Tenants: your rights and responsibilities

Appeal against a housing decision

If you're a public housing tenant, you can appeal most decisions that affect your housing needs.

It's free to appeal. You will not be discriminated against or disadvantaged if you appeal.

If you have difficulty understanding English, you will be given an interpreter for free.

What you can appeal

You can appeal most decisions made by the Department of Territory Families, Housing and Communities up to 2 years ago which may affect you and your housing needs.

Examples include all of the following:

cancellation of housing applications
tenant debt
tenancy issues such as transfer and rent assessment
maintenance request such as fencing and disability changes
evictions.

Read the lodge an appeal with housing fact sheet PDF (65.3 KB).

What you can't appeal

You can't appeal any of the following:

disputes between neighbours
government policy
complaints about a department staff member - these are investigated internally
decisions where legal action is being taken or has been taken - for example, the Northern Territory Civil and Administrative Tribunal
matters being reviewed by:
- Ombudsman Northern Territory
- Northern Territory Anti-Discrimination Commissioner
- Information Commissioner Northern Territory
- Minister for Territory Families and Urban Housing
- Minister for Remote Housing and Town Camps
a decision made by the department not to sell, lease or dispose of properties under their control to a specific person or body.

If you don't know if your issue can be appealed, call the Appeals Unit on 1800 685 743.

How the appeals process works

There is a 2-tiered process that makes sure appeals are dealt with in a fair, consistent and transparent way.

First tier appeal

Your appeal will first go to the Appeals Unit.

They will review your appeal and make recommendations to the relevant housing office.

You will then need to follow these steps:

Step 1. Fill in the first tier form.

First tier form DOCX (73.5 KB)
First tier form PDF (572.9 KB)

Step 2. Provide documents to support your appeal.

Step 3. Submit your form by mail, email or in person.

By mail

Appeals Unit
GPO Box 4621
Darwin NT 0801
housing.appeals@nt.gov.au

In person

Apply at your local housing office.

Second tier appeal

If you're still unhappy, you can make a second tier appeal.

Follow these steps:

Step 1. Fill in the second tier form.

Second tier form DOCX (72.0 KB)
Second tier form PDF (573.5 KB)

Step 2. Provide documents to support your appeal.

Step 3. Submit your form by mail, email or in person.

By mail

Appeals Unit
GPO Box 4621
Darwin NT 0801
housing.appeals@nt.gov.au

In person

Apply at your local housing office.

Your appeal will be investigated by the Appeals Unit, then passed to the Public Housing Appeals Board.

This board is independent from the department.

Their job is to see if the department's decisions are fair, within the law and consider your circumstances.

Hearing

You will be asked to attend an appeal hearing so you can tell your story.

You can bring a family member or an advocate.

To help you with your appeal, an interpreter can be provided at no cost to you.

Following the appeal, the board will provide recommendations to the department for a decision.

You will be then advised in writing of the decision and the reason for this decision.

If you still disagree

If you disagree with the outcome of your appeal, you can take your complaint further to any of the following organisations:

Minister for Territory Families and Urban Housing
Minister for Remote Housing and Town Camps
Ombudsman Northern Territory
Northern Territory Anti-Discrimination Commissioner
Information Commissioner Northern Territory.

Support for Aboriginal tenants

The Appeals Unit will provide help with the appeals process or refer you to specific Aboriginal organisations.

Be a good neighbour in public housing

As a public housing tenant you have the right to enjoy your property in peace and quiet.

Your neighbours also have this right, so it's important you don't cause problems for them.

How to be a good neighbour

You should do all of the following:

show respect for your neighbours
help to create reasonable peace, quiet and enjoyment in your neighbourhood
be responsible for your visitors
park only in designated spaces
make sure you do not create problems or engage in antisocial behaviour.

Find out more about what antisocial behaviour is.

Information on how to be a good neighbour

To help you understand how to be a good neighbour, you can listen to one of these radio commercials.

They are available in English and four Aboriginal languages:

Feedback or complaints about neighbours

If you have a serious or illegal problem with a public housing neighbour, you should call the Northern Territory Police on 000.

