Community housing

Each community housing provider has their own rental rebate process set out in their policies. This usually involves yearly or 6-monthly household income reviews. You can ask your provider for a copy of their policy if it is not on their website.

You may need to fill out a form to provide details of your income and all household members. Your household members include all renters on the lease (officially called the rental agreement), regardless of whether they are living at the property or not, plus anyone else aged over 18 years living there but not on the lease (occupants).

Or, if you complete a ‘Centrelink Deduction and Confirmation Services Multiple Consent’ form, your community housing provider has permission to access your Centrelink details, and the rental rebate process can be automatic. You can request this form from your community housing provider.

The first rental rebate is usually done when you sign the lease and your eligibility is confirmed by your community housing provider.

Community housing has policies and strategies to deliver housing services at affordable rents to low-income renters.

Rebated rent is usually calculated as a proportion of your total household income and number of household members. You can access your community housing provider’s rent rebate policy to learn more. Ask them for a copy if it is not available on their website.

If your income changes, or a member of your household aged over 18 years moves out, you should let your community housing provider know straight away, as this can affect your rent rebate.

Rental rebates can be complicated, and policies can change over time. If you are unsure about how your rent has been calculated, you should write to your community housing provider asking them to explain it. If you are experiencing any hardship, write to your community housing provider asking for more support.

If you disagree with how the rent has been calculated, there are steps you can take:

• Ask your community housing provider for a document explaining how the rent rebate was calculated, and speak to a staff member if you think there has been a mistake
• If that doesn’t resolve the issue, you can appeal internally to your community housing provider. Ask your housing worker for their policies on how to appeal. It is best to make an appeal in writing and provide any documents that show the incorrect decision was made, such as pay slips
• If that still does not resolve the issue, you can appeal to the Housing Registrar or the Victorian Ombudsman

See the information on this page about appeals and complaints.

If the issue is still not resolved, you can seek legal advice. Tenants Victoria and other organisations can help. See the information on this page about how to get help.

Market rent reviews are usually conducted annually (once a year).

If your community housing provider wants to increase the market rent of your home, it must give you at least 90 days notice in writing. Your community housing provider must use the official form from the Consumer Affairs Victoria website: Notice of proposed rent increase.

If you think the proposed market rent increase is too high, or has not followed the rules, you can challenge it. For more on how to do so, see our page about rent increases.

Even if you pay rebated rent, you should challenge the proposed market rent increase if you think it is too high. If your eligibility for rebated rent changes in the future, you could end up having to pay the market rent. By then, it may be too late for you to challenge the increase.

Community housing providers review rental rebates according to their policies, generally once a year or every 6 months. They can also review rental rebates if you request it.

It is important that you tell your community housing provider about any changes to your household income when you become aware of the change, or when your community housing provider asks you. It is also important to send back any rent rebate forms that your community housing provider requests from you. Otherwise, you risk your rent rebate being removed and having to pay market rent.

Following the review, your community housing provider will confirm your rent amount for the next 6 months or other period (depending on its own policy). This period may be the same as previous reviews, or it may have changed.

If your rebated rent increases, or if the review means you now have to pay market rent, this is not considered a rent increase under the law. This also means your community housing provider is not required to send you a notice of proposed rent increase.

If you disagree with the rebated rent review, there is a process for appealing this decision. This starts with contacting your community housing provider and, if you are not satisfied with their response, lodging an internal appeal and possibly an external appeal. See the information on this page about complaints and appeals.

If you receive income from Centrelink, you can ask your community housing provider for a Centrelink Deduction and Confirmation Services Multiple Consent form.

Completing this form allows your income information to go directly from Centrelink to your community housing provider. This means that you may not have to complete a rental rebate form or provide proof of income for the rental rebate to be assessed.

