Landlords and estate agents often get away with acting illegally or unprofessionally because tenants do not take action against them. This situation will not improve unless more tenants assert their rights. If your landlord or agent has acted illegally or unprofessionally, you should consider making an official complaint.
Complaints to the Office of Fair Trading & Business Affairs

The Residential Tenancies Act 1997 specifies certain offences. If a landlord or agent commits an offence under the Act, they can be prosecuted in the Magistrates' Court. If they are convicted they can be fined. The Office of Fair Trading and Business Affairs has responsibility to prosecute these offences. It is up to you to make the complaint, and to lobby the Office of Fair Trading and Business Affairs to prosecute. There is a time limit of 12 months for prosecutions, which runs from the date the offence was committed.

Offences include

• trying to evict you illegally (ie other than by having a warrant executed by the police)
• failing to give you a receipt for your rent payments
• holding on to or selling any of your goods because you owe rent
• not providing copies of the documents which make up your tenancy agreement
• not lodging your bond with the Residential Tenancies Bond Authority within 5 days of you paying it
• trying to charge for things that landlords are not entitled to charge for (eg a fee for inspection of a property)
• failing to obey an order of the Tribunal (except an order to pay money)

Contact the Tenants Union or your nearest tenant advice service for further details about offences. If you believe an offence has been committed, you can write a letter to the Office of Fair Trading and Business Affairs (see sample overleaf). Remember to enclose copies of any relevant documents.

Keep in mind that if the Office of Fair Trading and Business Affairs decides to prosecute, you will probably have to go to court as a witness and give evidence.

The Office of Fair Trading and Business Affairs should acknowledge your complaint in writing within a couple of weeks. If they inform you that they are not investigating the matter, contact the Tenants Union or a tenant advice service. If they investigate, they will contact you to get an official statement.

Complaints to the Estate Agents Licensing Authority
The Estate Agents Licensing Authority is responsible for licensing all estate agents in Victoria. If an agent has breached the Residential Tenancies Act 1997, or has acted unprofessionally or dishonestly, a complaint should be lodged with the Authority (see sample letter overleaf). The Authority can then refer the matter to the Estate Agents Disciplinary and Licensing Appeals Tribunal, and the agent can be fined or have their licence cancelled or suspended if the complaint is proven.

You should receive a written response within a couple of weeks. Contact the Tenants Union or a tenant advice service if you are not happy with the response. The Tenants Union will offer whatever support you need, and we will certainly help if the agent or the landlord takes any action against you because you've made a complaint.

Sample letter to the Office of Fair Trading & Business Affairs

Investigations and Compliance
Office of Fair Trading and Business Affairs
Level 2, 452 Flinders Street
Melbourne VIC 3000
(your name)
(your present address)
(date)

Dear Sir/Madam,
Estate Agent: (name and address of the offending estate agent if applicable)
Landlord: (name and address of the offending landlord if applicable)
Premises: (address of the rented property)
As the tenant/former tenant of the above property, I wish to lodge a complaint about the actions of (name of the landlord and/or estate agent). I believe that there has been a breach of the Residential Tenancies Act 1997 (list the section numbers if you know them).
(Describe the events or actions leading to your complaint in detail, including names, addresses, times, dates etc.)
Please find attached copies of the following documents (list any relevant documents you have sent with the letter).
I request that you investigate this matter promptly with a view to prosecution. I look forward to your early reply. Should you require any further information please contact me on (your telephone number).

Sample letter to the Estate Agents Licensing Authority

Complaints Division
Estate Agents Licensing Authority
GPO Box 123A
Melbourne VIC 3001
(your name)
(your present address)
(date)
Dear Sir/Madam,
Estate Agent: (name and address of the offending estate agent if applicable)
Premises: (address of the rented property)
I am writing to complain about the behaviour of (name of agent). I believe they have acted in breach of (either the Estate Agents Act 1980 or the Residential Tenancies Act 1997 or both).
(Describe the events or actions leading to your complaint in detail, including names, addresses, times, dates etc.)
Please find attached copies of the following documents (list any relevant documents you have sent with the letter).
I request that you investigate this matter promptly. I look forward to your early reply. Should you require any further information please contact me on (your telephone number).