Follow these steps to resolve a problem between a community housing provider and a tenant.
- Step 1
Discuss it first
Most problems in rented properties are resolved quickly with good communication. Your first approach should be to calmly describe the problem to the other person, then discuss how it might be resolved.
Tenant responsibilities
Tenants should speak to their housing provider as soon as possible if they are having problems meeting the conditions of their agreement - eg difficulty paying rent. The provider must try to help the tenant solve the problem - eg make a repayment arrangement.
- Step 2
Write a complaint
Tenants can make a formal complaint if a discussion with their community housing provider hasn't been successful. Make sure written evidence of the concerns are included in the complaint.
Community housing providers must have a process in place for dealing with complaints, and must give tenants information about that process.
- Step 3
Who else can help
Contact one of these organisations to help resolve the dispute or to prepare an appeal.
- RentRight SA - can act as an advocate on your behalf with your community housing provider
- Consumer and Business Services - renting and letting advice
- Legal Services Commission - 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
- Financial counselling - ask your provider about services available in your local area
- Your local council
- Aged Rights Advocacy Service
- Seniors Information Service
- Office of the Public Advocate
- Disability Advocacy and Complaints Service
- Disability Rights Advocacy Service
- Step 4
Lodge an appeal with your housing provider
All community housing providers must have a process in place for appeals or to review a decision they have made. They set the timeframe for lodging an appeal. A reasonable timeframe is around 30 days of the tenant receiving notice of a decision.
An appeal must be made in writing to the community housing provider and include:
- your name and contact details
- the name of other parties involved - eg another tenant
- details around how the dispute arose
- a clear indication that it is an appeal.
- Step 5
Lodge an appeal with SACAT
You can ask SACAT for advice and lodge a further appeal with them if you're unhappy with the response from the community housing provider. This usually needs to be lodged within 30 days of being notified of your community housing provider's appeal decision.
SACAT deals with:
- eligibility or financial circumstances of the tenant
- allocation of property
- condition of the property
- rent and charges
- membership of a community housing provider
- any other decision that affects how the tenant lives in or uses the property.
- Step 6
Complaints to the Office of Housing Regulation
The Office of Housing Regulation (OHR) investigates complaints involving registered community housing providers or the properties and tenancies they manage.
Matters that can be investigated relate to their performance obligations under the National Regulatory System for Community Housing (NRSCH), such as their obligations to have fair, transparent and responsive processes for how they manage their tenancies and services.
Concerns should first be raised with the community housing provider before contacting OHR or making a complaint with NRSCH.