Your community housing provider’s duties include:

• On or before the day you move in, giving you a statement in writing setting out your rights and duties as a renter under your lease (officially called a rental agreement) and the community housing provider’s duties as the landlord
• Making sure the property is vacant and reasonably clean on the day you move in
• Making sure the property complies with rental minimum standards on the day you move in. See more on our page about minimum standards
• Providing and maintaining the property in good repair, including any common areas such as shared laundries and gardens
• Arranging for urgent and non-urgent repairs to be done by qualified people within the required timeframes. Find out more on our page about repairs and maintenance
• Arranging safety-related repairs and maintenance by qualified people, such as replacing smoke alarm batteries as required
• Arranging gas and electrical safety checks by qualified people every 2 years and keeping records of the checks
• Ensuring that if appliances, fixtures or fittings that use or supply water, electricity or gas need to be replaced, the replacement meets the minimum standard for efficiency. For more information, see the Australian Government websites about water rating and energy rating
• Taking all reasonable steps to ensure you have ‘quiet enjoyment’ of your home. This means living there without interference or disturbance from your community housing provider or from things it has the power to prevent
• Making sure all external doors (except screen doors) have a working deadlock, unless a legal exception requires a different type of lock
• Making sure there are working locks on all windows capable of having a lock
• Providing you with a new key as soon as practicable if Homes Victoria changes any external door or window lock
• Not giving new keys to someone excluded from the property under an intervention order, or who is no longer on the lease, if you change the locks because of family or personal violence

If your community housing provider does not follow these duties, you can give it a ‘notice of breach of duty’. This notice tells your community housing provider that it must fix the problem and/or pay you compensation for any loss you suffered because of their breach. Find out more about giving this notice to community housing providers on our page about landlord (rental provider) breaches.

If you need help resolving a dispute, you can apply to Rental Dispute Resolution Victoria (RDRV) or VCAT, the Victorian Civil and Administrative Tribunal. See the information on this page about disputes with your community housing provider. You can also make a complaint to Consumer Affairs Victoria, if your community housing provider does not follow its duties. See the information on this page about how to make a complaint.

For more on community housing providers’ duties relating to maintenance, cleanliness and urgent repairs, see our page about the Consumer Affairs Victoria guidelines. These are official guidelines to help renters and landlords follow their duties under rental laws.

Your duties as a renter include:

• Not using the property for illegal purposes
• Not causing, or allowing your visitors to cause, a nuisance or interference with the peace, comfort or privacy of neighbours
• Not intentionally or negligently damaging the property or common areas (this also applies to damage caused by your visitors). Damage does not include fair wear and tear
• Informing your community housing provider in writing about any damage or breakdown of facilities as soon as practicable after you become aware of it
• Keeping and leaving the property in a reasonably clean condition
• Not removing, deactivating or interfering with safety devices, such as smoke alarms, unless it is reasonable in the circumstances to do so
• Informing your community housing provider in writing and as soon as practicable if any safety device, such as a smoke alarm or pool fence, is not in working order
• Not making modifications to the property that need your community housing provider’s consent without first getting that consent. See more on our page about modifications
• Returning the property to its original condition on moving out, unless it has been agreed this does not need to be done
• If you have made modifications with consent, returning the property to its original condition on moving out, unless it has been agreed this does not need to be done
• Allowing your community housing provider staff or contractors to enter your home if you have been given the correct amount of notice and a proper reason under the law. See more on our page about your privacy while renting
• Providing your community housing provider with a new key as soon as practicable if you change any external door or window lock
• Not changing a lock in a master key system (where a master key can operate all the locks) without your community housing provider’s consent

If you don’t follow these duties, your community housing provider may give you a notice of breach of duty. This notice will tell you to fix the problem and/or pay compensation for any loss your community housing provider suffered because of your breach. Find out what to do if your community housing provider gives you this notice on our page about renter breaches.

For more on maintenance, cleanliness, damage and fair wear and tear, see our page about the Consumer Affairs Victoria guidelines. These are official guidelines to help renters and landlords follow their duties under the rental law.

RDRV is a free service that helps resolve rental disputes early, without needing to go to a formal hearing at VCAT.

RDRV deals with issues relating to:

• Bonds
• Claiming compensation
• Disputing bond and compensation claims
• Rent increases
• Repairs and maintenance

At RDRV, a resolution coordinator guides discussion between you and your community housing provider as you try to negotiate an agreement. This is usually done by phone or videoconference. If you do not resolve the dispute through RDRV, it will go to VCAT for a formal hearing.

For more on applying to RDRV and the dispute resolution process, see our page about going to RDRV (Rental Dispute Resolution Victoria).

For disputes about issues such as eviction, ending your lease (officially called a rental agreement) and other complex matters, you will need to apply straight to VCAT for a formal hearing.

