Joey Warren, an 80-year-old man, faced eviction from his family home in Catherine Hill Bay, NSW, where he had lived for over a century. The court had to act as a Fair Rents Board, an entity that ceased to exist in 1987. Warren was considered a “protected tenant” under legislation passed in 1948, which imposed wartime rent control measures. Despite having no written lease, Warren’s family had resided in the cottage since the 1890s, paying rent to the coal company that owned the property. The magistrate set the fair rent at $50 per month based on the property’s value as of August 31, 1939.
Protected tenants in NSW are a dwindling group of residents who were living in their homes prior to the cut-off date of January 1, 1986. The legislation from 1948 retained restrictions on eviction and calculated fair rent based on the capital value of the property in 1939. One expert calculated market rent for Warren’s property at $548 a week, but the magistrate rejected this analysis, opting instead for a fair rent of $50 per month. Warren, who is in declining health, was allowed to keep his family home, safeguarding his tenure in a house with over a century of history. The protection of tenants like Warren is seen as essential, especially for elderly individuals who would struggle to find alternative housing in the private rental market.
The protections afforded to Warren and other protected tenants are seen as crucial in the context of ongoing debates around tenant rights, security of tenure, and rent control. The Minns government has pledged to end “no grounds” evictions on fixed and periodic leases, reflecting a broader trend towards enhancing tenant protections. The historical context of rent control in Australia stems from wartime regulations that expired in 1948, leading to political discussion and the enactment of state laws to regulate rents. The protections established for a small number of tenants in NSW serve as an important safeguard against eviction for long-standing residents.
Catherine Hill Bay, where Warren’s home is located, is one of only two state-listed heritage townships in NSW, highlighting the historical significance of the area. The houses in the town reflect the history of the mining community, with Warren’s family home being a priceless piece of that heritage. The magistrate, in a nod to the classic movie “The Castle,” emphasized the value of allowing Warren to continue enjoying the serenity of his home in his remaining years. These protections not only preserve the historical legacy of places like Catherine Hill Bay but also ensure that long-time residents like Warren can maintain their connection to their homes and communities. The case of Joey Warren underscores the importance of upholding tenant rights and safeguarding the homes of individuals who have deep roots in their properties.
The issue of protected tenancies in NSW has been a subject of debate and reform, with ongoing efforts to balance the rights of landlords and tenants. The protections afforded to individuals like Warren, who have been living in their homes for generations, serve as a reminder of the importance of secure tenure and the right to housing. The Tenants’ Union of NSW has been instrumental in advocating for tenant rights and providing legal support to individuals facing eviction. By ensuring that individuals like Warren can stay in their homes, these organizations play a vital role in upholding housing security for vulnerable populations. The case of Joey Warren exemplifies the broader challenges and debates surrounding tenant protection and rent control, highlighting the need for continued advocacy and support for those facing housing insecurity.
