URGENT

[date]

[contact]

By email: [insert]

Dear [insert]

[Client name and address] (Property)

Thank you for making time to discuss this matter this morning and for your fax.

As I mentioned, Homeless Law is assisting [client] on a pro bono basis. A copy of an Authority to Act, Obtain and Disclose Information signed by [client] is attached for your records.

We refer to [VCAT number] and to the application for possession of the Property which is scheduled to be heard at [time and date] at VCAT in [location].

This letter sets out information about [client] and his/her circumstances. It includes:

  • a summary of [client]’s background, including a history of homelessness;
  • a statement showing that [client] has re-commenced his/her Centrepay arrangements, so that $[x]per fortnight will be paid to [landlord] (an arrangement that means his/her arrears would be repaid in approximately [x] months); and
  • details of [client]’s engagement with support services.

We have also set out a short section on the Charter of Human Rights and Responsibilities Act 2006 (Vic) (Charter), which it would be good to discuss with you.

[client]’s background

A summary of the circumstances [client] has instructed us about is set out below.

  • [insert detailed information about the client’s circumstances, including information about mental illness, substance dependence, family breakdown, history of homelessness, history of incarceration]

[client]’s tenancy

[insert information about when the tenancy commenced and, if appropriate, whether rent was previously consistently paid]

We are instructed that [client]’s reasons for struggling to keep up with his/her rent are:

[sample below]

  • [his/her struggles with alcohol dependence;
  • his/her recent job loss;
  • his/her recent attempt to stop his/her medication for alcohol dependence “cold turkey”, which has left him/her extremely unwell;
  • incurring unexpected expenses such as a $400 electricity bill;
  • severe difficulty prioritising payments and budgeting (this is recognised by Centrelink and [client] receives his/her payments weekly rather than fortnightly as a result); and
  • extreme financial hardship ([client] instructs us that on occasions, once his/her rent was deducted, [client] did not have enough money left to eat properly).]

Given his/her history of homelessness and overlapping vulnerabilities, as well as the acute shortage of affordable accommodation in Victoria, it is highly unlikely that [client] will be able to access alternative accommodation. His/her eviction from the Property would therefore cause him/her to re-enter homelessness and would [further jeopardize his /her already fragile mental health / present an increased risk of recidivism (given the connections between lack of stable accommodation and re-offending) / present a significant obstacle to recovery].

While we appreciate the difficulty that [landlord] has experienced with [client]’s failure to regularly pay rent, we request that you give proper consideration these factors before pursuing the Possession Order.

[client]’s engagement with support

[insert details of any supports the client has, for example, case workers, GPs, psychologists, D&A. This shows both (a) hardship and (b) that support is in place which might assist to address the arrears]

Proposed payment plan

On [date], [client] contacted the Centrelink Engagement Team and re-commenced his/her Centrepay deductions to [landlord] of $[x] per fortnight. Given that [client]’s rent is currently $[x] per fortnight, this means he/she will be paying $[x] per month toward his/her arrears.

This payment plan means that [client] would repay the arrears to [landlord] in approximately [x] months.

A letter from Centrelink is attached which confirms that [client]’s Centrepay deductions have been re-commenced.

On the basis of the proposed arrangement to pay $[x] per fortnight, and in light of [client]’s severe hardship, we request that [landlord] enters into a payment plan and withdraws the application for possession. We further submit that [landlord] would not suffer financial loss if this arrangement was entered into.

Victoria’s Human Rights Charter

[landlord] is a public authority for the purposes of Victoria’s Charter of Human Rights. Section 38 of the Charter requires public authorities to act compatibly with human rights and togive proper consideration to human rights in decision-making.

The most relevant right in [client]’s situation is the right under section 13(a) not to have his/her home or privacy unlawfully or arbitrarily interfered with.

We understand that at no stage has [landlord] spoken with [client] about his/her arrears or the factors that had caused him/her to fall behind in his/her rent. It is not clear that proper consideration has been given to the fact that [client] will be homeless if evicted from the Property.

Given that [client] has re-commenced a payment plan which will address his/her arrears, and in light of his/her numerous vulnerabilities discussed above, we suggest that the decision to evict [client] into homelessness is a disproportionate response to his/her arrears.

We would welcome the opportunity to discuss this with you in more detail.

* * * * *

Please call me as soon as you’re able to.

Thank you for taking time to consider the content of this letter.

Yours sincerely

[lawyer]

Volunteer Lawyer

Justice ConnectHomeless Law