Public housing

You need to apply for a rental rebate to find out if you are eligible. If you don’t apply, or if you apply and are not eligible for a rental rebate, you will be charged the market rent.

When you apply, you need to provide details of everyone in your household, including their income and assets. You also need to include documents supporting the information you provide.

Your household includes all renters on the lease (officially called the rental agreement), regardless of whether they are living at the property or not, plus anyone else living there but not on the lease (residents). If a visitor stays for less than 4 weeks, or less than 3 nights per week, they are not considered to be a resident. For more about visitors and how changes in the members of your household may affect your rebated rent, see Homes Victoria’s rent setting and rebate operational guidelines.

You can find the rental rebate application form and a guide on completing it on the HousingVic webpage about market rent and rental rebates.

Rebated rent is calculated as a proportion of your total household income. This income is divided into ‘assessable’ and ‘non-assessable’ income. Eligibility for a rental rebate is based on ‘assessable’ income only.

Assessable income includes:

• Primary income – such as wages, salaries, pensions, benefits, allowances, superannuation, lump sum payments, interest from savings and income from investments
• Family-related payments – such as Family Tax Benefits paid by Centrelink and child maintenance paid by a parent to the primary caregiver of their child

Note that Homes Victoria expects renters and residents to access all Centrelink benefits and pensions available to them. If you are not accessing a Centrelink benefit or pension you are entitled to receive, your eligibility for a rental rebate will be calculated as though you were receiving that benefit or pension.

Non-assessable income includes:

• Carer’s allowances
• Pharmaceutical and mobility allowances

Rebated rent is calculated as 25% of your household’s primary income plus 15% of any Family Tax Benefit payments. This amount, plus any service charges (if applicable), becomes your ‘weekly payment amount’. For more on how Homes Victoria assesses eligibility and calculates rental rebates based on assessable income, see its rent setting and rebate operational guidelines.

Your weekly payment amount is fixed for up to 6 months. It doesn’t change over that time, even if your household income goes up. However, if your household income goes down, you can apply to reduce your weekly payment amount immediately. You can use the rebate application form on the HousingVic webpage about market rent and rental rebates.

If your income goes down because someone on the lease (officially called the rental agreement) leaves suddenly, you may also need to apply to the Victorian Civil and Administrative Tribunal (VCAT) to end your current lease and start a new one with Homes Victoria, with the name of the person who has left removed. Find out more on our page about ending or breaking your lease.

Homes Victoria reviews rebated rent every 6 months. You will receive a letter asking you to confirm your household income. Homes Victoria will then reassess your eligibility for a rental rebate and, if you are eligible, fix your weekly payment amount for the next 6 months. Find out more on this page about rebated rent reviews.

Rental rebates can be complicated, and the operational guidelines can change over time. If you are unsure about how your rent has been calculated, you should make a written request to Homes Victoria to explain it.

If you disagree with how the rent has been calculated, seek advice and consider making an internal appeal to Homes Victoria. Find out more on this page about making an appeal or complaint.

Homes Victoria reviews market rents in public housing properties every November.

If Homes Victoria wants to increase the market rent of your home, it must give you at least 60 days written notice, using the official Consumer Affairs Victoria ‘Notice of proposed rent increase’ form.

If you think the proposed market rent increase is too high, you can challenge it.

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.

For more on how you should be notified of a market rent increase, and how you can challenge it, see our page about rent increases.

Homes Victoria reassesses eligibility for rebated rents every 6 months.

You will receive a letter asking you to confirm your household income. Check this letter carefully, making sure all the information is up to date and correct. If the income details are not correct, contact your local housing office as soon as possible to have them corrected. The HousingVic website has information on how to contact a housing office.

It is important that you disclose any changes to your household income at this review. For example, if Homes Victoria finds out later that you did not disclose an increase in household income at the review, it may back-date the extra rent you should have been paying, which could result in rent arrears.

