Thousands of First Nations tenants living in substandard public housing in remote Western Australia have joined a class action led by one of the country's most prominent law firms.

Slater and Gordon filed the lawsuit in the Federal Court claiming the Housing Authority and the WA government breached multiple residential tenancy and consumer protection laws over a 14-year period from July 2010 until August 2024.

The firm alleges in some cases, First Nations people were forced to use bottled water for drinking and cooking because tap water contained "nasty contaminants".

The statement of claim alleges as landlord, the Housing Authority and State failed to adequately maintain, repair and carry out structural and other improvements to public housing rental properties, and/or to do so within a reasonable time; provide public housing that was reasonably secure; provide public housing that was reasonably comfortable; and ensure that public housing rental properties complied with basic health and safety laws.

The law firm has also accused the Housing Authority and State of taking advantage of Aboriginal tenants living in the East Kimberley, West Kimberley, Pilbara, Wheatbelt, Mid West, Gascoyne, and Goldfields-Esperance by slugging them with high rent for poorly maintained properties.

The class action alleges the substandard housing meant many First Nations tenants' lives were at risk because large cattle and venomous snakes could enter the rundown properties.

Slater and Gordon are seeking financial compensation for thousands of tenants for the losses and damages they have suffered, including repayment of rent where the property was without basic working amenities, and for inconvenience, disappointment and distress that housing-related concerns have allegedly caused.

The class action will also seek repayment of expenses they have incurred to rectify housing defects and issues, such as buying and installing air conditioners, door locks, increased power costs among other costs.

Slater and Gordon class actions principal lawyer Gemma Leigh-Dodds said every person deserved safe and reasonable housing.

"For too long Aboriginal people living in remote communities have been expected to 'put up and shut up' in relation to their housing rights," she said.

"By filing this class action on their behalf, we are demanding better housing justice for Aboriginal Western Australians."

Ms Leigh-Dodds said the law firm inspected almost 200 public housing properties in several remote communities across the state and found many tenants were allegedly forced to live in dilapidated housing with broken windows, exposed electrical wiring, widespread mould and rodent infestations.

The senior associate said repeated requests by tenants to fix the repair to the homes were ignored by the Western Australian government.

"There are some communities where the water from the tap is not safe to drink due to high levels of nasty contaminates like nitrates and uranium," Ms Leigh-Dodds said.

"As a result, some community members are forced – and have been for years – to rely on bottled water for drinking and cooking. It's as if the State has decided, 'that'll do' when it comes to Aboriginal Australians.

"This class action will establish, among many other things, that the supply of safe drinking water is a basic legal entitlement that every tenant should have access to in Australia in 2024."

Ms Leigh-Dodds said First Nations people were paying hundreds of dollars a fortnight to live in houses without the most basic needs.

"Through this class action, we're holding those responsible for WA's public housing accountable," she said.

"We're saying, you can't collect rent and not uphold your end of the bargain."

A WA Department of Communities spokesperson told National Indigenous Times that the Housing Authority is unable to comment on the Slater and Gordon notice of action at this time, as it is before the Court.

"Funding and construction of new housing in remote Aboriginal communities was previously a shared responsibility between State and Commonwealth Governments, with a significant funding contribution from the Commonwealth. However, in 2018, the previous Commonwealth Government withdrew its funding to remote Aboriginal Community Housing," the spokesperson said.

"A number of properties in regional and remote areas include housing stock managed by Aboriginal community-controlled organisations.

"The WA government announced a $350 million Remote Communities Fund in 2023 to upgrade essential services and undertake high priority refurbishments and upgrades of houses in remote and town-based Aboriginal communities. There is also a significant amount of funding for maintenance and community housing grants available to Remote Aboriginal Communities through the State Government."

The Department spokesperson said these grant programs form part of the state government's $3.2 billion investment in housing and homelessness measures.

"Additionally, the State Government's North-West Aboriginal Housing Fund is a $200 million initiative that aims to create pathways to social and economic independence and wellbeing for Aboriginal people in the Pilbara and Kimberley regions," they said.

The class action follows a landmark legal victory against the Northern Territory government which determined it should pay damages to First Nations people in the remote community of Santa Teresa for the distress caused by failing to provide safe housing.

The case is the culmination of a nine-year legal battle by 70 renting households of Santa Teresa/Ltyente Apurte, and will have ramifications for all tenants across the Top End.