committed to. If he is evicted from the Property, his mental health will deteriorate and his ability to address his addiction and sustain his employment will be extremely limited.

[HOUSING NAME] obligations as an Affordable Housing Association and a social housing provider

We appreciate the financial imperatives of [HOUSING NAME] in relation to payment of rent.

We note, though, that [CLIENT NAME] is a [AGE AND GENDER OF CLIENT] with a history [INSERT ANY SIGNFICANT HISTORY OF ILLNESS, HISTORY OF HOMELESSNESS]

S/He is now at risk of re-entering homelessness.

We refer you to the Performance Standards for Registered Housing Agencies (Performance Standards), which set out the standard of operation required of [INSERT HOUSING NAME] as a Registered Housing Agency under the Housing Act. The Performance Standards require that YCH:

–has policies and strategies to deal with tenants in financial difficulties and with arrears of rent;

–has policies and procedures which strive to sustain tenancies; and

–has policies and strategies to deliver housing services in a fair and equitable manner to its tenants.

We further refer you to [HOUSING NAME] own mission statement: “INSERT THEIR MISSION STATMENT”.

We suggest that to comply with its obligations and fulfil its commitment to sustaining tenancies, [HOUSING NAME] should accept [CLIENT NAME]’s proposed payment plan, which will give him/HER the opportunity to stay in the Property, address his/HER addiction and continue to participate in employment.

Further, as you know, as an organisation that provides affordable housing to vulnerable tenants on behalf of the State, [HOUSING NAME] also has obligations under the Charter of Human Rights and ResponsibilitiesAct 2006 (Vic) (Charter) to act in a way that is compatible with human rights and to give proper consideration to the human rights impact of any decision to evict [CLIENT NAME] from the Property (section 38).

The most relevant right in [CLIENT NAME]’s situation is the right under section 13(a) not to have his/HER home or privacy unlawfully or arbitrarily interfered with. We encourage [HOUSING NAME] to give proper consideration to [CLIENT NAME]’s Charter rights in making a decision about whether or not to evict him/HER into homelessness, including by balancing the seriousness of the consequences for [CLIENT NAME] against [HOUSING NAME] reasons for proceeding with the eviction.

Conclusion

[CLIENT NAME] has lived in Australia for approximately [INSERT YEARS] after fleeing a war torn country. S/He has successfully maintained his/HER employment for [INSERT TIME FRAME] despite experiencing homelessness and addiction [ILLNESS ECT].

S/He realises that his/HER gambling addiction has placed his/HER housing in crisis and S/he is committed to addressing his/HER gambling problem and his/HER rental arrears.

If S/he is evicted from the Property, S/he will re-enter homelessness, his/HER fragile mental health will deteriorate and his/HER ability to maintain his/HER employment will be jeopardised.

* * * * *

We reiterate our request for you to confirm by[TIME, DAY, DATE]that no further enforcement action will be taken in relation to the Property (in particular, purchasing or executing the warrant) while [CLIENT NAME]’s repayment proposal is being considered.

Thank you for taking time to consider the content of this letter. We would wecome the opportunity to discuss it with you. Please let me know if you would like to do so

Yours faithfully,