Disputes with your community housing provider
Tenants renting public or community housing or privately who interfere with the comfort, peace and privacy of their neighbours are breaching the conditions of their lease agreement.
Everyone is entitled to live quietly and respectfully in their home regardless of where they live, or whether they rent or own a property. You do not have to tolerate excessive noise, or physical or verbal abuse from a neighbour.
The lease agreement signed at the start of a tenancy sets out some of your rights and responsibilities. If you fail to meet these conditions you will be breaching the lease agreement which can lead to eviction.
Tenants have a responsibility to:
- pay rent in full when it is due
- keep the property in a reasonable state of cleanliness and free from health and fire hazards
- not cause or permit damage to the property, either intentionally or through negligence
- not allow the property to be used for illegal purposes
- allow other neighbours and residents to live in comfort, peace and privacy
- notify the landlord of any repairs or maintenance needed as soon as possible
- comply with all conditions included in the lease agreement.
If you are having problems meeting the conditions of your lease agreement - eg you can't pay the rent - you should speak to your community housing provider as soon as possible. The provider will try to help you rectify the issue - eg make a repayment arrangement that you can afford.
You should contact your community housing provider in the first instance to raise any concerns. It is helpful to keep written evidence of your concerns. If an informal discussion doesn't resolve the issue, you can make a formal complaint or appeal to the community housing provider.
Community housing providers must have a process for dealing with tenant complaints and appeals, and must provide tenants with information about their complaints or appeals process.
Before lodging an appeal it is recommended that you contact one of the organisations listed below to assist in resolving a dispute.
Organisations that can help in a dispute
- Community Mediation Services - provides free, independent advice and support to help reach mutually acceptable outcomes.
- Tenants Information and Advocacy Service - provides free, independent support and advice. It can act as an advocate on your behalf with your community housing provider.
- Consumer and Business Services - renting and letting advice for landlords and tenants.
- Legal Services Commission - for information on free legal advice.
- Police - phone 131 444. If you file a report, ask the police for a copy and keep it for your records.
- Environment Protection Agency (EPA) - phone 8204 2000.
- Domestic Violence Gateway Service - freecall 1800 800 098 or contact your local community health centre for advice.
- Financial counselling - ask your provider about services available in your local area.
- Your local council.
All community housing providers have their own complaints process and are responsible for appeals or reviews that come from a decision they have made. Contact your community housing provider for more information and to lodge your complaint or appeal.
There are two levels of appeal:
- An internal review by the community housing provider
- An external appeal to the South Australian Civil & Administrative Tribunal (SACAT).
If you are appealing a decision made by a community housing provider you must lodge your appeal within 30 days of receiving notification of the decision.
An appeal must be made in writing and must include:
- your name and contact details
- the name of any other parties involved eg another tenant
- details around how the dispute arose
- a clear indication that this is an appeal.
If you are unhappy with the outcome of the appeal you can lodge a further appeal with the South Australian Civil and Administrative Tribunal within 30 days of receiving notification of the decision.
Under the Community Housing Provider (National Law) (South Australia) Act 201 (CHP Act)., Schedule 2 (2), community housing tenants may be able to appeal decisions to SACAT in relation to any of these decisions by a community housing provider:
- assessment of eligibility or financial circumstances of the tenant
- allocation of premises
- state of a premises
- rent and charges
- membership of a community housing provider
- any other decision that affects a tenant’s occupation or use of premises.
Prior to lodging an appeal, you are strongly recommended to seek further advice and information about your own situation from SACAT or one of the organisations listed above.
Complaints to the Housing Registrar
The Housing Registrar investigates complaints where there is evidence a community housing provider has not met its obligations under the National Regulatory Code.
If you want to make a complaint of a serious or sensitive nature about your community housing provider you may contact the Office of Housing Regulation.
For more information please visit National Regulatory System Community Housing.