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Things to watch out for

Check out these scenarios for help if you think an owner or booking agent is treating you unfairly:

Refusing to rent

Laura telephones a Torquay property agent on behalf of her friends and is told about a rental apartment available right near the beach. The rent is okay and when she drives by the place it looks great. Once Laura arrives at the rental office and the agent realises she wants the place for schoolies week, he tells her it is no longer available.

What should Laura do?

  • Ask the agent to reconsider on the grounds that age discrimination is unlawful.
  • Consider making a complaint to the Equal Opportunity Commission or Consumer Affairs Victoria, as her circumstances may be a case of direct discrimination.
  • As complaints take time to resolve, Laura should also keep trying other property agents, as some may be more 'schoolies friendly'.

Special treatment for young people

Ben and his five student friends find a holiday house in Lorne. Though they want the place in low season, the property manager asks for the high-season rent of $1500 per week. They are also asked to pay a $2000 bond, which is not normally required.

What should Ben do?

  • Ask the property manager to reconsider on the grounds that he has a right to be treated in the same manner as any other prospective renter.
  • Contact the Equal Opportunity Commission or Consumer Affairs Victoria for assistance. Depending on the exact circumstances, the property manager's actions may give rise to a case of direct discrimination.

Last minute cancellations

Sophie begins her planning for Schoolies Week several months early and rents a house in Cowes, paying a deposit of $1000. Just before her exams begin, the agent telephones Sophie and informs her that the owner is worried that the place will get wrecked and has changed his mind. The agent apologises and tells Sophie he is refunding her deposit in full. Sophie does not need this distraction before her exams!

What should Sophie do?

  • Ask the agent to reconsider the availability of the accommodation on the grounds of specific age-based discrimination.
  • Contact the Equal Opportunity Commission or Consumer Affairs Victoria. Depending on the exact circumstances, the owner's actions may amount to a breach of the rental agreement or a case of direct age-based discrimination.

Evictions

Damien and his friends rent an apartment overlooking the foreshore at Sorrento. They throw a party every night for the first four evenings. Two police officers pay a courtesy call on the second night to remind them to keep the music down, but no formal complaint was ever made. The agent calls by on the third day and asks them to clear away some empty bottles from their balcony, which are visible from the street.

On the fifth day a fed-up neighbour complains to the agent and Damien and his friends are immediately evicted. Although no damage was done to the property, the agent keeps half their bond and refuses to compensate them for the two remaining days they lost.

What should Damien do?

  • Contact the Equal Opportunity Commission or Consumer Affairs Victoria as the circumstances may amount to a case of direct discrimination.

Recovering a bond

Natasha and her friends pay a $500 bond when renting a holiday place at Anglesea. At the end of their stay, the agent notices some cracked tiles in the bathroom. Natasha is not certain but thinks that the tiles may have already been cracked when she arrived. The agent withholds $150 and returns the balance of the bond.

What should Natasha do?

  • Try to negotiate an acceptable settlement with the property agent. If unsuccessful, contact Consumer Affairs Victoria or make an application to the Victorian Civil and Administrative Tribunal (VCAT).

 You can find the contact details for the organisations listed in the above scenarios on our Contacts page.

Department of Planning and Community Development

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