Every home service booked in Australia, from a house clean to a handyman job, comes with automatic consumer guarantees under the Australian Consumer Law (ACL). These rights are non-excludable: no booking’s terms and conditions can waive or alter them, and they apply whether the service was booked directly with a provider or through a platform like Urgent Pro.
When a service is not performed to the standard required under the ACL, you are entitled to a remedy. What that remedy looks like, and who gets to decide it, depends on whether the failure is minor or major.
Your Consumer Rights Under the ACL
Pursuant to the ACL, service providers must ensure that the services they are engaged to perform are performed with due skill and care. Where this is not the case, service providers are liable to customers for the costs incurred to remedy the situation, for example the cost of having the work redone, or for the loss of enjoyment of the services.
Your consumer guarantee rights apply to cleaners, handymen, removalists and other service providers engaged in Australia. The ACCC’s consumer rights and guarantees page provides a comprehensive national overview of how these protections apply.
Section 60 of the ACL provides that services must be performed with due care and skill. This means the service must be performed in line with the skills and care expected of a provider in that trade or occupation.
Section 61 provides that where a consumer requests a service for a particular purpose and the service provider agrees to provide the service for that purpose, the service must be provided in a manner that is appropriate for that purpose.
Section 62 states that where a service is provided for the consumer’s use and enjoyment, the service must be provided within an appropriate time frame.
The guarantees under the ACL apply to any home service provided in Australia, including services booked through Urgent Pro’s home services platform. You cannot avoid them, and they do not require you to purchase additional protection or warranties. Checking a provider before you book is the other half of the picture: see what to ask a provider before booking.
Check What Was Agreed
Most people think that contacting customer support is the first step when they are unhappy with a service. Most people are wrong, and it is this step that often causes the greatest level of frustration for both parties.
The Booking Confirmation is the legal contract that defines the service. If an oven was not cleaned and you are not happy about it, is oven cleaning listed on the Booking Confirmation? Was it an add-on? If oven cleaning was not part of the Booking Confirmation, the service provider performed to the scope defined by that confirmation. If the scope of the booking is not in line with what you expected, the solution is to book the additional scope for the next service. It is not to make a claim for a service warranty.
To be clear: if a service provider has not performed a task that was clearly defined in the scope of the booking, you are absolutely within your rights to escalate the situation.
For a detailed breakdown of exactly what is and is not included in a standard house clean, and which tasks require a separate add-on booking, see what to expect during a standard clean.
Minor and Major Failures
The legal remedy available to you depends on the nature of the service failure.
A Major Service Failure is defined as a failure to perform a task that is required for the service to be performed to a standard that is useful to the consumer. An example would be if a provider was booked to clean the bathroom but failed to clean the bathroom mirror.
A Minor Service Failure is when a non-essential task, one that does not affect the fundamental usefulness of the service, is not performed. An example would be if a provider was booked to clean the bathroom but failed to clean the bath mat.
The Australian Consumer Law allows for the distinction between minor and major failures to provide varying remedies and to determine who gets to decide on that remedy.
A minor failure is a failure that does not affect the fundamental purpose of the service. For example, a cleaner may miss one surface during a clean, or a shelf may not be quite level. It is also possible for a provider to miss one item during a cleaning service.
For a minor failure, the service provider decides on the remedy. The provider can choose to either perform the remaining part of the service or provide a partial refund. A service provider is obligated to address the complaint.
A failure will be considered a major failure in the following circumstances:
- The service is provided without the customer’s knowledge of essential information that would have affected their decision to use the service.
- The service, despite the provider’s best efforts, cannot be made fit for its purpose.
- The service, despite the provider’s best efforts, cannot be made fit for a purpose that was expressly specified by the customer.
- The service creates a dangerous situation.
A customer is entitled to a full refund for a major failure and is not required to wait for re-performance of the service. Alternatively, the customer can require re-performance of the service and claim compensation for the loss in value.
| Minor failure | Major failure | |
|---|---|---|
| Who decides on the remedy? | The provider | You |
| Available remedies | Re-performance or partial refund | Full refund or compensation |
| Can the provider insist on a fix first? | Yes, within a reasonable time | No. You choose. |
| Examples | One section of regrouting incomplete, a portion of a standard clean | Damaging furniture during a move, a safety hazard, rubbish collection that did not occur |
What to Document Before You Contact Anyone
The more detail you include, the easier it is for Urgent Pro to assist you. Full information on the types of evidence required is provided on the how it works page.
Dated photographs. Take photographs of the issue as soon as you discover it. Photographs taken immediately are more effective than photographs taken some time later. For cleaning complaints, take photographs of the areas that were missed or not done to standard. For handyman work, take photographs of the defect.
Your Booking Confirmation. This is evidence of the scope of work to be done and is important for any claim. Keep a copy of all electronic communications with Urgent Pro for your records.
Third-party reports. Reports from real estate agents or property managers are relevant for end of lease and vacate cleans. These explain which aspects of the work the agent considers unacceptable. For damage caused by a removalist, the delivery inventory and any condition notes made at the time of collection and delivery are relevant.
You are entitled to claim for any defect, damage or loss caused by the service. Before making a claim, give a brief, clear and calm description of what happened. An angry or frustrated approach will not be as effective as a clear and collected one in getting the outcome you want.