Make sure you respond to any request from Homes Victoria to confirm your household income. If you don’t confirm your income, Homes Victoria may withdraw your rental rebate.

Following the review, Homes Victoria will confirm your rent amount for the next 6 months. It may be the same as the previous 6 months, 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.

See more on this page about how rebated rent is calculated. You can also find out more in Homes Victoria’s rent setting and rebate operational guidelines.

Income information from Centrelink

If you receive income from Centrelink, you can sign up for Centrelink Confirmation eServices. This means that your income information goes directly from Centrelink to Homes Victoria. For example, if your pension or benefit changes, that information is passed on to Homes Victoria to ensure that they have the correct income details for the next rebated rent review.

If you disagree with the outcome of a review

Homes Victoria must follow policies and procedures when reassessing your eligibility for rebated rent. If you think Homes Victoria has not calculated your rebated rent correctly, or has not followed its own policies and procedures, you should contact your local housing office. The HousingVic website has information on how to contact a housing office.

If you reach an agreement with the local housing office, ask them to confirm it with you in writing.

If you cannot reach an agreement with your local housing office, you can appeal the decision with Homes Victoria or make a formal complaint. See more on this page about appeals and complaints.

If you need advice, this page says where you can get help.

You may be eligible for a rental subsidy if:

• The property you are renting has been damaged by fire or flooding
• The property you are renting is being upgraded while you are still living there
• You are under 18 or over 100 years of age
• You are temporarily away from your home due to special circumstances, such as experiencing family violence, being on remand or incarcerated, or temporarily living in a nursing home, respite care, or a psychiatric, physical, drug or alcohol rehabilitation treatment centre
• You have a migrant sponsorship agreement
• You have a temporary or bridging visa and are not receiving a Centrelink income

If you think you may be eligible for a rental subsidy, contact your local housing office. The HousingVic website has information on how to contact a housing office.

Find more information on eligibility for rental subsidies, see Homes Victoria’s rent setting and rebate operational guidelines.

Homes Victoria’s duties include:

• On or before the day you move in, giving you a written statement setting out your rights and duties as a renter under your lease (officially called a rental agreement) and Homes Victoria’s rights and 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 Homes Victoria 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 Homes Victoria does not follow these duties, you can give them a ‘notice of breach of duty’. This notice tells them they must fix the problem and/or pay you compensation for any loss you suffered because of their breach. Find out more about giving Homes Victoria this notice on our page about landlord (rental provider) breaches.

For more on Homes Victoria’s duties regarding 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 the rental law.

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 Homes Victoria 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 Homes Victoria 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 Homes Victoria’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 Homes Victoria 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 Homes Victoria 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 Homes Victoria’s consent

If you don’t follow these duties, Homes Victoria 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 Homes Victoria suffered because of your breach. Find out what to do if Homes Victoria 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.

If you do not agree with a decision made by Homes Victoria, you may be able to make an appeal, to see if it will change its decision. Making an appeal is free.

You can make an appeal about a decision if you:

• Have applied for public housing
• Are currently renting a public housing property
• Have previously lived in public housing and the issue relates to a maintenance claim or money Homes Victoria says you owe

Homes Victoria has two levels of internal appeal:

• Tier 1 – your local housing office reviews the decision
• Tier 2 – if you are not satisfied with the outcome of tier 1, the appeal is automatically escalated to tier 2 for review by the central office of Homes Victoria

At both levels, you can submit any relevant information and documents to support your appeal. You should highlight which policies are relevant and how you think Homes Victoria has not followed its policies or how the decision is unfair or unjust.

Homes Victoria may request a time for an interview. If you wish, you can bring a support person. We recommend you keep a record of the interview and discussion.

Some issues cannot be appealed. For example, matters that are currently before the Victorian Civil and Administrative Tribunal (VCAT) are generally not eligible for the internal appeals process.

The HousingVic website has more information about the types of decisions you can appeal and the process for appealing a decision.

