Andrew Braddock is sponsoring a Canberra academic and former local university lecturer’s petition proposing a new clause be added into standard tenancy agreements named the ‘Well Being Clause’.

Adam Hughes Henry launched the petition on behalf of struggling renters in the ACT, who, he says, have no current protections for their dignity.

The online petition currently has over 11,000 signatures and this week was sponsored as an e-Petition in the ACT Legislative Assembly by ACT Greens Member Andrew Braddock.

The ‘Well Being Clause’ outlines protections for tenants to be upheld by landlords and rental agencies to protect the human rights of renters.

The clause states:

1. The decisions/actions of owners/real estate agencies cannot:

a) place any tenant/s at reasonable risk of homelessness;

b) diminish the employment opportunities of the tenant/s;

c) devastate the finances of the tenant/s;

d) negatively impact on the tenant/s carer responsibilities;

e) disrupt the education of children.

In the event that the tenant experiences any events listed as a consequence of decisions taken by owner or agency, namely, a,b,c,d,e, the OWNER must negotiate reasonable and fair compensation and/assistance to the tenant/s.

Mr Hughes Henry said the idea for the petition was sparked after he received a notice to vacate his property shortly after last year’s lockdown and he and his family were subsequently almost rendered homeless.

“It was pretty distressing. We were given a notice to vacate one week after lockdown because the landlord wanted to move back in, and we applied for lots of places with no luck. It was a serious possibility that myself, my wife, our two children, and my 79-year-old mother were all going to be homeless,” he said.

“I was so outraged at the complete callousness of the owners and agency. They didn’t care that our children could have been pulled out of school, my mother would have been placed in emergency care, our family may have been separated, or what would have happened to all of our belongings.”

After the unpleasant encounters with his former landlord and property manager, Mr Hughes Henry was compelled to investigate if his situation could be deemed a human rights issue. He was astonished to be told by the Human Rights Agency that it was “a matter for the tribunal”.

“I was mocked by the agency when I said I would look into the human rights of tenants, and they made some kind of ridiculous comment along the lines of, ‘that’s the politicians’ job’,” he said.

“I thought there just needs to be a wellbeing clause in tenancy agreements. If owners want to move back into their property, that’s fine, but the wellbeing of tenants needs to be considered. At the moment they don’t have to do anything for us, they don’t have to consider us at all.”

Currently the petition has over 11,000 signatures and Mr Hughes Henry said he’s had Canberrans getting in touch with him to share “heartbreaking” stories like his own.

Proposed clause ‘unlikely to strike appropriate balance’

In response to the petition and Mr Hughes Henry’s experience, an ACT Government spokesperson said the current approach for a landlord’s ability to end a tenancy “strikes a balance” between certainty for tenants, and the ability for landlords to utilise their asset as they see fit.

“The proposed ‘Well Being Clause’ is not currently contemplated and it is unlikely to strike an appropriate balance between the interests of landlords and tenants. The wellbeing of tenants in our community is of great importance to the government and a range of reforms have been progressed in recent years to improve our residential tenancies legislation to strengthen the rights of tenants in the ACT,” the spokesperson said.

“Existing legislation also currently limits the landlord’s ability to end a fixed term tenancy to a very narrow set of circumstances including, for example, where the tenant is in breach of their agreement, where the property is no longer considered fit for habitation, or where the landlord is experiencing significant hardship.”

ACT Greens Member Andrew Braddock sponsors petition and disagrees with ACT Government

Mr Braddock said he disagreed with the ACT Government’s view and was hopeful his ACT Greens colleagues would support the petition.

“I do disagree with the statement that ‘it’s unlikely to strike an appropriate balance’. There has to be greater consideration for tenants,” Mr Braddock said.

“Of course, landlords have rights and that needs to be respected, but there needs to be an understanding how landlords’ decisions can impact tenants.”

Mr Braddock said he decided to sponsor the petition because it has some interesting ideas that he believes the ACT Government need to discuss, to determine whether “we have struck the right balance, or if we need to protect renters more.”

“We need to have more conversations about renters right because the situation that Adam describes, experiencing the threat of homelessness with kids and an elderly mother, shouldn’t happen to anyone,” said Mr Braddock.

“By sponsoring the petition, it allows the ACT Government to determine if we need to adjust the tenancy laws for tenants human rights.”

Better Renting Director supports petition

Executive Director of Better Renting, Joel Dignam, said this petition shows the appetite from Canberra renters for fairness.

“What I think is important in this is the acknowledgement of how landlords’ and agents’ decisions affect tenants. The idea of compensation is one we raised last year to the ACT Government, particularly when tenancy is ended and people are forced to move,” Mr Dignam said.

“It’s really important for people to be speaking out and talking about what’s wrong with the system so that we can do better, and so that our politicians can take action. So few of them are aware of what it’s like to be a renter.”

Mr Dignam said the ACT Government has taken the important step of moving to end the “unfair” no grounds evictions, but he would like to see more weight given for renters to be able to stay in their homes, and sooner.

“This petition is a pretty dire reflection of renting in Canberra, and I think it’s so different for so many people. The fact that makes this situation so striking is that Mr Hughes Henry is not unusually poorly off – he’s the sort of person who should be able to buy his own home,” he said.

“If Mr Hughes Henry were born 20 years earlier, he may have been able to have bought a home. Everyone should be able to get by, and if people like Adam can’t, it just shows how tough it is out there.”

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