The Ombudsman has published a final investigation report which concluded that the SA Housing Trust erred in its handling of a tenant’s concerns about the safety of two housing trust tenancies.
The complaint to the Ombudsman alleged that the SAHT was failing to take action to address a tenant’s concerns that her housing was contaminated with methamphetamine, which she alleged was impacting her health. It was also alleged that the tenant was moved into this house after her previous tenancy had been contaminated with black mould for over six years.
The Ombudsman considered whether the SAHT took enough action to ensure that the properties met reasonable standards of health, safety and security for the tenant.
Insights
The SAHT has an obligation to ensure that its properties are safe for its tenants.
This investigation has highlighted that a failure to take timely and sufficient action to address maintenance concerns can have serious impacts on tenants.
Outcome
In relation to the property contaminated with black mould, the investigation found that it took the SAHT a total of 6.5 years to transfer the tenant out of the contaminated property. The Ombudsman determined that this was unreasonable and meant that the SAHT failed to meet its obligations to the tenant to ensure the housing provided to her was safe. The Ombudsman found that this amounted to an error under the Ombudsman Act 1972.
In relation to the property contaminated with methamphetamine, the investigation found that the SAHT had an obligation to relocate a tenant once it was aware there was drug contamination at unsafe levels. In this instance, the SAHT failed to relocate the tenant, amounting to an error under the Ombudsman Act.
The Ombudsman made several recommendations, which the SAHT has agreed to implement. These recommendations are aimed at ensuring urgent action is taken when a property’s condition is impacting a tenant’s health and that there is oversight of this action.