If you want to make a complaint about the behaviour of one of your public housing neighbours, you can contact your local housing office or call 1800 685 743 during business hours.

After hours from 4pm to 8am, including public holidays and weekends, call the Northern Territory Police on 131 444.

Pets in public housing

There are many benefits to families and individuals by keeping animals as pets.

This includes the importance of assistance animals to people with disabilities.

Read below to find out how to notify and get approval from the chief executive officer (CEO) for Housing.

Your responsibilities

You're responsible for looking after your pets and keeping them healthy.

If you keep pets, you must consider their ongoing welfare and safety.

You can keep pets in your housing property if:

they do not prevent lawful entry to the property
they do not cause a nuisance or danger to others
they do not cause damage to the property
you comply with all local council by-laws for keeping pets
your pet is registered and has relevant certificates
the body corporate allows pets.

Read more about being a responsible pet owner.

How to apply

You must notify the CEO for Housing of your intention to keep a pet or assistance animal.

The CEO has 14 days to consider your notice.

During this time, you cannot keep your pet or assistance animal at the premises.

To notify the CEO, follow these steps.

Step 1. Fill in the intention to keep a pet form.

Intention to keep a pet form PDF (572.0 KB)
Intention to keep a pet form DOCX (61.3 KB)

Step 2. Attach any registration or ownership documents.

Step 3. Lodge the form and any supporting documents at your local housing office.

Pet enclosures and fences

To build a permanent structure such as a cage, enclosure or fence, you must get written approval from the CEO for Housing

Get the approval before you make changes to the property.

Read more about alterations and additions.

Burying your pet

To bury a pet or assistance animal, you must get written approval from the CEO for Housing.

The approval will ensure all relevant local council by-laws and environmental health laws are met.

Council by-laws

You must follow your local council by-laws. Contact your local council to find out more about:

pet registration
keeping certain types or number of pets.

To keep snakes, reptiles and native animals, you may also need permits.

Find your local council.

Breeding pets

To breed or keep animals for commercial purposes, you must get written consent from the CEO for Housing.

Complaints about pets

You should make a complaint if you are concerned an animal is:

possibly dangerous
causing a nuisance
injured or ill
being badly treated or neglected.

Make complaints about nuisance or dangerous pets to your local council.

Read more about reporting animal cruelty or neglect.

If a complaint is received

If your pet is causing a nuisance or danger to residents, the CEO for Housing may refer the matter to the local council or animal welfare inspectors.

Damage caused by pets

You are responsible for how your pet behaves while in your care.

This includes any damage your pet makes to the premises.

You are responsible for the repairs and costs of any damage caused by a pet.

You also have a responsibility to make sure your pet does not continue to cause damage to the premises.

You may need to protect damaged areas your pet can access.

More information

For more information about keeping animals, contact your local housing office.

Public housing inspections

Housing officers will come to your public housing home to inspect its condition. They may visit up to four times a year.

They may come more than this if your house needs repairs.

They can also drive by your home to make sure you are looking after your yard.

What housing officers look at

Housing officers check you are looking after your home.

They will also check to see if your home needs any repairs or maintenance.

They will organise for someone to fix anything that needs repairs.

You will have to cover the cost of repairs for damage you are responsible for.

When damage is your responsibility

Damage is determined by comparing the current condition of your property to the condition it was when you moved in.

This includes any damage that is deliberate or caused by neglect.

You aren't responsible for reasonable wear and tear.

Reasonable wear and tear includes any deterioration or damage that happens due to normal use or ageing of your home.

Fixing damage to your home

You will have 28 days to repair damage to your home.

Housing officers will come back to your home to check you have repaired the damage properly.

If you don't repair the damage, housing officers will organise a contractor to make the repairs.

You will then have to pay for the cost of the repairs.

For more information contact your local housing office.

Run a business from your public housing home

If you want to run a home-based business from your public housing home in the Northern Territory (NT), you must apply in writing.

Conditions

For your business to be approved, the following conditions must apply:

your home continues to be used for residential purposes
you get relevant licences, permits and approvals to run your business
you hold adequate and relevant insurance
your business income is declared to the Department of Territory Families, Housing and Communities
the operation of your business follows planning requirements.

