Malika’s story – facing eviction due to property damage
Malika* was referred to Homeless Law by her support worker when she received a notice to vacate based on allegations of serious damage to her community housing unit. Malika has a history of homelessness and lives with addiction issues.
The notice to vacate alleged Malika had made two large holes in her unit door with a hammer. The incident was captured on CCTV. Malika couldn’t recall the incident but agreed it was her in the CCTV footage. She admitted she’d been drinking more after the anniversary of her partner’s death.
Malika and her support worker had strong rapport. Malika provided her worker consent to make a referral to a drug and alcohol counsellor. The support worker also provided the lawyers with a support letter that outlined Malika’s engagement with their program and impact they believed eviction would have on her.
At VCAT, the Homeless Law lawyers submitted the worker’s support letter, evidence of the referral to the drug and alcohol counsellor and a letter from Malika’s doctor. They lawyers argued that it would not be reasonable and proportionate make a possession order given the impact it would have on Malika and her recovery and the steps she had taken to reduce the chance that a similar situation would occur again in the future.
The VCAT member was persuaded by the arguments and dismissed the rental provider’s application on the basis it would not be reasonable and proportionate to make a possession order. Malika was able to remain in her home and continue engaging with her supports.
*Names have been changed to preserve anonymity
