A Supreme Court decision which saved a long-term social housing resident from being evicted into homelessness has been appealed before the Full Court.
Housing Tasmania appealed the 2018 decision of Justice Gregory Geason, which effectively meant all public housing tenants would have to be provided with reasons for their eviction and an opportunity to remedy any breach, on Monday.
The case centres around social housing resident, Gregory Parsons, 55, who was served a Notice to Vacate his home of 10 years in 2017.
The court heard Housing Tasmania refused to give Mr Parsons any reason for his lease not being extended and, despite being made aware this eviction would make him homeless, Housing Tasmania did not review the decision.
Mr Parsons, who was eligible for social housing due to an intellectual impairment, had previously extended his lease a total of 14 times without issue.
Representing the Director of Housing in the appeal, Solicitor Michael O'Farrell told the court all landlords have the right to file a notice in accordance with the Rental Tenancy Act to gain possession of their property.
"Housing Tasmania is not in a position of evicting tenants without good reason," Mr O'Farrell said.
"It's all very well to say there were 14 extensions, the issue is - what were the contractual obligations between the parties? The lease had expired."
Barrister Ron Merkel, who represented Mr Parsons, said the context of the case needed to be taken into account.
Mr Merkel said, although Housing Tasmania's right to evict Mr Parsons on the basis of his lease expiring may be a genuine reason, it was not just because there were no reasons provided to him as to why he was evicted and because this would cause him to become homeless.
Mr Parsons had a "very remote" chance of getting another tenancy through Housing Tasmania, Mr Merkel said.
Mr Merkel also argued Housing Tasmania's policy regarding tenants and its homelessness guide both demonstrated the policy the Director of Housing has is to only evict residents as a last resort and to have transparency in decision-making.
The Full Court reserved its decision and was adjourned.