If you have a legal dispute with the community housing provider, VCAT can make the final decision. It is not a court, but its decision must be followed.

If you apply to VCAT, you are called the ‘applicant’. You are making the claim. At other times you may be the ‘respondent’, defending yourself against a claim that the community housing provider has made.

If you apply to VCAT to resolve a dispute, there may be an application fee. If you are eligible for a fee waiver, you can apply to have the fee waived, so you won’t have to pay it.

VCAT will let you know when and where the hearing will take place and what you need to bring.

If you are the applicant, you will need to prove to VCAT that the community housing provider did not follow the law or the lease (officially called the rental agreement) in some way. If you are the respondent, the landlord or their agent needs to prove the same against you.

Find out more on our page about going to VCAT.

The Victorian Housing Registrar is the regulator of community housing providers in Victoria.

You can appeal to the Victorian Housing Registrar if you do not agree with the outcome of an internal appeal with your community housing provider about how it has applied its own policies. You can also make a complaint, if you think your community housing provider has acted unprofessionally. These processes are free.

To learn more, visit the Victorian Government’s Housing Registrar website.

If you are not satisfied with the result of your appeal or complaint, see the information on this page about how to contact the Victorian Ombudsman.

The Victorian Ombudsman can investigate the decisions and actions of your community housing provider. It deals with appeals and complaints about public entities and publicly-funded community services.

You usually need to make a formal complaint or appeal to your community housing provider before contacting the Ombudsman. If you do not receive a detailed response from your community housing provider within a reasonable time, or if you are not satisfied with the outcome, you can then contact the Ombudsman.

Contact the Ombudsman for help resolving issues such as:

• Maintenance and repairs
• Eviction and/or enforcement actions
• Human rights considerations

Generally, the Ombudsman will not get involved in matters that are currently before VCAT, unless your community housing provider has seriously breached (not followed) its own policies. However, before or after a VCAT matter, the Ombudsman may accept complaints, carry out investigations, and, in some cases, offer conciliation (help you to resolve the matter through discussion with the community housing provider).

The Ombudsman will look at whether your community housing provider acted in a way that was lawful, reasonable and fair. It can then make an independent recommendation to your community housing provider. The Ombudsman cannot overturn a VCAT decision.

Making an appeal or complaint to the Ombudsman is free. Visit the website to find out how to contact the Victorian Ombudsman.

If you believe your community housing provider has discriminated against you, contact the Victorian Equal Opportunity and Human Rights Commission. The commission helps people resolve issues related to discrimination and some forms of harassment.

You can contact the commission for free and confidential advice on 1300 292 153.

The commission website also has more information about how to make a complaint.

To learn more, see our page on discrimination.

If your community housing provider or their agent has not followed one of its duties under the Residential Tenancies Act, you can make a complaint to Consumer Affairs Victoria. See the information on this page for a list of duties.

Consumer Affairs Victoria may send the community housing provider or their agent a warning letter or a fine. It may even take them to court for the most serious matters. Going to court could mean bigger fines or even a criminal conviction.

To make a complaint to Consumer Affairs Victoria, you can use its general complaint form or call 1300 558 181.

Be aware that if you complain, Consumer Affairs Victoria does not deal with compensation payments to you. You may be able to apply for compensation as part of a legal dispute at either Rental Dispute Resolution Victoria (RDRV) or VCAT. See the information on this page about legal disputes. See also our page on claiming compensation.

If you want to end your lease (officially called the rental agreement), there are rules you need to follow. Find out more on our page about ending or breaking your lease.

If you want to seek permission from the community housing provider to transfer your lease to someone else before you move out, see our page on lease transfers and subletting.

If the community housing provider wants you to leave, it must give you a legally valid ‘notice to vacate’. However, receiving a notice to vacate does not always mean you have to move out. Find out more on our page about notices to vacate and eviction.

If you need support with rental issues in community housing, help is available.

The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of renters and landlords (such as Homes Victoria) in numbered sections.

The Residential Tenancies Regulations 2021 provide more detail and definitions, and specify updates to the Residential Tenancies Act.

For information on sections of the Act that apply to the information on this page, see the related topics section and the links to Tenants Victoria webpages throughout this page.