Landlord and Tenant Making a Complaint

If you are tenant of a residential home (i.e. you rent your home) there may be instances where you consider it necessary to make a formal complaint against your landlord. As a tenant you can complain to your landlord if your landlord is managing your property in breach of: (i) your landlord and tenant agreement; (ii) the Landlord and Tenant Act 1974; or (iii) the Rent Increases (Domestic Premises) Control Act 1978.

Such issues that you may experience as a tenant of a rented residential unit may include, but are not limited to:

Repairs your landlord are responsible for but have not yet been started or remain uncompleted;
Your landlord is harassing you (e.g. entering your home without your permission)
Your landlord is discriminating against you (e.g. charging you a higher rent or damage deposit than other tenants because of your nationality, race, age or sex)

If you are having a problem with your landlord, Consumer Affairs advises that consider the following steps in order to effectively submit and resolve a formal complaint against your landlord:

Contact your landlord and communicate your issue;
File a formal complaint against your landlord;
File a formal complaint to Consumer Affairs if your landlord fails to resolve your complaint; and
Pursue legal proceedings.

The purpose of this section is to provide guidance on the above-mentioned steps that may need to be taken in order to resolve issues you may face due to the activities of your residential landlord.

It is important to note that your landlord cannot end your tenancy because you have made a complaint.

If after speaking with your landlord your issue remains unresolved, Consumer Affairs advises that you submit a formal complaint to your landlord.

When submitting a complaint to your landlord, Consumer Affairs recommends that you collect all supporting documents and evidence you intend to rely on to support your claim.

Such supporting documentation may include, but are not limited to: the following:

Photos of the repairs needed and the state of the residential unit at the time in which you first contacted your landlord, especially if the issue has gotten worse;
Dates and times when the issue occurred;
Notes and correspondence (e.g. letters and/or e-mails) supporting conversations held with the landlord communicating the issue.
A copy of your tenancy agreement
Proof of payments made (i.e. invoice, bank statements indicating transfer of funds) as a result of the inconvenience caused by the reported issue (e.g. laundry bills if your washing machine broke down)
A note from your doctor (if possible) if the problem has affected your health or safety.

If you decide to escalate your matter you may decide to:

Have a follow-up phone call with your landlord; and
Submit a formal complaint in writing to your landlord.

During your follow-up phone call with your landlord you will need to:

Re-state the nature of your circumstances and the previously reported issue;
How you would like your issue resolved;
How your landlord has failed to resolve your issue since you last contacted them (i.e. an unreasonable amount of time has passed to resolve your issued);
When you would like your issued to be resolved; and

Following completion of your follow-up phone call, Consumer Affairs advises that you take note of the time and date you called your landlord and submitted your formal complaint.

Upon completion of your follow-up phone call Consumer Affairs advises that you submit a formal complaint in writing to your landlord.

When you put your complaint in writing you will need to explain:

Restate the nature of your circumstances and the previously reported issue;
How you would like your issue resolved;
How your landlord has failed to resolve your issue since you last contacted them (i.e. an unreasonable amount of time has passed to resolve your issued);
How the reported issue impacts you and infringes on your rights as a tenant;
When you would like your issued to be resolved; and
What you would like your landlord to do fix to the problem being reported; and
When you would like your issue resolved by.

When complaining in writing, you can either directly email your complaint to your landlord or print a physical copy of your complaint and submit it physically to your landlord.

Consumer Affairs advises that you make sure you keep a copy of any emails you send to or receive from your landlord. If you elect to mail a physical copy of your formal complaint, Consumer Affairs advises that you ask the Post Office for proof of postage.

Your landlord, upon receipt of your formal written complaint, should then get in touch with you within a reasonable amount of time (i.e. 48 hours) and confirm whether they need any more details about your complaint.

Your landlord should have your complaint resolved within 30 days of submitting your complaint and provide you with a ‘decision letter’ explaining their decision and how they will deal with your complaint.

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