It's not a house. It's a home.

In an amazing victory following a long-fought legal battle, Tenants' Union client Mr Charles Joseph Warren has secured his ability to stay in his family's home of more than 100 years through a Fair Rent Determination. 

Mr Warren, or 'Joey' as his friends and family know him, has been in and out of court for years with his landlord, including fighting for his right to stay. An ex-miner, he has lived his whole life in the former mining town of Catherine Hill Bay. Now an elderly man 80 years in age, with declining health, Joey wished to stay and enjoy the serenity of his home for his remaining years. Unfortunately, his developer landlord, Wallalong Land Developments have taken action which could have resulted in him being evicted from his home. 

Joey's home is an old cottage which dates back as a family home more than 100 years. Joey is the third and last generation of miners at the Bay. The cottage was passed down from generation to generation in the family, starting from his late grandfather who worked at the mines at the turn of the last century to late Grandma Walton and then to Joey in the 1960s. Mining operations ceased in the early 2000s.

Catherine Hill Bay is a heritage-listed 'Company Town'. Wallalong Land Developments purchased the land and aims to build a large-scale residential community. Joey's home is an impediment to their plans. In November 2021 Wallalong commenced proceedings in the Supreme Court to evict him. However, Joey is what is known as a 'protected tenant' under the Landlord and Tenant (Amendment) Act 1948 (the '1948 Act'). 

The 1948 Act provides enhanced rights and protections particularly around rent and evictions compared to current tenancy legislation. The 1948 Act was amended numerous times over the years and narrowed in phases until eventually no new protected tenancies may be created post 1 January 1986. 

Still, a small number of tenants of residential premises across New South Wales live in premises covered by the 1948 Act. The 1948 Act was repealed in 2019 but savings provisions continue in operation for a narrow class of elderly tenants. For more information, see our Protected Tenants infosheet. 

In earlier proceedings (2021-2022) Wallalong sought Joey's eviction in the Supreme Court. Wallalong discontinued their application on the first day of the hearing and agreed to pay Joey's costs of that case. The Tenants' Union represented Joey in those proceedings.

However in August 2023, the landlord once again commenced action, this time in the Local Court, seeking an increase to Joey's rent of approximately 4,500%! Represented by the Tenants' Union, Joey fought this application and almost a year later, the Belmont Local Court handed down the decision setting Joey's rent at his current rate without any change. The Court observed that the action by the developer landlord was an attempt to increase the rent substantially and potentially to such a level which might force Joey to vacate his home. In applying the 1948 Act the Court noted:

The protections conferred by the Act allow Mr Warren the opportunity to continue to enjoy the “serenity” of his home for his remaining years.

Joey is still owed legal costs from the Supreme Court case, which to date have not been paid by his developer landlord. The Tenants Union continues to represent Joey to recover these costs from the developer. 

We are pleased to see this outcome for Joey. This was a drawn-out legal struggle between an elderly pensioner and a multi-millionaire developer landlord. Like all renters, Joey deserves a secure place to call home, and protection from unfair eviction. 

We see this as a really important protection for this group of people who have been in their homes for a very long time.

Joey is an exemplar of that, where you’ve got three generations of family and more than a century’s history. A lot of the protected tenants are similar.

They’re almost exclusively now elderly people who really would struggle to find a home in the private rental market.

- Leo Patterson Ross, Tenants' Union CEO, in the Sydney Morning Herald

The Tenants' Union is committed to fighting for people like Joey who face uncertainty or challenges to their right to stay. We will continue to fight for tenants rights to ensure that renters can enjoy the "serenity" of a secure place to live. As the Court noted, even for tenants like Mr Warren, the importance of their residence cannot be overstated – "It's not a house. It's a home."

Read more in this Sydney Morning Herald article by Michaela Whitbourn.