CONSUMING MATTERS

September 2001

PRODUCED BY

THE CONSUMER AND TENANT RESOURCE CENTRE OUTER EAST

FUNDED BY THE CONSUMER AND BUSINESS AFFAIRS VICTORIA

BEWARE OF BOGUS TRADESMEN

Consumers need to be wary of sham doorknockers offering to do household repairs and maintenance. What is alarming is these door to door hustlers usually target the elderly who are more vulnerable to pressure tactics.

Anyone selling goods or services door to door are required by law to provide customers with a 5 day cooling off period and a cancellation notice with a copy of the sales agreement. Warning signs to look for to spot bogus tradesmen are. · Being asked to pay for the job up front and in cash, · Told special offer is only valid for that day, · Not providing a written quote · Offering exceptionally low quotes · No identification and full contact details · Using intimidation or scare tactics

If you have been doorknocked by a tradesman who you believe to be using questionable tactics call us at the Centre on 9761 0288.

ENDING A TENANCY

Tenants need to be aware of their rights and responsibilities when ending a tenancy. If there is no fixed term tenancy agreement or the agreement is about to expire then a tenant must give a 28 day Notice of Intention to Vacate (NIV) to the landlord in writing. The notice must state what date you will be leaving the premises and it must be at least 28 days from the day the landlord receives the notice. This means that you must allow an extra two business days for delivery if you send it certified mail. (Keep the receipt so you can prove you sent it).

If the landlord has given you a 90 day Notice To Vacate (NTV) or a 60 day NTV or you require special care or have a written offer of public housing then you only have to give a 14 day NIV. If you have a fixed term agreement and it is about to expire you can give a 28 day or 14 day NIV as explained above. You must give a written notice even if you intend to leave on the day the agreement ends. The termination date on the notice cannot be earlier than the last day of the fixed term. This applies even when the landlord has given you a NTV which expires on the last day of the agreement. If you give notice and leave before the fixed term ends then you are breaking the agreement and can be liable for compensation costs.

THE TENANCY ENDS WHEN YOU HAVE VACATED THE PROPERTY AND RETURNED THE KEYS. THIS IS THE CASE EVEN IF YOU HAVE BROKEN YOUR LEASE. WHEN THE KEYS ARE RETURNED, RENT IS NO LONGER PAID. IF COMPENSATION IS OWED TO THE LANDLORD, THIS CLAIM IS MADE WHEN THE FULL AMOUNT IS KNOWN. THE LANDLORD MUST ATTEMPT TO MINIMISE THE LOSS.

Forms are available from the Centre for tenants to use when giving notice of their intention to leave.

CODE OF PRACTICE FOR FITNESS CENTRES

Fitness Victoria Inc is an organisation which represents those Health and Fitness Centres throughout Victoria that are members and signatories to the Code of Practice.

The objectives of the Code are; to provide a high value service; to set a standard of business practice; to set a standard of consumer service; to establish complaint resolution procedures and to establish a disciplinary process for defaulting signatories.

The Code sets out the supplier's obligations to their consumers; guidelines for membership agreements; cooling-off period provisions and procedures; standards for the fitness centre and a complaints resolution procedure through the Complaints Resolution Committee. Consumers can check if a particular Fitness Centre is a member and signatory to the Code before signing an agreement with them.

Fitness Victoria can be contacted on 9428 7733 The Centre has a copy of the Code of Practice for consumers to peruse.

TELEPHONE AND INTERNET SALES

The Fair Trading Act at the moment only provides very weak consumer protection for people entering into or altering contracts either on the phone or on the internet. These sales are known as non-contact sales and it is important to note that suppliers are not legally required to give a cooling-off period.

Consumers have been known to get caught by that phone call around dinner time. You agree to anything just to get them off the phone. Did you know that some of these phone calls are taped and that if you agree to purchase any items or services then you are legally bound. It is important to note that telephone marketers must cease negotiations immediately upon request and refrain from calling back for the next 30 days.

The Fair Trading Act is under review and hopefully this is one area that will be altered to allow for a cooling-off period the same as in contact sales.

BOND FORMS

It is now 3 years since the new Residential Tenancies Act was introduced, bringing with it changes to the handling of the Bond. We are constantly reminding tenants not to sign blank Bond Claim forms because details can be filled in afterwards that they did not agree to. We hear tenants telling us that Property Managers told them the forms have to be typed to go to the Bond Authority, or for ease they will fill in the details.

Tenants are reminded again DO NOT SIGN A BLANK BOND CLAIM FORM under any circumstances, it must be filled in completely before signing.

If we are advised by a tenant that the Landlord or Property Manager insisted they sign a blank form - we will report this breach to CBAV for investigation.