Tenant Disputes Policy
Statement of Purpose:
The purpose of this policy it to provide for tenants and staff in understanding dispute management at IESHG.
General Policy
IESHG takes a proactive stance on tenant disputes management and wishes to assist tenants in living with their neighbours harmoniously. As such IESHG has created a set of house rules for all properties. IESHG encourages tenants to settle their problems between themselves or with the assistance of mediation. Where one tenant’s activities violate the rights of another, action may be taken through VCAT for a compliance order, or where the violation is of a serious nature, a suspension of the tenancy or an eviction may occur.
Where a breach of the rules or tenancy agreement occurs, we may take action against that person’s
tenancy depending on the severity of the breach. In extreme cases and when all other reasonable avenues have been exhausted IESHG will attempt to terminate the tenancy immediately. IESHG will make every attempt to maintain the tenancy where possible.
In the event of a dispute, a number of courses of action are possible, depending on the circumstances of the dispute. Decisions on what action is to be taken will keep the following rights and responsibilities in mind:
Tenants Rights:
• Tenants and staff have a right to be safe at all times
• Tenants have right to peaceful enjoyment of their home
• Tenants have the right to complain about those who deny them their rights
Tenant Responsibilities:
• Tenants are responsible for the conduct of their visitors and themselves
• Tenants may not cause or permit a nuisance
• Tenants may not interfere with the reasonable peace, comfort or privacy of their neighbours
• Tenants may not use the premises to be used for any illegal purpose, including the distribution or
sales of illegal drugs
• Tenants may not cause damage to the premises or the property of IESHG
House Rules:
House Rules are displayed in each tenant’s room in the rooming house and also in the main public areas. The consequences of breaking these rules will be explained to all new tenants. New tenants will be given a copy of the House rules and Dispute Resolution Procedure for Tenants, which explains the steps tenants can take in the event of a dispute.
While all of the rules are taken seriously by IESHG, some offences are considered more serious than
others. Understandably offences where the safety of tenants and staff is jeopardised are considered the most serious and warrant the most prompt (with in 24 hours) and possibly extreme and decisive action.
Incidents of verbal abuse, intimidation or harassment, including racist, sexist and homophobic incidents are considered serious. While an immediate response may not be required, response must still be prompt (within 5 days)
How IESHG will respond to complaints about other tenants:
Where the dispute is outside the jurisdiction of the House Rules, that is, they are of a personal nature
between one or two parties the parties will be expected to attempt to solve the problem between them. Where this proves to be not possible and creates serious stress to one or more parties, causing a threat to their continuity of residence, tenants may approach management for referral to a mediator.
Where the dispute arises from activities that come under the jurisdiction of the House Rules, an
investigation will follow and appropriate action taken. Areas of jurisdiction are noise levels, keeping of
animals, violence, discrimination or harassment, access to telephone and laundry facilities, cleanliness of public areas and determination of smoking areas. Appropriate action will be determined by the nature of the infringement to the rules and the seriousness of the breach.
General Procedure:
1. Clarify the complaint / issue
2. Determine if appropriate for IERHG or other 3rd party to proceed
3. If IERHG to proceed: substantiate the claim (investigate)
4. Request that the tenant cease the offending behaviour and explain the consequences of noncompliance (often verbal is all that is necessary)
5. Follow up to determine if offending behaviour has ceased
6. if not take elevated action (may be formalised in letter, Breach of Duty Notice, and ultimately in VCAT application for compliance or tenancy to be terminated)
7. Repeat step 5. 6. 7. until resolved.
Useful Websites:
http://www.justice.vic.gov.au/CA256D3400249126/HomePage?ReadForm&1=Home~&2=~&3=~
www.magistratescourt.vic.gov.au
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Review
This policy was reviewed in April 2021. It is scheduled for review by April 2024.