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| John Higgins, a long time resident of Welfare Street, Homebush, is fighting against plans to evict him. Photo: Sahlan Hayes |
John Higgins has lived in his house since he was a baby and has no plans to leave.
Mr Higgins, 67, is one of the tenants refusing to vacate five homes in Welfare Street and Flemington Road in Homebush after wealthy property investors took over their previously state government-owned homes in June.
"I'm not moving out. I'm in a big battle alongside my neighbours. We're standing together on this as protected tenants," Mr Higgins told Fairfax Media.
Protected tenants have continuing leases and pay below-market rent, in this case about $550 a month. They cannot be evicted except on certain specific grounds.
Mr Higgins said he was offered $10,000 to move out in early December. He is the only remaining tenant to be offered cash, and to receive a notice to attend the tribunal for eviction proceedings.
"I didn't take the money because I'm sticking by my neighbours. And we know our rights," he said.
The five families were listed as protected tenants in the sales contract when their homes were among 12 purchased from the Sydney Olympic Park Authority for $5.8 million in June.
The selling agent acting for the first buyer, HBW1 and the Centennial Property Group, served all tenants with negotiable termination notices in November. Seven of the families moved out within the 30 days specified. CPG sold the 12 houses to individual buyers a few weeks later for a total of $10.5 million.
On the day of the sale, the property group's selling agents, Strathfield Partners, said they had no intention to evict anyone.
However, a legal letter obtained by Fairfax Media reveals the new owners informed Mr Higgins of their plans to evict him just three days before Christmas.
In the letter, Sevag Chalabian of Lands Legal argued Mr Higgins ceased to be a protected tenant when the Sydney Olympic Park Authority bought the site in 1989 because this constituted a new residential agreement.
Mr Higgins and his lawyers at the Inner West Tenants' Advice & Advocacy Service disagreed and were scheduled to defend his tenancy status at the the NSW Civil and Administrative Tribunal in the first week of January.
"We're still on our lease from 1948. It's the only one my dad or me ever signed," Mr Higgins said.
Advocate Martin Baker told Fairfax Media they believe Mr Higgins is a protected tenant under the 1948 act as a child of the original lease owner.
"Our client is a protected tenant and is entitled to remain in his home. The eviction proceedings commenced were misconceived and would have been vigorously defended," Mr Baker said.
But within the final days of 2014 or the first few days of the new year, the tribunal hearing was adjourned and is yet to be rescheduled.
Strathfield Partners managing director Robert Pignataro declined to explain why they had adjourned their actions to evict Mr Higgins.
"We're not evicting anyone like we said at the auction," Mr Pignataro told Fairfax Media.
"But if the so-called protected tenants want to leave their tenancy, the old owner, Centennial Property Group, is happy to come to an agreement [for financial compensation] with them."
If and when the case is rescheduled, the first hearing would focus on whether Mr Higgins was a protected tenant. If it is proved that Mr Higgins is a protected tenant, his eviction would require court action rather than tribunal proceedings.
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