:format():fill())
Introduction
Everyone deserves a safe and secure place to call home. With more older Australians renting, and sometimes unexpectedly, understanding the laws that protect renters and the changes being made to strengthen them are more important than ever.
Significantly, renting isn’t just a phase we go through when we’re young – many people are now set to rent for life. Some are becoming renters by necessity, not choice, and older people are among them. Whether it’s the tougher housing market or the complications of a relationship breakdown, more people in mid to late life are finding themselves renting, some for the first time.
:format():fill())
Challenges for older renters
Renting at an older age can be associated with the risk of poverty and adverse effects on health and wellbeing, according to the Australian Institute of Health and Welfare (AIHW). If you are an older tenant, being aware of your rights and the law can help you safeguard your security.
A review of 2021–2026 Census data showed that the number of older Australians in private rentals is growing.1 In 2021, 11% of people aged 55 or over (close to 700,000 people) rented a home from a private landlord. In comparison, that figure in 2011 was 8% (close to 296,000 people). Statistics show that more older women are renting than older men.
One reason for this increase could be that relationship breakdowns often involve the division of assets, leaving some financial security but not enough to buy back into an overheated housing market. Another is that the current market for private rentals in Australia is extremely tight.
The rental crisis and older people
The private rental market can be very tough on tenants, especially those who are on low incomes or vulnerable. The vacancy rate has been less than 1.5% across the country for a few years now. A healthy balanced rental market, with enough vacant properties to satisfy landlords and tenants, would be around 3 to 5%.
In simple terms, there aren’t enough vacant rental properties for everyone who needs one. And as rents and evictions increase, demand soars for social (public or community) housing delivered by governments and tenancy support services.
We’ve all seen and heard media stories about the rental crisis. Around the country, images and media stories of people queuing to inspect properties or, worse still, living in cars or couch surfing are common.
The number of older people living in low income households in private rentals nearly doubled in the decade to 2021. If these people were evicted or became unable to pay higher rents, they may not be able to find another place to live.
In addition, the AIHW reports, older people who rent are more likely to move house than those who own their homes outright.2 And with every move comes the stress and expense of finding a new place to live.
:format():fill())
Increased legal protection of tenants
The rental crisis has seen increased calls for greater protection of renters. State governments are responsible for making and enforcing laws and regulations about renting. New South Wales, for example, is about to ban what’s called ‘no-fault’ or ‘no grounds’ evictions, joining the ACT, Victoria, Queensland and South Australia.
Under current laws, a tenant might be evicted even if they’ve paid their rent on time, they’ve looked after the property, and the landlord intends to keep renting out the property. Removing ‘no grounds’ evictions will provide greater security to tenants and introduce balance.
This important reform should give renters confidence to use their other rights – to have repairs completed, for example.
Where can older renters get help?
Understanding your rights as an older tenant can be the first step in working out how to deal with a difficult renting experience. By keeping informed and seeking out the help that’s available, you will be better able to look after yourself and maintain your housing security.
Each state or territory government has a website advising landlords and tenants about the various laws about renting. These are often within government websites talking about fair trading or consumer protection.
Each jurisdiction also has a network or specialist tenancy support services to help tenants, especially those currently experiencing a difficult process like actual or threatened eviction. See below for relevant links in your state or territory. While these services may be severely strained, they often have very helpful advice and tips on their websites.
If you are worried about the security of your rental situation, seek help. Talk to a friend or family member who can support you, and contact the tenancy support service. Some aged care providers, charities and spiritual communities have services that can help older people navigate rental issues or understand their legal rights.
If your situation is desperate and you are currently homeless or could soon be, don’t wait – the AskIzzy online tool can help you find emergency or crisis accommodation in your local area. Ask Izzy is a website that exists to connect people in need with support, from meals to counselling.
:format():fill())
Resources
Information about Commonwealth Rental Assistance eligibility:
Australian Capital Territory:
New South Wales:
Northern Territory:
Queensland:
Tasmania:
South Australia:
Victoria:
Western Australia:
by Cathy Callaghan
:format():fill())
Cathy is an advocate for better and fairer housing policies, based in New South Wales.
References
[1] Stone, W et al. (2023). Ageing in a housing crisis: older people’s housing insecurity and homelessness in Australia. Swinburne University of Technology. DOI
[2] Australian Institute of Health and Welfare (AIHW) (2024). Older Australians: housing and living arrangements. Web report.
All comments are moderated. Please visit our terms of use for guidance on how to engage with our community.