How These Rights Apply to Different Home Services
Cleaning: standard house clean. Most complaints after a standard house clean are minor. The most common complaints are failure to clean a bathroom to standard or failure to clean a surface. If your complaint is within the 24-hour cleaning service warranty window, you are entitled to a free re-clean. To use the warranty, contact Urgent Pro within 24 hours and include dated photographs of the surfaces that were not cleaned to standard. Urgent Pro’s cleaning service warranty sets out the full process.
Cleaning: bond and vacate. A bond or vacate clean is a specific clean to help tenants meet the condition requirements of their tenancy. If there are items within the premises in the scope of the bond clean that were not cleaned during the service, and the clean was booked specifically to help meet those requirements, you may be entitled to lodge a claim under the section 61 guarantee. You have up to 14 days from completion to claim a re-clean, and the window closes 72 hours after the agent’s written report if that comes first. It is advisable to obtain the final inspection report from your agent during this time. For a checklist of what agents most commonly assess, see how to get your full bond back.
Handyman. The time period within which you can make a claim for handyman work varies by task type. Simple assembly such as a piece of furniture gives you 7 days. For door work and work done in wet areas, you have 14 days. For work done to install a wall-anchored shelf or mount a television, you have 30 days. Issues that occur within these periods, such as a shelf that is not fixed securely to the wall, or a door that still does not close properly after an on-site adjustment, can be referred to Urgent Pro as workmanship claims. For full details of the warranty tiers, see what handyman services cost in Australia.
In the event that a service provider causes damage to your property during the course of the service, the service provider’s public liability insurance will cover the cost of the claim. Do not move the item in question and inform Urgent Pro of the damage as soon as possible. For a cleaning job, the steps after a cleaner damages something covers what to document and how the claim runs.
Rubbish removal and lawn mowing. If all of the rubbish agreed to be removed is not removed, or if a large area is not mown as agreed, this is a service warranty claim. A total failure to perform the service is a major failure. A partial completion is a minor failure.
How to Make a Complaint Through Urgent Pro
Urgent Pro’s service warranty covers you in addition to your ACL rights. The service warranty sets out the procedure you must follow to be eligible for a remedy. For what each warranty period does and does not cover, see what the warranty actually covers.
Step 1: Contact Urgent Pro promptly. Contact Urgent Pro within the time limits specified in the service Booking Confirmation. For standard cleaning this is 24 hours. For handyman services this is 7, 14 or 30 days depending on the nature of the job. Let Urgent Pro know you are not satisfied with the service provided and what you believe should have been provided instead.
Step 2: Provide evidence of your complaint. This should include dated photographs taken as soon as the issue was discovered. Include your Booking Confirmation and any other supporting documents. Identify which items in the confirmed scope were not addressed, and state whether you consider the failure to be major and why.
Step 3: Re-performance. For less serious issues, the first step is to have the original provider return to correct the items in scope. If the provider will not or is unable to perform the correction, or if the correction is not performed to an acceptable standard, a substitute provider will be engaged.
Step 4: Refund. Where re-performance is impractical or where a major failure is determined, a refund will be issued from held funds. A refund takes a minimum of 14 days to process. Claims for more than $1,000 will be assessed through an on-site investigation before a determination is made.
If the Issue Is Not Resolved
If you are not satisfied with the outcome through Urgent Pro, you have the right to escalate externally. Each state and territory has its own consumer protection agency. In Western Australia, contact Consumer Protection WA. Equivalent bodies include NSW Fair Trading, Consumer Affairs Victoria, the Queensland Office of Fair Trading, and the equivalent agencies in South Australia, Tasmania, the ACT and the Northern Territory. Legal advice from a qualified consumer law practitioner is appropriate for claims involving significant financial loss.
FAQs
Do my consumer rights apply despite the terms and conditions?
Yes. The Australian Consumer Law provides automatic rights for consumers. The ACL states that no contract term, condition or prohibition is valid to the extent that it modifies or excludes ACL rights. Requiring customers to agree to terms and conditions that exclude or limit liability does not alter a customer’s rights under the ACL.
What should I do if services were not provided as agreed?
First, verify your service was not provided as agreed by checking your Booking Confirmation. If a task in scope was not performed, take photographs immediately without touching or moving anything. For standard cleaning, contact Urgent Pro within 24 hours. For handyman services, contact Urgent Pro within 7 to 30 days depending on the service provided.
Am I entitled to a full refund if the service was provided poorly?
Not automatically. For a major failure, you are not required to accept re-performance and are entitled to a full refund. For a minor failure, you are entitled to require the service to be re-performed.
What should I do if the service provider damaged something?
Contact Urgent Pro to file a claim for damage to your property. Urgent Pro will investigate your claim and engage the service provider’s public liability insurance if necessary. This process is separate from the warranties and remedies for service quality. If there is damage to your property, do not touch or move any of the items involved. Take photographs and contact Urgent Pro as soon as possible.
Is it guaranteed that a bond clean will result in the property passing the final inspection?
No. Urgent Pro cannot guarantee whether the rental property will pass the final inspection. That decision is made by the lessor, property manager or agent. Urgent Pro guarantees the service as agreed. If the service is not completed to the agreed standard, Urgent Pro will arrange for the service to be re-performed at no additional charge.
How do I determine if a situation is a minor or major failure?
In general, if the service was mostly completed but specific items were missed or not done to standard, it is a minor failure. If the service created a safety risk, did not occur at all, or caused damage to your property, it is likely a major failure. For additional guidance, visit the consumer guarantee page.