Victorian NDIS rental provider ordered to overhaul unlawful agreements

A Victorian disability accommodation provider has agreed to pay $20,000 and overhaul its rental practices after using agreements that purported to allow unlimited access to renters’ homes.

Consumer Affairs Victoria said Lifeline Victoria Pty Ltd, trading as Ability Allcare Services, entered agreements with renters including National Disability Insurance Scheme participants that did not comply with Victoria’s Residential Tenancies Act.

The regulator investigated after receiving reports about the agreements and subsequently visited properties and spoke with renters. The company admitted that it had not provided condition reports and other required documents at the start of some tenancies.

Under an enforceable undertaking announced on Wednesday, the provider must complete a three-year compliance program and pay $20,000 into the Victorian Consumer Law Fund.

Its staff and director must receive annual training, while an independent lawyer will review rental documents used since July 1, 2023. The company must identify and address harm suffered by affected renters, explain its failures to them, confirm their rights and issue compliant documentation.

It must also establish a formal procedure governing entry to rental properties.

Support services do not remove privacy rights

The case is significant because accommodation and personal support can be delivered by the same organisation or by closely connected providers. That does not give a rental provider unrestricted access to a person’s home.

Victorian rental providers and their agents can only enter for legally permitted reasons and must generally give written notice stating why they intend to enter.

Consumer Affairs Victoria says the required notice depends on the purpose. A routine inspection generally requires seven days’ notice, while entry for repairs or because the provider reasonably believes the renter has breached their obligations generally requires 24 hours.

Entry must usually occur between 8am and 6pm and not on a public holiday, unless the renter has agreed to another arrangement. Routine inspections cannot begin during the first three months of an agreement and can occur no more than once every six months.

A renter does not need to agree to an informal verbal request for access. However, renters must allow entry when the provider has a valid reason and has followed the proper notice requirements.

The exact legal arrangement matters because different rules can apply to residential rentals, rooming houses, supported residential services and specialist disability accommodation. Renters who are unsure should seek advice based on their agreement rather than assuming the provider’s description of the accommodation determines their rights.

Why condition reports matter

A condition report records the state of the property, fixtures and fittings at the beginning of a rental agreement. It can become important evidence if there is a later dispute over damage, cleaning or the bond.

In Victoria, a rental provider or agent must prepare and sign the report and give it to the renter before they move in. The renter can correct inaccurate details, add comments and return a signed copy within five business days while retaining their own copy.

If a report is not supplied, Consumer Affairs Victoria advises renters that they can complete their own and provide it to the rental provider or agent within five business days of moving in. Dated photographs can also help document the property’s condition.

For vulnerable renters, missing documents or unusually broad access clauses may be particularly difficult to challenge without help. Family members, advocates and support coordinators can assist by retaining copies of agreements, notices and communications, provided the renter consents.

Checks renters can make

A clause in an agreement cannot simply remove protections created by tenancy legislation. Renters concerned about their arrangement can check:

• whether they received a complete rental agreement and condition report
• what type of accommodation agreement they have entered
• whether requests for entry are written and give a reason
• whether the notice period matches the purpose of the visit
• whether support-service consent is being treated as consent to enter the home.

Renters should keep a dated record of unexpected visits and seek advice before signing replacement documents or agreeing to changes.

What it means for you

• NDIS participation does not give a housing provider unlimited access to a renter’s home.
• Ask for entry requests in writing and check the reason, notice period and proposed time.
• Keep copies of the agreement, condition report, photographs and correspondence.
• Seek help from Consumer Affairs Victoria or an independent tenancy advocate if the accommodation arrangement is unclear.