Housing complaints

Several agencies deal with complaints about housing and accommodation issues. If you’re not happy with the resolution of your problem there are also ways you can make an appeal to ask for a different decision.

See the agencies’ websites for contact information and details about their complaints processes.

Get legal advice if you are in dispute about a housing matter or you are considering appealing a decision about your complaint:

• The Tenants Union of Victoria (link below) provides legal advice and assistance for tenants and can help negotiate with owners, real estate agents and government departments. It can assist in making an application and preparation for a hearing to the VCAT Residential Tenancies List. It can also assist in making complaints to Consumer Affairs Victoria, about landlords, real estate agents, rooming house owners or caravan park owners. It does not assist with disputes between tenants.
• Consumer Affairs Victoria (CAV) (link below) administers laws about all residential tenancies in Victoria, including rooming houses and caravan parks. CAV can give information and advice about disputes between owners and tenants, and about retirement village disputes and complaints.
• The Estate Agents Resolution Service (EARS) is part of CAV. It offers advice, information, a complaints service and dispute resolution on real estate matters.
• The Victorian Civil and Administrative Tribunal's (VCAT) Residential Tenancies List (link below) hears disputes between tenants and owners. The list can make orders forcing the owner or tenant to do something, such as to make repairs or pay some money, or to stop doing something, such as causing a nuisance. The list can make orders about bonds or compensation.
• If you have applied for public housing, bond assistance or any other type of rental housing assistance that the Department of Human Services (link below) provides, and been refused, you can appeal to the Housing and Community Building Division. You can't appeal eviction orders, requests for emergency maintenance or tenancy responsibility charges. These matters are dealt with by VCAT.

Tradespeople

If you have a dispute with a builder, electrician, plumber or roof repairer you should try to resolve it with them directly. If you can’t reach an agreement the agencies below may be able to help.

If you are in dispute with a builder and can't reach an agreement, you can make a complaint to Building Advice & Conciliation Victoria (BACV) (link below), which is a partnership between CAV and the Building Commission. Depending on the issue, BACV may give you advice, work with you and the builder to reach an agreement ('conciliate') and/or inspect building work.

CAV may prosecute builders who appear to have broken relevant consumer laws. BACV may refer builders who refuse to fix defective work to the Building Practitioners Board.

The Domestic Building List of the Victorian Civil and Administrative Tribunal (VCAT) hears disputes about building, renovating, extending or repairing a home, including landscaping and paving. Homeowners and builders can apply for a hearing if they have a dispute with each other or with subcontractors, insurers, engineers, draftspeople or architects.

Utilities

The Energy and Water Ombudsman (Victoria) (EWOV) investigates and resolves disputes between Victorian electricity, gas and water customers and their providers. Common issues EWOV deals with include:

• billing
• disconnections and restrictions
• supply interruptions
• credit and payment services
• refundable advances - security deposits
• issues to do with changing electricity or gas retailer
• land and property issues about electricity, gas and water services.

Try to resolve the issue with the provider before you contact EWOV. Complaints can be lodged on the EWOV website (link below).

See ‘Neighbourhood law’ for information about disputes between neighbours about things like noise, pets and fences.

More information

Neighbourhood law

Building Commission – Building Advice and Conciliation Victoria

Consumer Affairs Victoria

Department of Human Services – Appealing a public housing decision

Energy and Water Ombudsman

Tenants Union of Victoria

VCAT Residential Tenancies List

How we can help

Call Legal Help for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

Our other free legal services include:

• advice at our offices and other locations across Victoria
• lawyers who are on ‘duty’ to help at many courts and tribunals.

For some matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.