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Homelessness – frequently asked questions

Can I make a complaint about an emergency housing service?
Can I live somewhere without having a tenancy agreement or paying rent if the property has been vacant for a long time?
Can the police arrest me for begging?

Can I make a complaint about an emergency housing service?

The Homelessness Advocacy Service (HAS) can give you information about your rights and help you to make a complaint about any of the Office of Housing–funded homelessness services in Victoria.

Call HAS on 1800 066 256 or visit the service at 34 Brunswick Street, Fitzroy.

Can I live somewhere without having a tenancy agreement or paying rent if the property has been vacant for a long time?

Living in a vacant house or building without the owner's permission and without paying any form of rent is called ‘squatting’.

Squatting is not against the law, but the police can charge you for being in a building or on land without the owner’s permission (trespassing).

The property owner can evict you and may take civil action against you for compensation. The owner may call the police to have you evicted immediately. In some cases, you may be able to stay on for 24 or 48 hours, to give you time to find somewhere else to stay.

If the property owner wants to evict you and you refuse to go, they can apply to the Supreme Court to get an order forcing you to leave.

Most property owners will evict squatters immediately. However, some squatters are able to reach an agreement with the owner to stay on as a tenant by explaining their financial situation and offering to pay what rent they can afford and/or ensuring that the property is looked after.

If you have occupied a property as a squatter for 15 years you are entitled to have your name entered on the land title, unless the land is owned by the government. This means that legally you own the land. You need to be able to prove your period of possession.

Can the police arrest me for begging?

Technically, begging is against the law and the police have to enforce that law. You can be charged, fined or even imprisoned.

If the police see you begging and you are not causing any trouble they will probably just ask you to stop. However, if someone complains to the police or the police think you’re acting in a threatening or aggressive manner, they may charge you.