How the business impacts on your rental property will also be looked at.

How to apply

You must write a letter to the Department of Territory Families, Housing and Communities including:

your name
your home address
the type of business you want to run
operating hours.

Find your local housing office.

Documents you will need

If your application is successful, you will also need to provide copies of:

business registration
your qualifications to carry out that business
relevant insurance.

Submit your documents by email, mail or in person to your local housing office.

You may also be sent a follow up letter asking for more information.

Complaints

Your situation may be reassessed at any time and your approval may be withdrawn if you don't follow the conditions of approval.

Temporary vacancy of your public housing home

If you need to leave your public house for more than 30 days and want to return, you may be able to either:

apply for a caretaker tenancy
or give up your tenancy and be given another house when you return.

Reasons you can leave

Acceptable reasons may include any of the following:

interstate or overseas holiday
looking after a sick family member or getting medical treatment
study or temporary employment
entering a residential rehabilitation program
need to leave temporarily due to domestic violence
imprisonment.

Caretaker tenancy

This means you ask someone to live in your house, called a caretaker, for up to six weeks.

Depending on the circumstances, they may be allowed to stay for up to six months.

The caretaker tenancy must not be longer than the time remaining on your fixed-term lease.

For more information, contact your local housing office.

Visitors in public housing

There are restrictions on how long visitors can stay with you in your public housing property in the Northern Territory (NT).

Visitors to your home can stay for up to 14 days. Sometimes visitors may need to stay for cultural, medical, sporting or family reasons.

If you want a visitor to stay longer than 14 days, you must apply for permission from your local housing office.

To help you and your visitors understand the conditions for managing visitors in public housing, you can listen to the audio recordings and downloadable files in different languages below.

How many visitors are allowed

The number of visitors you can invite to stay depends on the number of people living in your house and the number of bedrooms you have.

How to apply

To apply for permission for your visitor, you must follow these steps:

Step 1. Fill in the visitor extended stay form.

Visitor extender stay form PDF (709.0 KB)
Visitor extended stay form DOCX (919.4 KB)

You must include the total number of visitors and each visitor's:

name including other given names
date of birth
phone number
current residential address
length of stay
reason for staying
arrival date
number of dependents if any.

Step 2. Submit your form to your local housing office.

When you can't apply

Your application may not be approved if any of the following applies to your visitors:

they could cause overcrowding
they're former public housing tenants or occupants of a tenancy that was terminated by the Department of Territory Families, Housing and Communities in the last two years
they can't prove they have a permanent home elsewhere.

If your visitors cause problems

What you can do

If your visitors cause problems, you can:

ask them to leave
call the NT Police on 131 444
call your public housing safety officer on 1800 685 743
contact your local housing office.

What the department can do

The department can ask your visitors to leave if:

you don't want them to stay but find it hard to ask them to leave
overcrowding is a concern
your visitors are causing antisocial behaviour.

The department can also take the following legal steps:

issue a notice to stop certain behaviours
issue a notice for your visitors to leave
issue a trespass order
issue a notice of a breach of tenancy which you can show your visitors.

Aboriginal language recordings

Listen below to find out conditions for visitors in your public housing home.

Tenants: your rights and responsibilities

Appeal against a housing decision

First tier appeal

By mail

In person

Second tier appeal

By mail

In person

Hearing

Be a good neighbour in public housing

How to be a good neighbour

Information on how to be a good neighbour

Feedback or complaints about neighbours

Pets in public housing

Your responsibilities

If a complaint is received

More information

Public housing inspections

What housing officers look at

When damage is your responsibility

Fixing damage to your home

Run a business from your public housing home

Conditions

How to apply

Documents you will need

Complaints

Temporary vacancy of your public housing home

Reasons you can leave

Caretaker tenancy

Visitors in public housing

What you can do

What the department can do

How long visitors can stay

How to apply for a visitor to stay

How many visitors can stay

Help to manage visitors

Why is there a time limit for visitors

When applications cannot be approved

When visitors cause overcrowding or become antisocial

Tenants in remote areas