Public and community housing disputes

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 breaking the conditions of their lease agreement.

Your rights

Everyone is entitled to live quietly and respectfully in their home regardless of where they live and whether they rent or own a property. You do not have to tolerate excessive noise or physical or verbal abuse from a neighbour.

Your responsibilities

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 breaking 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
  • let other neighbours and residents 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.

Complaints

You should contact your community housing provider in the first instance to raise any concerns. Keeping written evidence of your concerns is helpful. 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 that 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

Appeals

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:

  1. An internal review by the community housing provider
  2. An external appeal to the South Australian Civil & Administrative Tribunal (SACAT).

Internal community housing provider appeal

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 that appeal, you can lodge a further appeal with the South Australian Civil and Administrative Tribunal (SACAT) within 30 days of receiving notification of the decision.

SACAT appeal

Community housing tenants may legally appeal to SACAT about any of the following 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
  • or any other decision that affects a tenant’s occupation or use of premises.

Before lodging an appeal, you are strongly recommended to seek further advice and information about your 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, contact the Office of Housing Regulation.

For more information, please visit National Regulatory System Community Housing.


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Page last updated 14 November 2017

Provided by:
Department for Communities and Social Inclusion
URL:
http://www.sa.gov.au/topics/housing/resolving-problems-and-disputes/public-and-community-housing-disputes/options-for-resolving-disputes-with-a-community-housing-provider
Last Updated:
14/11/17
Printed on:
21/11/17
Copyright statement:
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