VCAT and appeals

VCAT deals with matters that fall under Victoria’s rental laws, the Residential Tenancies Act 1997. In most cases, VCAT does not have the power to change a decision Homes Victoria has made based on its internal policies.

If you believe that Homes Victoria has significantly failed to follow its own policies, including its obligations under the Charter of Human Rights and Responsibilities Act 2006, you should seek advice about whether to apply to the Supreme Court for a ‘judicial review’, which is a legal process to challenge certain government decisions.

If you need advice, this page says where you can get help.

If you are not happy with the outcome of an appeal, or if you have not appealed but want to complain about the service you have received from Homes Victoria, you can make a formal complaint to Homes Victoria.

The DFFH website has the steps and contact details for making a formal complaint.

The HousingVic website also has information on making a maintenance complaint.

The Victorian Ombudsman can investigate the decisions and actions of Homes Victoria.

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

Contact the Ombudsman for help resolving complaints about 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 the Victorian Civil and Administrative Tribunal (VCAT), unless Homes Victoria has seriously breached its own policies. However, before or after a VCAT matter, the Ombudsman may accept complaints, carry out investigations, and, in some cases, offer conciliation.

The Ombudsman will look at whether Homes Victoria acted in a way that was lawful, reasonable and fair. They can then make an independent recommendation to the DFFH. The Ombudsman cannot overturn a VCAT decision.

Complaining to the Ombudsman is free. Find out how to contact the Victorian Ombudsman.

Homes Victoria must consider your human rights when it makes decisions. These considerations are required under its policies (rules) and covered by an area of law called ‘administrative law’.

If you believe Homes Victoria has discriminated against you, contact the Victorian Equal Opportunity and Human Rights Commission. The commission helps people resolve issues related to discrimination and 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.

The Victorian Attorney-General is responsible for overseeing the justice system, legal policy and the administration of courts and tribunals in Victoria.

Routine complaints should not be directed to the Attorney-General. However, you may consider contacting the Attorney-General if you believe that Homes Victoria has:

• Engaged in serious misconduct or misuse of power, including failing to follow the Victorian Model Litigant Guidelines
• Contributed to a system-wide issue affecting public housing renters
• Failed to act on complaints, or is involved in a practice that may breach the Victorian Charter of Human Rights and Responsibilities Act

Homes Victoria is a required to act as a ‘model litigant’ in legal proceedings. This means that it should be fair and seek to resolve matters as efficiently and fairly as possible. For more information see the Victorian Model Litigant Guidelines.

It is generally not appropriate to raise complaints with the Attorney-General that should be raised through the other channels described on this page.

If you need support with tenancy issues in public 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 sections in this list relate to the information on this page. For sections relating to other topics, go to the topic page and scroll down to the law list for that topic.

Click on a link to see the section in the Act.

• Section 44 – Rent increases
• Section 57 – Service charges
• Section 60 – Renter must not cause nuisance or interference
• Section 61 – Renter and visitor must not damage premises or common areas
• Section 62 – Renter must notify rental provider of damage
• Section 63 – Renter must keep and leave rented premises reasonably clean
• Section 63A – Renter’s safety-related duties
• Section 64 – Modifications to rented premises
• Section 65 – Vacant and clean
• Section 65A – Minimum standards
• Section 67 – Quiet enjoyment
• Section 68 – Repairs
• Section 68A – Safety-related repairs and maintenance requirements
• Section 68B – Records of Gas and electrical safety checks
• Section 69 – Efficiency ratings
• Section 70 – Locks and keys
• Section 70A – Locks for rented premises the subject of an intervention order
• Section 70B – Locks for rented premises the subject of a creation order in circumstances of family or personal violence
• Section 72AA – Renter must report damage and breakdown of facilities to rental provider
• Section 89 – Renter has a duty to permit entry
• Section 208 – Breach of duty notice
• Section 211B – Director’s guidelines to be considered by VCAT

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