Council takes legal action to evict pensioner living on converted bus (2024)

Amid a crippling shortage of houses and rental properties, a regional council in Western Australia is taking legal action to force a pensioner out of his temporary home.

Danny Reinhold is living in a converted bus on private land, and can't afford to rent or purchase his own home.

The pensioner is living on a friend's block — with his permission — in Darkan, 211 kilometres south of Perth in Western Australia's Wheatbelt region.

But the Shire of West Arthur, Darkan's local council, is taking Mr Reinhold to court, accusing him of illegal camping.

He will face a hearing next month, charged with camping outside of a caravan park or camping ground.

"The shire is saying that I'm camping, I have to heartily disagree," Mr Reinhold said.

"I'm not camping, if I was camping, I'd have tent or a swag pitched, I live here.

"It's just like a house, just it's got wheels."

An air-conditioning mechanic by trade, Mr Reinhold works part-time due to health reasons.

"To go and rent, I couldn't do it, I couldn't afford to pay rent. I can afford to live here," he said.

Shire of West Arthur chief executive Vin Fordham Lamont declined to comment, citing the ongoing legal action.

'Ludicrous' approach

WA regulations mean residents need permission to stay in a caravan, bus or other home on wheels for extended periods.

A letter seen by the ABC shows the Shire of West Arthur previously declined Mr Reinhold's application to camp at the property, due to there being no active building permit for the land.

Mr Reinhold has also received visits from the ranger.

Neighbour Martin Michielson said he believed the shire's approach was "ludicrous".

"It's getting harder and harder for people to find somewhere to live, and that's what Dan's doing," he said.

"He's not camping, he's living, it's a necessity for everyone. It'd be a shame to lose him in town.

"I think the shire should be more supportive, offer solutions and not come down heavy-handed."

Mr Reinhold said the situation had affected his health, and feared the ongoing legal action might impact his ability to work.

"I've had sleepless nights, restless nights, tiredness, lethargy; just totally confused, because what do I do? Where do I go?" he said.

"You can't rent anywhere in WA, can't rent anywhere in Australia that's affordable. What do you do at my age?"

While he has lodged an application for public housing, waiting lists for the state's limited stock remain considerable.

He's also reluctant to take away housing for someone more in need.

"In my mind, I'm thinking if I was fortunate enough to be offered one, it means somebody else in a similar situation would miss out," Mr Reinhold said.

"Why can't they just leave me alone in my last few years I've got left?"

What are the rules?

In Western Australia, camping – or living in a home on wheels – for extended periods is restricted to caravan parks or camping grounds.

On private property, residents are allowed to camp for three nights in a 28 day period.

Approval can be granted by local governments to camp for three months in a 12-month period, or for up to 12 months if there is a building or demolition permit in place.

Alternatively, the minister for local government can provide approval for up to 12 months.

Enforcement remains at the discretion of the local council, however, with the Shire of Manjimup recently advising council staff to take a lenient approach to people living in unapproved dwellings due to the housing crisis.

A state government spokesperson said they were unable to provide comment on specific applications due to privacy considerations.

"Generally, the minister for local government will only approve an application if the local government has advised that it is satisfied that health and safety requirements have been met," the spokesperson said.

"However, applications are considered on a case-by-case basis as quickly as possible."

Last month, reforms to residential design codes came into force, including scrapping planning approvals for granny flats up to 70 square metres.

The reforms on ancillary dwellings were made in light of the low housing supply, but do not apply to caravans.