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What does FACS do when a complaint is received?

If FACS receives a complaint relating to a breach of tenancy agreement for antisocial behaviour, FACS will investigate the matter.

FACS may contact the complainant to gather evidence of the claims being made and may speak with other witnesses and agencies, including NSW Police.

FACS will contact the subject of the complaint by writing to them and inviting them to attend a scheduled interview to discuss the allegations.

The tenant accused of the antisocial behaviour will be provided the opportunity to reply to the allegations made against them and FACS will determine, based on the investigation and evidence provided, whether or not the complaint is substantiated.

FACS will then respond to both the complainant and the accused tenant notifying them of the action FACS has taken. This may include issuing a warning, strike notice or action being taken through the NSW Civil and Administrative Tribunal (NCAT) to seek termination of the Tenancy Agreement.

If three strike notices are issued within a 12 month period, FACS may take action to end the tenancy. If the type of Antisocial Behaviour is considered severe illegal antisocial behaviour or serious antisocial behaviour, FACS may take action at the NCAT to end the tenancy.

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